Practice was taken over by Tom Godfrey.
Mr. Bernacchi went to Florida to escape Indiana winter, and will not be returning the practice of law. He informed us that he intends to sue Indiana for violating his constitutional rights. Doug was a fine lawyer and his client knew that, too. He did exceptional work for 27 years without reward or recognition he deserved.
- Free Consultation
telephone consults 219-221-2151 or 574-210-4655
- Does Not Currently Practice Law
- Credit Cards Accepted
cash and debit cards
- Contingent Fees
No fee unless recovery in personal injury and car accident cases.
- Rates, Retainers and Additional Information
$225 for non-bankruptcy legal work.
- English: Spoken, Written
- None scheduled
- Bankruptcy link
- Q. Can I stop paying on 2 court judgments (repos) three months before I file chapter 7?
- A: This is not a fair question. Can you? May you? Should you? Or are you asking if you will or could be garnished in the next 3 months? I must assume you are not eligible to file now? Can anyone predict the future? Sorry, not something anyone can really answer. So, just file sooner rather than later if you want to stop paying and are eligible to file.
- Q. i take care of my disable mother we have a personal loan together with our car as collateral we also have other
- A: There are ways for sure. Most debtor's who file bankruptcy don't loose their car. Without a more information no one can give you reliable legal advice here. I would say call and we figure out, if you pay and drive through keeping the car, reaffirm the auto loan, or redeem it for fair market value. Remember Chapter 13 is a great tool to keep certain cars or even get them back if taken by a lender. I assure you the car and transportation issues are not bankruptcy questions but the things everyone deals with. My question is the car a good car, well maintained, what year, who many miles, when purchased, how far you drive it daily? There a so many factors that I consider before counseling a client. But you are the boss and if your goal is to keep the car then we will find a way to keep it. Doug Bernacchi
- Q. How long do I have to get out of my home after I file bankruptcy and give the state my home.
- A: Until you get evicted...that is the simple answer.
- Q. As a creditor, can I file a reaffirmation if we (the creditor) have a lien hold or default judgement from the court?
- A: Yes, they are voluntary contact the debtor's counsel at once. You know the best time to call is in the am, but you can check pacer reports to see if the lawyer has court hearings. Hint call them when they aren't in court. Email address of debtor's counsel is a great way and also ask them if they will communicate with you by text. Most will today with the hope to save time.
- Q. One of my neighbors passed away and did not leave a will. She claimed chapter 13, and the house is part of it.
- A: This often works. I think she did the right thing if she has regular income and afford the plan payments. If not she could only be using the file to obtain cheap rent and delay the inevitable, which could have real economic value in the short run, but not address her long term need for affordable housing. I really don't like these case for widows, but find them easier for heirs who often are younger and make money or have rising incomes to keep a home they otherwise could not get financing to purchase.
- Q. My brother has ALS. Combined disability and Medicaid will cover the cost of his nursing home with nothing left over.
- A: He does not like need to file bankruptcy but a debtor's attorney may be able to help learn how by call me 219-879-2889. Persons in this position will not need to pay very much to get a lot of help!
- Q. My husband and I bought a house with my mother. On all the paper work her name is first but it states we are equal owner
- A: I agree with the answer above or below, but I had this phone call recently and "the home" was 1978 park model with lot rent. The value of the home is all that matters and whether it is financed or has liens. Always use a lawyer with years of experience when you have something to lose. Google Bankruptcy Lawyer Michiana best choice or go www.dougbernacchi.com
- Q. My wife & I filed # 7. If I have Power of Attorney for her, does she have to appear at Debters meeting ?
- A: You if pro se or your lawyer should ask your trustee. The Northern District of Indiana South Bend Division will allow it if the POA document provides for bankruptcy and/or fiduciary powers. It needs to be specific. If a spouse cannot appear and the POA is not adequate, sometimes Interrogatories in lieu of personal appearance will suffice. Most lawyers will charge $250.00 to prepare interrogatories, and some Trustee require a medical or job out-of-state before allowing this option. Indiana, Call 800-334-2889 to hire a lawyer if pro se or thinking of filing a new case.