Questions Answered by Kevin M Ryan

Q: Grounds for a creditor to file an Objection to Confirmation of Plan

2 Answers | Asked in Bankruptcy for Alabama on
Answered on Apr 11, 2019
Kevin M Ryan's answer
If your ex husband owes you a simple property settlement that is clearly not in the nature of "spousal support," then that claim can be discharged in his Chapter 13 Plan depending on his level of assets and income. I strongly recommend consulting with an Attorney who focuses on bankruptcy law, preferably over 15 years, and have them review the ex husband's Plan and your divorce settlement to determine what your rights are. Your ex husband's lawyer is not in any position to help you or...

Q: I was served a process of garnishment today for a judgement that is dated 11/12/2008.

1 Answer | Asked in Collections for Alabama on
Answered on Feb 20, 2019
Kevin M Ryan's answer
Alabama judgments are enforceable for ten years, and can be revived (renewed) before ten years are up, but they can only be enforced for 20 years. After 20 years, Alabama judgments become worthless

Q: Can I file for bankruptcy and what is the first step?

2 Answers | Asked in Bankruptcy for Alabama on
Answered on Feb 7, 2019
Kevin M Ryan's answer
A bankruptcy filing may be the answer. Our office would provide a free consultation as well as a payment plan for legal fees and costs. The filing of the bankruptcy case puts a Stay ( stop) Order on all of your creditors. All calls, legal actions, wage garnishments, bank attachments etc must stop the moment you file the case ( the “automatic stay” order)

If you are in Southern Alabama ( Mobile, Baldwin, Monroe, Washington, Conecuh, Escambia or Choctaw County, we can help....

Q: is a spouse liable for a mtg she's not on if spouse passes?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Jan 19, 2019
Kevin M Ryan's answer
If you are married and your deceased spouse is the only party who signed as the borrower under a debt, including a mortgage, then you as the non-borrower are not personally liable. A secured lender, however, retains its rights which were granted by the deceased spouse pre-death, and can sell the property at foreclosure sale if the mortgage payments fall behind. If the debt is an unsecured debt, an unsecured creditor has only a claim against the estate of the deceased spouse, and only if...

Q: Can you please explain this to me. So if I know where an abandoned house is. Do I need to file paper work and

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Foreclosure and Entertainment / Sports for Alabama on
Answered on Jan 19, 2019
Kevin M Ryan's answer
Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to purchase the property. You should not move forward on this type of transaction without any attorney.

Q: My mother and I purchased property in Alabama with 5 mobile homes on it. How can we protect property if mom files chap7

3 Answers | Asked in Real Estate Law and Bankruptcy for Alabama on
Answered on Jan 19, 2019
Kevin M Ryan's answer
The only way to protect your interest in the property from your mother's creditors or your own is to transfer it to a legal entity such as an LLC or an irrevocable Trust. The transfer to the Trust or LLC is still an asset in a subsequently filed bankruptcy for two (2) years after the transfer, if a Chapter 7 case is filed. In addition, the state's fraudulent transfers statute may extend that time period out for up to as much as four (4) years, and possibly more ( each state can set its own...

Q: Need to know how to handle a collection agency.

1 Answer | Asked in Collections for Alabama on
Answered on Sep 25, 2018
Kevin M Ryan's answer
The Debt is most likely barred by Alabama's statute of limitations . Please see this article

published by Attorney Brent Yarborough : http://www.govcollect.org/files/Alabama_Collection_Law.pdf

Q: Statue of limitations on property left behind after forced eviction from foreclosure. When is it considered abandonment

1 Answer | Asked in Foreclosure for Alabama on
Answered on Aug 16, 2018
Kevin M Ryan's answer
Go to the county revenue commissioner website and look up the owner of the property. The tax record should have a mailing address. You can send a letter to the owner to request that they clean up the property and if they do not act within a reasonable time, contact the Mayor's office in the city where you reside.

Q: Will Alabama drop any interest on child support arrears when Chapter 13 is filed?

2 Answers | Asked in Bankruptcy and Child Support for Alabama on
Answered on Aug 5, 2018
Kevin M Ryan's answer
You can file the Chapter 13 and negotiate with the Child Support agency to either reduce the interest, or at least get them to agree to let you place the interest outside the Plan, due after you get the ch 13 discharge. The latter option (putting interest outside the plan) is usually what happens, so the Debtor can present a feasible plan within the 60 month maximum period the plan can run. If the child support is solely due to the mother ( or guardian or father) of the child, then that...

Q: I am one year into a 4 year stretch for Chapter 13. Is there a way to pay it off early and regain my good credit?

