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Questions Answered by Robert R Weed
2 Answers | Asked in Bankruptcy for Virginia on
Q: I have a car I'm paying for and my father is a Cosigner can I keep the car and keep paying for it chapter 7

Can I keep the car and keep making payments on it during chapter 7

Robert R Weed
Robert R Weed answered on Jul 15, 2020

Almost always, yes.

If the car was say a 2018 Bentley and you only owed two more payments--with something like that the bankruptcy trustee would sell your car. But if you owe about what it's worth, the trustee isn't interested.

Now if your car is financed by Ford...
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4 Answers | Asked in Bankruptcy and Banking for Virginia on
Q: Can Chase repo vehicle if credit card defaults, and car loan is paid each month?

I live in VA and have a Chase credit card and a Chase vehicle loan. If I default on my credit card, but remain up to date with my vehicle loan, can they repo the vehicle?

Robert R Weed
Robert R Weed answered on Jun 23, 2020

No, they can't.

Credit Unions are allowed to repo the car if you don't pay your credit cards. But banks can't.

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2 Answers | Asked in Bankruptcy for Virginia on
Q: which one is a better option for applying for new job? Declaring bankruptcy or getting debts settled?

I have a total 40K debt. I have 10K car loan left which I have never missed a payment. But I am no longer able to pay my credit cards after losing my job which is 30K and they are all charged off. I am about to finish a course and try to land on software engineering job. But I do have concerns.... Read more »

Robert R Weed
Robert R Weed answered on Feb 14, 2020

Mr Dennison points out something important. What's best for you if you own real estate can be very tricky. You really need to talk to a lawyer right away in that case.

You can read some things I've written about Freedom Debt Relief, here....
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1 Answer | Asked in Consumer Law and Small Claims for Virginia on
Q: Can we file a lawsuit against Ashley furniture for false advertising and misinformation?

We purchased bedroom and dining room furniture from Ashley furniture about a year ago. The furniture's cost us about $8000 plus insurance coverage of $600. In about a year, the coating of the furniture has been peeling off, the chairs legs are lose and the joints are broken. We reached out to... Read more »

Robert R Weed
Robert R Weed answered on Dec 3, 2019

Virginia has some of the weakest consumer protection laws in the country.

One place to look for a lawyer who could be able to take it on is National Association of Consumer Advocates. https://www.consumeradvocates.org/find-an-attorney

2 Answers | Asked in Bankruptcy for Virginia on
Q: Trying to find a lawyer, for bankruptcy, scammer ran up credit cards to about $70.000, only income is my SS of $1100,

I need a lawyer that can help me, I am a widow living on Social Security, and scammer /fiancee, ran credit cards 4 of them up to $70,000, he would pay the cards off, get credit again, and month later, credit card companies would send out a rejected payment because of closed accounts,

He... Read more »

Robert R Weed
Robert R Weed answered on Sep 23, 2019

Sadly, we see that scam a lot. Where in Virginia are you located. If you are in Northern Virginia I'd be glad to help.

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3 Answers | Asked in Bankruptcy and Probate for Virginia on
Q: Our mother died recently and some of her estate is in probate and they asked us if any of us have declared bankruptcy.

Bankruptcy Record

Filed for Bankruptcy in Il: Reorganization (#1203036) Jan. 30, 2012

Bankruptcy Record

Filed for Bankruptcy in Ny: Liquidation (#0368257) Dec. 8, 2003

How do we find out if there are still creditors looking for payment? We are just interested, I... Read more »

Robert R Weed
Robert R Weed answered on Aug 10, 2019

If you declared bankruptcy within 180 days! of your mother's death, you would probably have to notify the bankrutpcy court.

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1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: Going back to April 2009 a judgement was put against me for a credit card in General District Court. Had some problems.

Received a garnishment summons today through my employer for a court date in October 2019 in Circuit Court. What are my rights in regards to Statatue of Limitations in the State of Virginia? Do I just show up for the court date and explain to the Judge this is time barred and the case should be... Read more »

Robert R Weed
Robert R Weed answered on Jul 9, 2019

It's not time barred. Once they have a judgment against you they can garnish for ten years; AND they can extend it for another ten.

If you have a judgment you need to either pay, or file bankruptcy. Only very rarely do they just go away.

5 Answers | Asked in Bankruptcy for Virginia on
Q: I've been called by a debt collector for an amt. that was charged off in my bankruptcy; may I give them the case #?

They've been harassing my entire family for info; even contacting my ex sister-n-law.

Robert R Weed
Robert R Weed answered on Jul 9, 2019

After you give them your BK case number, do a little research. It sounds to me like this is an underground debt collector. Sometimes the Federal Trade Commission goes after them, if they get enough complaints. So you may be able to get them prosecuted.

IF they seem to be a legit outfit,...
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3 Answers | Asked in Bankruptcy for Virginia on
Q: Can I file bankruptcy and add an agreement that I had with my previous employer on a loan
Robert R Weed
Robert R Weed answered on Jul 3, 2019

A loan from an employer is like any other loan. You can clear it in bankruptcy, unless there was some fraud involved, or if you used it to pay your taxes.

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2 Answers | Asked in Bankruptcy for Virginia on
Q: I am interested in filing chapter 7 bankruptcy. Can you still keep your home and car?
Robert R Weed
Robert R Weed answered on May 29, 2019

It depends.

I begin to answer that question, here. https://robertweed.com/file-chapter-7-bankruptcy-in-virginia/

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3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Virginia on
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

Robert R Weed
Robert R Weed answered on May 24, 2019

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... Read more »

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3 Answers | Asked in Bankruptcy for Virginia on
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.

Robert R Weed
Robert R Weed answered on May 23, 2019

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...
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2 Answers | Asked in Bankruptcy for Virginia on
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?

Robert R Weed
Robert R Weed answered on May 2, 2019

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?

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2 Answers | Asked in Bankruptcy for Virginia on
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

Robert R Weed
Robert R Weed answered on Apr 23, 2019

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.

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3 Answers | Asked in Bankruptcy for Virginia on
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.

Robert R Weed
Robert R Weed answered on Dec 17, 2018

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.

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3 Answers | Asked in Bankruptcy for Virginia on
Q: If I've been sent a foreclosure notice, can I file and stay in the house?
Robert R Weed
Robert R Weed answered on Nov 17, 2018

At least for a few months. More depending on the details of your situation and how your bankrutpcy is set up.

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3 Answers | Asked in Bankruptcy and Car Accidents for Virginia on
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.

Robert R Weed
Robert R Weed answered on Oct 10, 2018

Yes, as long as you weren't charged with DWI.

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1 Answer | Asked in Consumer Law for Virginia on
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 »

Robert R Weed
Robert R Weed answered on Jul 22, 2018

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.

3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
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.

Robert R Weed
Robert R Weed answered on Jul 6, 2018

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.

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1 Answer | Asked in Consumer Law for Virginia on
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.
Robert R Weed
Robert R Weed answered on Jun 23, 2018

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.

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