The short answer is "yes." If you were to place the $15,000 in a bank or stock account, it would be included as an asset of bankruptcy. But, paying down your mortgage on your homestead property, you essentially improve your equity in your residence.

You must write letters and to the Credit Reporting Agencies (CRA) and dispute the debt. They are required by law to contact the furnisher of the information and investigate you dispute. If it it not corrected, you can bring an action against the furnisher and the CRA's.

How did they contract you? By phone or letter? You should ask if they have proof of ownership of the debt.

The Fair Debt Collection Practices Act expressly prohibits collectors for contacting debtors at work if the collector knows, or has reason to know, that the employer prohibits such communications. Many employers have policies that prohibit employees from taking or making nonemergency calls for... View More

If there is a payment by the insurance company, that payment should go first to the finance company and then, on a pro rata basis, to the other creditors. I cannot think of a circumstance where you would receive any of these funds.

To obtain a copy of your credit report for all 3 bureaus, go here:

www.annualcreditreport.com

The Fair Debt Collection Practices Act "FDCPA" prohibits debt collectors from contacting debtors at inconvenient or unusual places. Some workplaces, by their nature, are inconvenient places for debtors to take collection calls. If it's inconvenient for you to take calls at your job... View More

Hayt, Hayt & Landau is a debt collection law firm located in Miami. I assume that the letter offers you the opportunity ask for documentation in support of the debt. You should get this documentation.

Without any other information, getting married should not effect your Chapter 7.

Unfortunately, the subpoena is a court order and you must appear, regardless of your feelings.

This situation is covered by the Fair Credit Reporting Act. File a dispute letter with the credit reporting agency. If they don't correct the error, you have the right to sue both the furnisher of the information and the credit reporting agency.

Technically, they can come after him but practically, they probably won't be able to collect anything.

If the debt is an unsecured debt, it will be completely discharged in bankruptcy. Therefore, paying before or after you file on a debt that will be discharged in bankruptcy is a waste of money. Good luck.

As for your options, the only course of action that you have is to sue the LLC on the promissory note. If there are no personal guarantees, your recovery is going to be limited to hopeful collection efforts against the LLC.

There is no "proper way" to settle a judgment. You should negotiate with the debt collector. Tell them about the strong points of your position and the weak points of theirs. Then, make an offer. Let's see if they respond.

If you are being sued for an amount that is in excess of what you owe, then you can sue for violations of state and federal fair debt collection practices.

I am sorry for your current situation. First, I think that you should contact the lawyer on the other side and inform them of the current inability to attend the pretrial conference. However, court staff is overworked and understaffed so I recommend that someone appear to explain you... View More

Unfortunately, there is no a time limit on a debt collector. State laws govern the length of time when you can be sued on a debt, but, a debt collector can still try and collect a debt that has been barred by the statute of limitations.

The mortgage is comprised of two components: a promissory note and a lien on the property called a mortgage. Your bankruptcy filing discharged the note. That entire debt has been eliminated. However, the lender still has a lien on the property.

www.ConsumerRightsOrlando.com

You do not have to include husband's income. You are not receiving the benefits of that income..