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Questions Answered by Derek John Soltis
3 Answers | Asked in Bankruptcy for New York on
Q: once a motion for bankruptcy is approved and finalized by a bankruptcy court, can a creditor still come after assets?
Derek John Soltis
Derek John Soltis answered on Feb 23, 2021

It depends. For instance, if you have a chapter 13 and you do not make your mortgage payments the bank can ask to lift the automatic stay. And if the stay is lifted they can go after the house.

If you file a chapter 7 and own a car, and stop making payments the creditor can ask for the...
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5 Answers | Asked in Bankruptcy for New York on
Q: Am I entitled to any of the remaining balance of my house after it sold after my bankruptcy?

I claimed bankruptcy many years ago. I keep getting a notification of an outstanding balance with Caliber Home Loans. The house sold in 2017 for over $40,000 more than what I owed on the house. I am wondering if I am entitled to any of this at all.

Derek John Soltis
Derek John Soltis answered on Feb 15, 2021

Yes, excess funds above and beyond all of the fees for the foreclosure and sale go to the homeowner.

The court has to be petitioned for the fees. If you need help, reach out to an attorney in the state that the home sold.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Must you file a motion to obtain court approval to sell this property?

Debtor recently filed a chapter 13 and the plan has been confirmed. There is a property owned by the debtor with the ex-wife that the ex-wife is now fully responsible for, per the divorce agreement, but the debtor's name was never removed from the title. Now ex-wife is looking to sell that... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 11, 2021

Need court approval to sell, hire the realtor, hire the closing attorney, and amend the schedules.

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: If I filed an 2 eeo complaints against my employer in the past, they denied my entry in a program, is this retaliation?

The program is for promotional growth and advance. Higher pay and higher position. I was accepted and then taken out of the program. I have not received any disciplinary charges still and that's why they saying I was removed from the promotional opportunity.

Derek John Soltis
Derek John Soltis answered on Feb 11, 2021

You should speak with an Employment lawyer. It does sound like you have a cause of action against them, but you really should go over your options with a lawyer.

1 Answer | Asked in Real Estate Law for New York on
Q: How to obtain a copy of HOI and PIF invoice when buying a home? We are using a VA loan

Our appraisal came in good, and the mortgage bank is requiring us to provide a copy of the HOI and PIF invoice. Can someone elaborate further on what this is and where to obtain these documents?

Derek John Soltis
Derek John Soltis answered on Feb 4, 2021

HOI is Home Owners Insurance. PIF could be paid in full. It sounds like they are asking for you to provide an invoice showing that your homeowner's insurance is paid in full. The simplest way to verify is to ask the bank to explain the acronyms to be sure.

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: If I sell a property to my son for $1 to kick out a squatting, non-paying tenant, will this work?

I have a tenant in NJ who will NOT pay rent and knows he can get away with it for the time being due to covid.

Since his lease is month to month, am I able to sell the house to my son, and have the police forcefully remove him after a 2 week notice? I understand there MUST be a reasonable... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 3, 2021

No. That doesn't work. You still have to go to court. Your son could evict once he owns the property saying that he owns it and wants to live in an apartment. This is not a compelling argument for most judges at this time.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I live in an apartment that I suspect is illegal. How do I find out if it is?

I live on the top floor of a 2 story house. Downstairs is a couple who are also renting. Landlord is a combat vet and uses it to get some kind of discount, not sure how it works. Landlord insists on cash rent, saying he needs to "keep my footprint low." Last tenant left under very odd... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 25, 2021

You can look up the zoning of the house or contact the city. If the house is set up with multiple electric and gas meters I would bet on the house being set up as a multi family.

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2 Answers | Asked in Gov & Administrative Law and Landlord - Tenant for New Jersey on
Q: I have a tentant owes 4 mths rent many times he uses the jobs checks not cleared yet and; I now when I state it doesn’t

Look like you can afford $550 a month I need the room back; he is using COVID-19 law as an excuse. And I never mentioned eviction or filed one What can I do? I real want him out mainly because of the smoking that was clearly stated on the agreement not to do. Do we as landlord have any rights with... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 7, 2021

You can evict for other reasons not related to non-payment of rent. It gets to be a bit more complicated, but it can be done.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Living in motel for 4 months. Same room. Do they have to take us to court to evict us if we are late with rent.

Lost my job I may be late paying the next week

Derek John Soltis
Derek John Soltis answered on Jan 4, 2021

Yes they have to take you to court. Read the below article.

https://www.wnyc.org/story/nj-extends-lockout-protections-people-living-hotels/

1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: I’m 64. Family of 5 asked to stay 1 yr @$600/mo. fall 2019. Wont leave 2 yrs later lost my job. They claim c19 law

Met them at Food Bank where I volunteer. Have month to month contract. Told them 1 year only and retiring at 64. That was fall 2018 In Oct 2019 I extended it thru June 2020 to keep their son in school. They had 3 kids then. Today, January 2021, I Need to sell my 2 bedroom condo as I’m out of... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 4, 2021

Hello,

If they are destroying the property, you can evict them for that. There are still ways for landlords to evict; non-payment of rent is not one of them though. You should also look into the federal rental assistance that is coming. It is first come first serve, and with...
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2 Answers | Asked in Bankruptcy for New York on
Q: Hello I am in need to file for bankruptcy. I am homeless and I am from out of state.

