Questions Answered by Robert R Weed
Q: I am interested in filing chapter 7 bankruptcy. Can you still keep your home and car?
It depends.
I begin to answer that question, here. https://robertweed.com/file-chapter-7-bankruptcy-in-virginia/
Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance
The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed
Most likely they will have evidence they sent you the notice, even if you say you didn't get it. There's no guarantee a judge will believe you. If this is your most serious debt problem fighting may help you. If you have lots of other debts, too, maybe it's time to repair your credit by filing... Read more »
Q: Can a creditor come for you and garnish wages from 10+ years ago that hasnt shown on crefit report for some time?
No notification was received however recently received court summons of garnishment with date of Sept and garnishment was started last week.
Once they get a judgment against you--maybe years ago--they have twenty years to hit you with garnishments. It would fall off your credit report after 7 years, but legally the judgment is still there.
PS The September date on the summons is the STOP date for the garnishment. The start... Read more »
Q: Can i file for banckruptcy while i am in the philippines?
Can i file for banckruptcy ( without losing my house) while i am in the philippines? Or can i authorize my dad to do the process while im out of the country? And will it affect my application of child custody?
After you send the papers to the court, you are required about a month later, to show up in person to answer questions. Usually you can get permission for a call in if you are on assignment for the US Government; other approval is tough.
When are you planning to be back?
Q: If my car loan was never reaffirmed and it shows closed VIA chapter 7 from 2 years ago, can I legally hand over the key
I filed chapter 7 two years ago and found out today it was never reaffirmed
If you are sure you never reaffirmed the car--and haven't refinanced it since--then yes, you can turn over the key, not owe any money and not ding your credit.
Q: I have a judgement from July 2011 and was granted a discharge in December 2011. How do I get the judgement off my file?
The judgement is attached to my credit report. I am trying to figure out how to get it off.
Sorry I don't know if the problem is that the judgment shows on your credit report, or that the judgment is attached to real estate you owned in July 2011 that you still own.
Q: If I've been sent a foreclosure notice, can I file and stay in the house?
At least for a few months. More depending on the details of your situation and how your bankrutpcy is set up.
Q: I hit a parked car while uninsured can the debt I owe for the property damage be included/dismissed if I file chapter 7?
I was charged with a dui but it was dismissed at court.
Yes, as long as you weren't charged with DWI.
Q: I have been issued a warrant of debt from Velocity Investments regarding a 5 yr old debt that was written off
The debt is 5 years old was written off by Lending Club so a bit perplexed as to what to do. Unfortunately my case is appearing on Monday, July 23. I was quoted $1000 fee by another attorney up front which I thought was a bit off given the nature of the case and my research of Velocity’s nature... Read more »
You NEED to show up in court, ask for a trial, ask for a Bill of Particulars and tell the judge your defense is statute of limitations.
That will get you a couple of months to prepare a defense, and if needed line up a lawyer.
Q: My car was repossed
I never received the 10 day notice giving me time to come up with the needed funds to pay. the letter was drafted on 6/29/18 and I received it on 7/6/18 what are my rights please help.
If you never received the 10 day notice letter, then WHAT was drafted on 6/29 and received on 7/6. I'm missing step I need to answer your question.
Q: What is the statute of limitations in Virginia for credit card debt? It is 6/23/2018 and these debts date back to 2011.
Probably five years.
Remember that statute of limitations is an affirmative defense; if you are being sued on a credit card you need to go to court and claim the statute of limitations.
Q: I received a warrant-in-debt and I don't know what to do?
Hello,
To make the story short, my significant other passed away and left me to care for our daughter alone. Anyways, a few years ago I opened a loan in desperation thinking I was able to afford to pay it off but the bi-weekly payments got the best of me and it was either rent or the loan.... Read more »
The reason bankruptcy is in the law is NOT really so donald Trump could keep his casinos. It's so you can clear these debts and get back to good credit and get on with your life. You need to talk to a bankrutpcy lawyer.
Q: Can I go bankrupt if I am married
I don't have joint anything
Yes, you can file bankruptcy without involving your spouse. However you are still required to show income eligibility on a whole family budget. (In states that have a connection with Spanish law, like California, the debts of one are the debts of both, while you are married.)
Q: I signed a contract with a dealership, said they made a mistake and need to resign contract, the time limit expired and
Now I have to have a co-signed or cough up extra 2,200 or else they will take my car. I returned car. I was going to get refunded my downpayment but they want to charge me $900. Technically there’s no contract right? What do I do I had no idea about the time frame or deadline of having to resign... Read more »
This is called a yo-yo sale scam and it's very common.
Lawyers who specialize in car dealer fraud see this a lot.
One place to look for lawyers who do that kind of work is here. https://www.consumeradvocates.org/find-an-attorney. Good luck!
Q: Would filing a homestead deed protect my motorcycle?
I have car fmv at $ 4575 and motorcycle fmv at $ 2310. I am "collection proof" regarding all other assets.
Yes. You are allowed $6000 for motor vehicles, which you can split. $4575 on the car, leaving $1425 for the motor cycle. Then you are right that the Virginia "homestead deed" can cover the rest of the bike.
Since your assets are all exempt, you might consider savings money to file a... Read more »
Q: I am "collection proof" and would like to protect my motorcycle from levy. Would a VA homestead deed do this?
Other assets are covered as exemptions. No home and only receive social security payments.
You are allowed a $6,000 exemption for a Motor Vehicle which would count a street bike. Have you used that up on a car?
Q: What types of property are exempt after filing for bankruptcy in Virginia?
Take a look at Code of Virginia 34-26. And 34-4.
Q: I currently have a garnishment. I missed the first court date due to the creditor had the wrong address.
I owe the money, but can the garnishment be stopped?
If you can PROVE to a judge that the papers for the first court date went to an address that you can PROVE you didn't live at during that time, then the judgment is not valid and they need to start over.
Virginia Judges are not quick to throw out bad judgement. Also the Judge is likley to... Read more »
Q: If two people are on a lease can the total debt resulting from unlawful detainer be relieved by bankruptcy of only one?
The debt was assigned in court by default judgement. Can such a judgement be included or removed in a bankruptcy? Will other tenant be held responsible if entire debt is included with just one party filing bankruptcy?
Bad news. If one party to the lease files bankrutpcy, the other will still be liable to the landlord for the whole amount.
Q: I currently live and work in China, but want to file bankruptcy in the US. How can I start?
I teach English in China and get paid in Chinese Yuan, but I don't have any US tax forms (W-2/W-4) or anything since those are not used here. I've lived in China since September 9, 2017, so it's been more than 180 days since I've lived in the States. I'm going to live in the US over the summer, but... Read more »
You are allowed to file for bankruptcy in your domicile, which is the place you plan to "remain."
It sounds like you have NOT left the US for good, so you have some sort of US domicile.
To put it differently, your if you didn't leave the US permanently, your domicile is the last... Read more »
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