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Steinlaw
Steinlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 1811
Experience:  I have represented individuals accused of crimes.
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In 2007 I filed bankrupty surrending a rental property. The

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In 2007 I filed bankrupty surrending a rental property. The bank has not taken out of my name and now I have to go to court for violations. I don't have the money to fix it or pay the fines in court. I also don't know what to plead in court. What should I do?
Did you have any attorney file your bankruptcy?
Do you have a copy of the discharge?
Customer: replied 7 years ago.
Yes, I had an attorney file the bankruptcy. Yes I have a copy of the discharge. The paper work reads surrender and the full amt of the bankruptcy was discharged.
Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, due to site reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

Take the bankruptcy petition and the discharge to court. Show to the judge the papers. That is your defense. You are no longer the legal owner, even if title has not changed.

Then go back to your bankruptcy attorney. Ask the attorney to file an adversary proceeding against the bank for any costs you have incurred as a result of the bank's inaction.


Good luck.




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Customer: replied 7 years ago.
Thank you, XXXXX XXXXX do that. Now, do I plead no contest or not guilty? What if the firm does not want to assit any longer due to filing in 2007? Are they obligated to assist?
Enter a plea of no contest.

The prior firm is not obligated to help you. I would if I were them since I see a chance of getting attorneys fees paid by the other side, but they are not required to do it!
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Customer: replied 7 years ago.
Thank you so much!!
Good luck. Please let me know the outcome.
Customer: replied 7 years ago.

Good morning,

 

Here is an update on what has happened. I still havent found anyone to help me with this case. I called the mtg company and they stated that they are not going to foreclose on the property. They are waiting on the city to forclose.

 

I go back to court on the first. Any suggestions? Thanks.

For the court proceeding, stick with the plan. Enter a plea of no contest. Show the DA the papers from the bankruptcy. They should dismiss the case.

For the civil end of it, I would keep looking. Go to www.avvo.com and you should be able to find an attorney willing to take this case. I think you have a very strong case. You just need to find an attorney not scared of taking on the banks!

I would also now call your local representative in state government. Ask them to intervene with the bank on your behalf. This is a travesty.
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