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Maryland Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Maryland on
Q: I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month

I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 24, 2022

Several of my bankruptcy clients have used such "debt resolution" services before engaging me, and none have good things to say about them or their effectiveness.

A bankruptcy case, filed in a real court, is the only path to a legally enforceable discharge of debt. Anything short...
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3 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Q: I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month

I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Oct 20, 2022

Once you accumulate a certain amount of money, they will negotiate with your creditors to accept that amount in full resolution of the debt. However, in the meantime, you will be in arrears (not paying), which will affect your credit. Obviously, the debt resolution company keeps a portion of that... Read more »

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3 Answers | Asked in Bankruptcy and Collections for Maryland on
Q: I have a wage garnishment for a credit card. The company hasn’t sent me any statements. Can I take them back to court?

I haven’t received any statement showing where the garnishment is going.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 15, 2022

Statements stopped when the account charged off. The garnishments are applied to the judgment; the law firm handling the garnishment keeps the balance and will give you a balance on occasion. They will not send you a monthly statement.

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2 Answers | Asked in Bankruptcy, Business Law and Collections for Maryland on
Q: Small C-corp is bankrupt. Owes <$25k in credit card debt. What are the options for settling the debt?

What happens if the business shutters without notifying the credit card company to whom the money is owed? Does an officer of the company have to appear in bankruptcy court?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jul 11, 2022

A corporate entity's authority to file a voluntary bankruptcy case may be tested, e.g., the recent NRA filing. Normally, it suffices to file a duly executed corporate resolution showing action by the board of directors, and yes, a corporate officer must appear for at least the 341 meeting... Read more »

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2 Answers | Asked in Bankruptcy and Small Claims for Maryland on
Q: Can I sue a person whose BR case was dismissed w/o prejudice?

I filed a small claim, but my case was put on hold b/c the person filed for BR. However, she did not list me on the creditors matrix. Her case was dismissed w/o prejudice in 2020. Will she be able to refile BR if I reopen my small claim agains her?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jul 6, 2022

The effect of a dismissal of a bankruptcy case is as if it had never been filed in the first place.

Yes, she'd probably be able to file again ("changed circumstances"), but your small claims case will almost certainly not be the reason why if she does.

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1 Answer | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Good day, This question is for a real estate attorney experienced in chapter 7 post bankruptcy.

I was told by the mortgage company that the mortgage statement was not correct that If I refinance or sell the property that I still live in, That I would only be responsible for the principal balance of $66k.

However, the statement says there is a deferred balance of 189k.

Over... Read more »

Daniel Staeven
Daniel Staeven
answered on Jun 30, 2022

It is clear that the mortgage company representative is melding two issues together to come up with a nonsensical result. The issue here is that while the Chapter 7 discharge absolves you of personal responsibility on the loan the liens remain. So, the deferred balance is part of the lien that... Read more »

2 Answers | Asked in Bankruptcy for Maryland on
Q: Is it possible to reaffirm or file motion to redeem cross-collateralization after Ch.7 discharge?

In 2014/2015 I took out an auto loan through my credit union, paid off loan by 2018, and filed Ch.7 in 2020. I had a credit card through the same credit union with about $1000 balance when the Ch.7 was discharged. I was never advised by the attorney, court, or credit union of the... Read more »

Daniel Staeven
Daniel Staeven
answered on May 13, 2022

Since the car was paid off in 2018 the release should have been given to you, regardless of any balance on the credit card, at that time. Said another way, the event that gave rise to the lien release happened before the bankruptcy case was filed. The cross collateralization clause cannot affect... Read more »

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2 Answers | Asked in Bankruptcy, Personal Injury and Traffic Tickets for Maryland on
Q: Can I get a hardship license? I have a back injury and unemployed. I lost my job in October and can't work do to injury

I have unpaid traffic tickets and can't afford to pay them, because of my injury what can I do?

Mark Oakley
Mark Oakley
answered on Jan 12, 2022

We’re these fines imposed by a judge after you requested a trial date and appeared for trial? If so, and if 90 days or less has passed since the trial date, you can file a motion with the court for reconsideration and reduction of the fines

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2 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Hi. In 2017, I did a ch 7 bankruptcy. I have a condo that I live in still pay each month.

I was told by PHH back then, that I would only have to pay off the new prin. Balance to own the home or$65k. Today, my account says there is a payoff of $188k or 1 & 2 prin Balance as payoff. I'm confused and want to know if I can refinance would it be only the $65k? I have a Screenshot.... Read more »

Timothy Denison
Timothy Denison
answered on Nov 11, 2021

You need to hire a bankruptcy attorney near you to review your case and documents. It is very difficult to give good advice without seeing the bankruptcy file and the pleadingstherein.

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3 Answers | Asked in Bankruptcy for Maryland on
Q: I am trying to find a Pro Bono Lawyer who can help with me bankruptcy

I am needing a clean start

Daniel Staeven
Daniel Staeven
answered on Oct 26, 2021

I suggest going to the Bankruptcy Court's Debtor Assistance Project. An attorney can help you fill out the forms and provide general assistance. The website for this project is:

https://www.mdb.uscourts.gov/programs-services/debtor-assistance-project

Good luck in the future.

