Lawyers, Answer Questions  & Get Points Log In
Questions Answered by David Gormley
1 Answer | Asked in Bankruptcy for Texas on
Q: Can I add a cover letter with additional information for the trustee when filing my chapter 7 petition?

If so, do I just place it on top when filing?

David Gormley
David Gormley answered on Nov 16, 2019

You probably just want to send the cover letter with the document production you send the Trustee after the case is filed.

2 Answers | Asked in Bankruptcy for Texas on
Q: Can I file a typed cover letter with my chapter 7 petition? I would like to explain some additional items.

If so, do I just put it on top of the paperwork or does it need to go in a specific place?

David Gormley
David Gormley answered on Nov 16, 2019

When the case is filed a trustee is assigned. There are documents you need to provide the trustee. If you have something you want to explain that doesn't fit in the comments sections of the petition, you can send it as a cover letter with the documents.

View More Answers

3 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Q: Question about 5-101 Maryland. Where does the 3 year date start? It says from the date it accrues?
David Gormley
David Gormley answered on Apr 16, 2019

For debts it runs from the breach of the contract. Usually this is the date of the last payment.

For more information on this statute see the Maryland People's Law Library article: https://www.peoples-law.org/statute-limitations

View More Answers

3 Answers | Asked in Bankruptcy for Maryland on
Q: I noticed that it costs less to file a Chapter 13 bankruptcy in Maryland than a Chapter 7. I don't have a lot of money.

What are the requirements for filing Chapter 13?

David Gormley
David Gormley answered on May 19, 2018

Chapter 13 is a payment plan where you pay back some or all of your debt over a 3 to 5 year period. While the filing fee for a 13 is less than the filing fee for a Chapter 7 that does not make it the cheaper option. The attorney's fees are usually more than for a Chapter 7. Along with that you... Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Florida on
Q: How do I find information on previous bankruptcy discharged in Orlando
David Gormley
David Gormley answered on May 6, 2018

I agree with Mr. Denison. But if you were represented by a lawyer they should be able to provide a copy. You could also check with the clerks office to see if you can print copies from a computer station at the Court House.

View More Answers

2 Answers | Asked in Bankruptcy for Alabama on
Q: I have loans Secured and unsecured Payday loans and a garnishment. I cannot afford the attorney fees. What do I do?

I would rather file for chapter 7 bankruptcy. Then chapter 13.

David Gormley
David Gormley answered on May 6, 2018

At least get a consultation with a bankruptcy lawyer. If you still find you can afford to pay a lawyer they may be able to point you in the direction of some local resources so you don't have to try to represent yourself. At least do a search to see if there is a local Pro Se Assistance Project... Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Maryland on
Q: I need a reaffirmation agreement for my mortgage but i wasn't given one 8 years ago. My lawyer said I don't need one.

My mortgage company won't report my payments to the credit bureau without one even though I never have missed a payment. My lawyer said a judge probably wouldn't reopen the case because it's been so long. Anything I can do without paying money?

David Gormley
David Gormley answered on May 3, 2018

One option would be to see if you should refinance your house. Only do this if it makes sense financially. Don't do it just to get a mortgage company to report payment to a credit bureau.

3 Answers | Asked in Bankruptcy for Maryland on
Q: I claimed bankruptcy in 2017. I received a letter that said I need to vacate in ten days. I called them and asked for 30

They replied with no. Is that legal,such short notice? What if any are my options?

David Gormley
David Gormley answered on May 3, 2018

To answer your question I would need some more details on the letter and what legal proceeding have taken place. Your reference to a the bankruptcy makes me suspect the property may be one that you owned and now has gone to foreclosure. You may want to do a search and see if an eviction has been... Read more »

View More Answers

1 Answer | Asked in Banking and Bankruptcy for Maryland on
Q: My dad is filing for bankruptcy and has his name on my bank account. What does this mean for the money that is mine?

The account was opened for me when I got my first job at fourteen and he never took his name off of the account. All of the money in there is mine but he says his lawyer told him it would look like he is hiding assets if I take the money out.

David Gormley
David Gormley answered on Apr 27, 2018

Your father will have to list this account as an asset in his case. The question is how can he protect this asset with exemptions he has to protect assets. If he is filing a Chapter 7 bankruptcy the Trustee can take the nonexempt assets to distribute among the creditors. If he transfers an the... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.