Bankruptcy in Maine:FAQ'S...

Does a person lose all of his or her property by filing under Chapter 7?
Usually not. Certain property is exempt and cannot be taken by creditors, unless it is encumbered by a valid mortgage or lien. A Debtor is usually allowed to retain his or her unencumbered (or unsecured) exempt property. Depending on the law of the local state, property that is exempt in a Chapter 7 case may be either property that is exempt under state law or property that is exempt under the Bankruptcy Code.

When must a Debtor appear in Court in a Chapter 7 case and what happens there?
Most Debtors do not have to appear in "Court". However, every Debtor must attend a hearing called the "meeting of creditors". This hearing takes place about a month after the case is filed and usually occurs in a relatively informal setting in front of the Chapter 7 Trustee. No Judge will be present. At this hearing, the Debtor is put under oath and questioned about his or her debts and assets by the Trustee. In most Chapter 7 consumer cases no creditors appear in Court; but any creditor that does appear is usually allowed to question the Debtor. If the Bankruptcy Court decides not to grant the Debtor a discharge or if the Debtor wishes to reaffirm a debt and is not represented by an attorney, there will be another hearing about three months later which the Debtor will have to attend.

What happens after the meeting of creditors?
After the meeting of creditors, the Trustee may contact the Debtor regarding the Debtor's property, and the Court may issue certain orders to the Debtor. These orders are sent by mail and may require the Debtor to turn certain property over to the Trustee, or provide the Trustee with certain information. If the Debtor fails to comply, the case may be dismissed and the Debtor may be denied a discharge.

What is a Trustee in a Chapter 7 case, and what does he or she do?
The Trustee is an Officer of the Court, appointed to review the Bankruptcy Petition, question the Debtor, collect the Debtor's nonexempt property, and pay the expenses of the estate and the claims of creditors. In addition, the Trustee has certain administrative duties in a Chapter 7 case and is the officer in charge of seeing to it that the Debtor performs the required duties in the case. A Trustee is appointed in a Chapter 7 case, even if the Debtor has no nonexempt property.

What are the Debtor's responsibilities to the Trustee?
The law requires the Debtor to cooperate with the Trustee in the administration of a Chapter 7 case, including the collection by the Trustee of the Debtor's nonexempt property. If the Debtor does not cooperate with the Trustee, the Chapter 7 case may be dismissed and the Debtor may be denied a discharge.

What happens to the property that the Debtor turns over to the Trustee?
It is usually converted to cash, which is used to pay the fees and expenses of the Trustee and to pay the claims of unsecured creditors. The Trustee's fee is usually $45.00 plus a percentage of the amount collected from the Debtor.

What if the Debtor has no nonexempt property for the Trustee to collect?
If, from the Debtor's Chapter 7 forms, it appears that the Debtor has no nonexempt property, a notice will be sent to the creditors advising them that there appear to be no assets from which to pay creditors, that it is unnecessary for them to file claims, and that if assets are later discovered they will then be given an opportunity to file claims. This type of case is referred to as a no-asset case. The vast majority of all Chapter 7 cases that are filled are no-asset cases.

We are here to answer your questions, give us a call to learn how you can take control of your situation.
Neil S. Shankman, Attorney, Brunswick, Maine

Wanna Buy An Expensive Lawsuit?

Let us start with some basics. Like most relationships, a tenancy is far easier to begin than it is to end. Therefore, your goal as a landlord or property manager, is to take all reasonable steps to minimize problems down the road. The basics are simple. Always use a lease. Pre-screen all applicants. Monitor tenant compliance with the lease. Be responsive to legitimate tenant concerns. Terminate any tenancy quickly and efficiently if things are not working out.
The focus of this missive is on preventative medicine. The key is to screen out high risk tenants without exposing yourself to a claim of discriminatory behavior at some point in the future.

All prospective tenants must be treated in the same manner. They must be asked the same questions and they must be judged by the same standards. The first step in the process is usually going to be a determination whether the individual can afford to pay the rent.
You are permitted to request information regarding the applicant and any co-applicant as to his or her current employer, address, telephone number and length of time employed. You may ask for the supervisor’s name and how to reach this person. You may ask about gross income and net income. You also have the right to request banking references (where do they bank, their account number and the type of account in question). As a landlord, you have the right to have them provide you a credit report.
These can be requested by the tenant sending a letter to:Annual Credit Report Request Service, P.O. Box 105382, Atlanta, GA
30348-5281.

You have the right to inquire about criminal history of all prospective tenants. While you may not simply ask whether someone has ever been arrested for a crime, you have the right to ask whether the applicant or any household members have ever been convicted of a criminal offense, and if yes, the details. You can obtain a criminal history report from the State of Maine at the State Bureau of Identification or you can phone them at 207-624-7240.
Another crucial site to check is the Maine Sex Offender Registry. One of the common reasons given by landlords and property managers for not seeking credit reports or conducting criminal background checks is the cost. While we acknowledge this can be a significant drain on a budget, it is important to keep in mind that you do not need to do this on each and every applicant. You may require the prospective tenants to provide this information initially, make a determination regarding overall financial ability
and suitability and then incur the expense for credit checks and criminal background checks only on those applicants who are otherwise qualified for the tenancy.