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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Legal Malpractice for Maryland on
Q: I was given 2 responses but I dont know how to respond directly. I signed with my current Attorney in Oct of 2019.

Came up with a plan - started paying the bankruptcy each month. Paid into it March through November of 2020. My attorney filed something incorrectly - case was dismissed for a month. Started getting calls from creditors. He corrected it - I'm back in the bankruptcy. Bankruptcy approved in Dec... Read more »

Mark Oakley
Mark Oakley
answered on Sep 16, 2021

You can get a second opinion from another experienced bankruptcy lawyer, who will need to review your case and the filings in it. If there is something new that can be done, other than what is being done, then they will tell you. If there was malpractice, then they can identify it for you and... Read more »

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2 Answers | Asked in Bankruptcy and Legal Malpractice for Maryland on
Q: Currently in an active chapter 13 and I'm pretty sure my attorney royally screwed up. I need to know if I have a case.

If so - I want all my debt cleared and mine and my spouses credit score back to the 700's. If you are willing to look at my case - please let me know. I really could use some help

Anna L Self
PREMIUM
Anna L Self
answered on Sep 15, 2021

No one an give you an opinion on this board without reviewing your case. And even if your attorney "screwed up royally" there is not way to get your credit score to the 700s.

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2 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Is rent to own the best way to buy/acquire a home in pre-foreclosure if you don't have the credit to take out a loan?

A friend of mine has a neighbor who is in danger of being foreclosed on due to COVID impacting his business. They are willing to sell me the home, however, I don't have the credit available to purchase it using a conventional loan since I already own my own home. I’m hoping to move into... Read more »

Richard Sternberg
Richard Sternberg
answered on Aug 28, 2020

You really, really need a lawyer to review your plan. First, your agreement with the neighbor has no binding effect on the mortgage lender. They aren't going to stop foreclosing because you plan to start a lengthy process of acquisition. Indeed, if you try to record any form of sale, there is... Read more »

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3 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: In a bankruptcy, either 7 or 13, could I lose an investment property (single family home)?

A business partner of mine is considering filing for bankruptcy either 7 or 13. Me and him purchased a property together to rent as an income property. He's the only one on the mortgage. He's on the title and I'm on the title (via my business name). Am I at risk for losing the... Read more »

Richard Sternberg
Richard Sternberg
answered on Aug 3, 2020

You would be wise to consult your own bankruptcy counsel, not to prepare your bankruptcy, but to plan options. You might want to buy him out in one way or another, and it might be better to do that from within his bankruptcy. It is an interesting problem, but, to answer your question, yes, you are... Read more »

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2 Answers | Asked in Bankruptcy and Foreclosure for Maryland on
Q: I want to try to keep my house from foreclosure, I am coming out of a Chapter 7 bankruptcy case in August 3.

What can I do to keep the house? Do you think the mortgage company will work with me & my wife to help us stay in the house?

Diana Valle
Diana Valle
answered on Jul 15, 2020

You should be able to keep the home with certain conditions if you file a chapter 13. I suggest you speak with a bankruptcy attorney to properly advise you in your unique situation.

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2 Answers | Asked in Bankruptcy and Immigration Law for Maryland on
Q: We are residing in the US on H1-B visa, And company is about to declare bankruptcy.

We’ve been residing in the US for the past 5 years, and now unexpectedly the company, most likely will declare chapter 7 bankruptcy. Can we still file for immigration?

Timothy Denison
Timothy Denison
answered on Jun 17, 2020

Yes.

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2 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Q: Debt collector contact me for an old debt claiming that he is the owner of the debt and can't sue due the time that pass

I received a letter from a collection agency claiming that they are the owner of an old debt and due to the time that passed they can't sue for the balance of $18K but would like to settle for $3.8K.

What should I do?

Timothy Denison
Timothy Denison
answered on May 25, 2020

Talk to a lawyer. If the time for filing (statute of limitations) has passed, they can’t collect from you at all. Don’t do anything until you talk to a lawyer.

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4 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: How can you do a deed in lieu of Foreclosure if your home was included in a ch.7 bankruptcy?

The ch.7 was discharged two years ago and wasnt reaffirmed. I want to do a deed in lieu of foreclosure to get the lien out of my name. Will the deed in lieu be on my credit report if the house was included in the ch. 7, discharged two years ago and never reaffirmed?

Mark Oakley
Mark Oakley
answered on May 21, 2020

If you discharged the mortgage obligation in a Chapter 7, you are no longer personally liable on the debt; however, the lien of the mortgage remains on the property. You do not have to do anything in this scenario. Many debtors discharge their personal liability on a mortgage load but continue to... Read more »

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3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Maryland on
Q: Is bankruptcy a defense to a breach of contract claim under Maryland law?

Even if they have a clause in the contract that says otherwise?

Timothy Denison
Timothy Denison
answered on May 11, 2020

Yes. Under federal law as well.

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1 Answer | Asked in Bankruptcy for Maryland on
Q: I am about to file chapter 7 and am currently getting garnished. What do I need to file in order to get the money back
Timothy Denison
Timothy Denison
answered on Feb 5, 2020

You need to file the chapter 7 ASAP to stop the farm. You can only recover monies taken AFTER the filing. Those taken before filing are lost.

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