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Questions Answered by Robert R Weed
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
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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
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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... View More

Robert R Weed
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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
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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
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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.

1 Answer | Asked in Consumer Law and Collections for Virginia on
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.... View More

Robert R Weed
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Robert R Weed
answered on Jun 1, 2018

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.

3 Answers | Asked in Bankruptcy for Virginia on
Q: Can I go bankrupt if I am married

I don't have joint anything

Robert R Weed
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Robert R Weed
answered on May 28, 2018

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.)

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1 Answer | Asked in Contracts and Consumer Law for Virginia on
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... View More

Robert R Weed
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Robert R Weed
answered on Apr 26, 2018

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!

2 Answers | Asked in Bankruptcy and Collections for Virginia on
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.

Robert R Weed
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Robert R Weed
answered on Apr 21, 2018

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...
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1 Answer | Asked in Collections and Bankruptcy for Virginia on
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.

Robert R Weed
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Robert R Weed
answered on Apr 20, 2018

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?

1 Answer | Asked in Bankruptcy for Virginia on
Q: What types of property are exempt after filing for bankruptcy in Virginia?
Robert R Weed
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Robert R Weed
answered on Apr 15, 2018

Take a look at Code of Virginia 34-26. And 34-4.

1 Answer | Asked in Consumer Law for Virginia on
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?

Robert R Weed
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Robert R Weed
answered on Mar 25, 2018

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...
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1 Answer | Asked in Bankruptcy and Landlord - Tenant for Virginia on
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?

Robert R Weed
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Robert R Weed
answered on Mar 21, 2018

Bad news. If one party to the lease files bankrutpcy, the other will still be liable to the landlord for the whole amount.

1 Answer | Asked in Bankruptcy for Virginia on
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... View More

Robert R Weed
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Robert R Weed
answered on Mar 15, 2018

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...
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1 Answer | Asked in Bankruptcy for Virginia on
Q: Due to my wife losing her job and having medical issues we are going to file Chapter 7 in Virginia

Due to my wife Having major medical issues and losing her job we are filing chapter 7 in Virginia can we keep our Timeshare based on pointsThrough Windham thanks we pay maintenance fees we owe no money

Robert R Weed
PREMIUM
Robert R Weed
answered on Mar 7, 2018

I've never seen the bankruptcy court try to take and sell those timeshare.

1 Answer | Asked in Bankruptcy for Virginia on
Q: Will Bankruptcy court take 401K and Money Markets?

Currently in Chap 13 lost jobs want to convert to Chapter 7 will court take 401K and Money Market accounts to pay creditors?

Robert R Weed
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Robert R Weed
answered on Mar 5, 2018

What does your lawyer say? They cannot touch the 401k. Depends on how much you have in the money markets and what else you have anywhere.

2 Answers | Asked in Bankruptcy for Virginia on
Q: We have Chap 13 in SC now live in VA and I lost my job can we convert to Chap 7 here in VA?
Robert R Weed
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Robert R Weed
answered on Mar 5, 2018

You can convert to Chapter 7, but you would still be under the court in SC. To be under the court in Virginia, you'd need to dismiss the SC case and start a new one here.

Either way, a lawyer needs to look at your SC Chapter 13, figure out why you were in Chapter 13 to begin with, and...
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1 Answer | Asked in Bankruptcy, Consumer Law and Divorce for Virginia on
Q: I live in Alexandria Virginia but I need to file bankruptcy to save my home in Louisiana. I need help very badly

All of our belongings are in there and sell date is late March

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

OK Bankruptcy filed where you live covers all the property you have anywhere in America, so you need to talk to a bankrutpcy lawyer in Northern Virginia.

1 Answer | Asked in Consumer Law for Virginia on
Q: Hi, we have fallen 78 behind on our second mortgage. Want to make full del. Payment, but lender will not accept paymen

Payment. They have locked all of our accounts so that the only way to pay is through a collection manager. She has nor returned my calls. We have not received a demand letter or notice of default.

Robert R Weed
PREMIUM
Robert R Weed
answered on Feb 17, 2018

What happens if you just mail in the payment!

2 Answers | Asked in Bankruptcy for Virginia on
Q: My bankruptcy will be final on the 26 of Feb. my car will be taken so I need to purchase another cheaper.

CAN THEY TAKE THE ONE I PURCHASE ALSO?

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

Like Stuart, I'd prefer you wait until your BK is final. That's only next week. But you can pick one out now.

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