Between State and Federal law, there are literally dozens of questions that you cannot ask. For example, while you may ask an applicant whether he or she is a U.S. Citizen and whether they are legally eligible to remain permanently in the United States, you may not ask anything about their nationality, lineage, ancestry, descent, or the birthplace of either the applicant or his or her relatives. You may not ask about their native or primary language, or how they learned to read and write. You may not ask how long they have lived in the United States. Questions regarding religious denomination, affiliation, place of worship, religious leaders, or the religious holidays they observe are not permitted. You may not ask someone about their arrest record, although as indicated earlier, questions regarding criminal convictions are permitted. Maine law prohibits any inquiry as to whether an applicant is pregnant, has children, or plans to have children. However, you may ask an applicant how many individuals will be residing in the unit dwelling. You may not ask someone their maiden name (other than for credit check purposes) or their marital status. You may not inquire as to the sex, sexual orientation, gender identity or gender expressions of an applicant. You may not, under any circumstances, request a photograph with the application. However, you may ask to see the driver’s license or state identification for any potential occupants. You have the right to request the names of all individuals who will be residing in the household. You may inquire about someone’s smoking or non-smoking. You may ask an applicant how he or she intends to pay the rent.
Last, but not least, you have the right to confirm the current address of the prospective tenant, determine the name, address and telephone number of the current landlord, and may inquire of him or her. If you determine that the duration of the relationship between your prospective tenant and his or her former landlord is not long enough to satisfy you, you have the right to inquire as to the prior landlord.


Finally, I have consistently urged my clients to include the following “Authorization” at the end of each application (just above the signature line): “The undersigned hereby represents that all of the above statements are true and complete and hereby authorizes verification by the landlord. Failure to answer any of the above inquiries entitles the landlord to reject this application. False information given above entitles the landlord to (1) reject this application
and/or (2) terminate tenant’s right to occupancy if the false information is discovered after the tenant takes occupancy.”
Neil S. Shankman,
Attorney, Lewiston, Maine

Divorce, What You Need To Know...

Divorce is tough. It is hard for everyone involved. We know that coming to the "Divorce Decision" is not easy. We try to take the guess work out of it, informing you every step of the way by working hard at being your advocate and counsel for what is fair.
FAQ's:
What issues will be addressed in a Divorce?
In addition to determining whether the husband and wife will be granted a divorce, Maine divorce courts have broad powers to resolve all other issues related to the divorce. Other issues often include
(1) the determination of future parental rights and responsibilities (including child support and visitation) if there are children of the marriage under the age of eighteen;
(2) the award of temporary or permanent alimony;
(3) the division of marital property belonging to the parties and the setting aside of non-marital property;
(4) determining responsibility for the payment of marital debts;
(5) permitting a wife to resume her former name;
(6) the determination of the responsibility for paying the attorney’s fees and court costs incurred as a result of the divorce. The property and financial issues which may arise during a divorce are virtually unlimited.

What should I expect from my Shankman & Associates Attorney?
Your attorney will make every effort to keep you informed of the status of your case and we encourage you to call us or schedule an appointment to meet with your attorney whenever you have questions or concerns. Remember that telephone calls are usually easier (and cheaper) than office appointments. If your attorney is not able to take your phone call immediately, he or she will return your call as soon as possible. Please keep in mind, however, that you will be billed for all telephone and office conferences. You may find it easier sometimes to call your lawyer’s secretary or Paralegal and thus avoid a charge for receiving routine information, clarifications or updates. You will receive copies of all of the Court documents which we prepare or which we receive related to your case. We will expect you to advise us whenever you have a change of address or telephone number for your home or place of employment, or if you plan to be out of the area for any length of time.

It is our objective to handle your case as diligently as possible, keep you fully advised of the status of the case and obtain a fair and just result for you.

FMI log onto www.shankmanlegal.com

Neil S. Shankman, Attorney... Lewiston, Maine

Bankruptcy in Maine...

Bankruptcy. Sometimes it can be circumstance, a bad economy,
the loss of a job, or many other factors that can lead to the final decision of having to file.
Although it is not as easy as it once was to file for Bankruptcy it is now not only a possibility but a real option. Going bankrupt can be a tough decision. However if you do not have enough money to pay your outstanding debts are in foreclosure and in danger of losing your home it becomes a choice that is not so hard to make. Over the years many famous people have declared bankruptcy. Donald Trump, Francis Ford Coppolla, Walt Disney, Larry King and Mark Twain just to name a few. Most rebounded after seeking Bankruptcy protection.

At Shankman & Associates, we are Maine Bankruptcy attorneys. We will guide you through your options, and help you divorce image to make a decision that helps you. Bankruptcy is an option. Stop repossessions, wage garnishment, lawsuits and foreclosure. In our economy today, you are not alone. Keep your home, your car and your wages. A fresh start is possible. We can help you to take control of your financial future.

Feel free to log onto our website for more info or you can call our office and book an appointment today. 207 786 0311
Neil S. Shankman, Lawyer... Brunswick, Maine