All of my debt occurred in a different state and is some years old I and homeless no income at moment. I will soon be filing taxes for the last years as I know it's required. Can you provide free legal aid for my situation?

Derek John Soltis
Derek John Soltis answered on Dec 4, 2020

Try upsolve.org it is a free filing tool run by a non-profit. If you ask for attorney help, they will sell your contact information to an attorney as a lead. So, if you say you don't want a free tool, you will get a sales pitch.

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Husband died intestate in NJ. I am administrator. there are 3 children....no property only cash. what is the law

there is only 60,000 left after bills but I am confused on the law when it says ...spouse gets 25% but not less that 50,000 or more than 200,000....Do I keep the 60,000 with out sharing or ??? Im confused

Derek John Soltis
Derek John Soltis answered on Dec 4, 2020

I am sorry for your loss. The division of property depends on whether these are also your children or un-adopted stepchildren. If they are your and your husband's kids, you keep everything.

If you have step-children, you probably should talk to an attorney because the division of...
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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: What if my landlord does not want to renew my lease are do month to month during covid
Derek John Soltis
Derek John Soltis answered on Nov 17, 2020

Your location says Noncock, OH, but the question is posted in New Jersey? If you are in New Jersey the evictions courts are not really working at this time. Cases can be filed, but the sheriff's are not performing lock outs.

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1 Answer | Asked in Employment Discrimination for New York on
Q: I was terminated from my job dued to my mental illness what should I do
Derek John Soltis
Derek John Soltis answered on Nov 10, 2020

I am sorry to hear about termination. You may want to contact an employment lawyer to go over your options.

You may qualify for unemployment. If you have a mental illness, there are other programs that can help.

2 Answers | Asked in Probate for New Jersey on
Q: What are my rights as an heir to my mothers will

Is there a probate hearing in Cape May County NJ and how does that work. What if I wish to contest the executor named in the will. My brother is one of the executors and I dont know if I can trust him. What is the requirement of the executor to share all financial records of my deceased mother.

Derek John Soltis
Derek John Soltis answered on Oct 3, 2020

If you think the Executor is pulling something over on you, you can ask for a formal accounting by the court. These are normally very expensive.

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3 Answers | Asked in Bankruptcy and Traffic Tickets for New Jersey on
Q: 1986 I lost my license failure paying a traffic ticket i get SSID NJ wants 15.000 restitution should I file bankruptcy

What can i do to get a driver's license is bankruptcy my only option??

Derek John Soltis
Derek John Soltis answered on Sep 17, 2020

You have options. Talk to an attorney. You may even want to reach out to New Jersey Volunteers for Justice. They have had programs in the past to help people get their licenses back.

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4 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: What are the effects on a Municipal tax lien, When property owner subsequent files for bankruptcy protection.

Lien is bought and held by private investor. State of New Jersey.

Derek John Soltis
Derek John Soltis answered on Sep 16, 2020

The lein stays attached to the property and continues to gather interest. If a foreclosure has been initiated, that will be stayed pending the bankruptcy. If chapter 13 is filed, then the lien can be paid off in the chapter 13 bankruptcy.

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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Can a landlord in NJ get an arrest warrant issued for non payment of rent.

Lease was split between 3 roommates. It was not a good situation for me to be in so I moved out on June 15. Having paid my part of June and July rent. Giving them 45 days to find a new roommate.

Derek John Soltis
Derek John Soltis answered on Aug 25, 2020

No. That is not a thing.

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2 Answers | Asked in Employment Discrimination, Employment Law and Banking for New York on
Q: Can an employer threaten to fire you for using a phone during work hours?

My supervisor said he was sent an email stating my employer wanted to fire me for using a phone during work hours, which I have done previously for over a year. I and another employee, both women of color, were told we were acting suspicious and how they were afraid we were planning a robbery at... Read more »

Derek John Soltis
Derek John Soltis answered on Aug 23, 2020

As an at-will employee, you can be fired for any reason as long as it is not discriminatory. However, if only women of color are being told this while others use their cell phones then it may be the basis for a lawsuit / EEOC complaint.

But, if your employer tells everyone not to use...
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7 Answers | Asked in Bankruptcy and Divorce for New York on
Q: I’m a teacher and husband owns a business he’s threatening to file bankruptcy to not have to give me anything in divorce

Husband seems to do pretty well we live in a nice house multiple high end cars claims to have substantial debt including a million dollar loan he says that is backed by the house. Offered me a deal to buy him out of the house he wants the down payment he put down back plus about 100k of the equity... Read more »

Derek John Soltis
Derek John Soltis answered on Aug 18, 2020

Your soon to be Ex is bullying you and misstating what bankruptcy would do. Get a divorce attorney.

If you and he both own the property as tenants by the entirety, bankruptcy is not going to make the house disappear into his debts. There is a homestead exemption that applies in...
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