2 Answers | Asked in Bankruptcy for Alabama on
Answered on Aug 1, 2018
Kevin M Ryan's answer
You should contact your Ch 13 Attorney and ask him or her to check the case status. In many cases, especially where the Plan does not provide for 100% payment to general unsecured creditors, "paying off the plan" is not the right option, because (1) it shows additional income / earnings and (2) there may be an aggregate of general unsecured claims that add up to an amount which is higher than you anticipate. Staying the course until the Discharge Order is issued is the best option in this...

Q: How do I find out when I filed bankruptcy last?

3 Answers | Asked in Bankruptcy for Alabama on
Answered on Jun 4, 2018
Kevin M Ryan's answer
This can be checked on the US Court’s PACER Electronic Filing system with your social security number. Feel free to contact my office and we’ll check for you.

Q: Can declaring bankruptcy do away with back child support? It is over $50,000.

3 Answers | Asked in Bankruptcy and Child Support for Alabama on
Answered on May 24, 2018
Kevin M Ryan's answer
Child support is a claim that cannot be discharged in Ch 7 or Chapter 13 bankruptcy, the most common "consumer " bankruptcy cases. In Chapter 13, the claim must be paid in full as a priority debt if the support is owed directly to the other parent or guardian Obligee under the child support order. There is some flexibility in paying child support in a Ch 13 plan when owed to the child support agency itself (such as for reimbursement of medicaid or welfare payments to the other parent). If...

Q: Reverse mortgage left on home that we were left in grandfather's will. They trying to auction property off. Please help

1 Answer | Asked in Foreclosure and Real Estate Law for Alabama on
Answered on May 6, 2018
Kevin M Ryan's answer
The reverse mortgage lender has a security interest, or “lien,” on the real estate. You may be able to file a Ch 13 Bankruptcy case if you have an expectancy legal interest in the property as a legal heir. You would not be personally liable for the reverse mortgage if you simply surrendered any claim to the property and let the foreclosure sale occur ( unless you signed a personal guaranty or co-signed on the reverse mortgage)

Q: What are my foreclosure rights re: owner financed home as owner. Can I reclaim and evict in Alabama

1 Answer | Asked in Real Estate Law and Foreclosure for Alabama on
Answered on May 6, 2018
Kevin M Ryan's answer
To answer the question you would need to disclose if this is an Alabama Contract for Deed or a Vendor Lien Deed, both of which would ( if drafted properly) set out your legal remedies in the event of “default,” which should also be defined in the document.

Q: What are the legal options in order to force a freelance client to pay me the money that they agree they owe?

1 Answer | Asked in Contracts, Civil Litigation and Collections for Alabama on
Answered on May 6, 2018
Kevin M Ryan's answer
The fact summary sets out a “quantum meruit” claim, or “unjust enrichment.”

A written agreement and evidence of breach has a higher chance of success, but her email admission of the claim can be presented in small claims court, where you should file this case. Request all of your losses and costs as damages.

Q: I filed Chapter 13 and my home was not included. I make direct payment to the company. Should these payments be put i

1 Answer | Asked in Bankruptcy for Alabama on
Answered on May 2, 2018
Kevin M Ryan's answer
The lender will typically put your post-bankruptcy loan payments into a suspense account if they have filed Chapter 13 just prior to your making a late mortgage payment for the moth of filing. You or your attorney will need to contact the lender's attorney to decide whether the payment for that month will be part of the lender's arrearage claim ( meaning it would be paid in the Ch 13 Plan), or applied to current payments. The lender must have direction from you or your ch 13 attorney as to...

Q: I had my chapter 13 dismissed and consider chapter 7. I want to keep my home but I am $8000. behind what are my options

1 Answer | Asked in Bankruptcy for Alabama on
Answered on Feb 16, 2018
Kevin M Ryan's answer
The only way you can force the lender to accept current payments on your home loan while at the same time pay the arrears over time is via Chapter 13. You may be able to get the $8,000.00 arrears put onto the back end of the loan via a Loan Modification, but you would need to start the application process asap. Go to www.makinghomeaffordable.gov and call HUD to talk to a housing loan counselor about your options. If your home loan is owned by Fannie Mae, FHA, Freddie Mac, the VA etc,...

Q: I filed for Ch. 7 in the middle of a month. At the beginning of that month, I got a $2000/year raise, but filed

2 Answers | Asked in Bankruptcy for Alabama on
Answered on Feb 7, 2018
Kevin M Ryan's answer
Once you have filed a case with retained legal counsel, it really is not appropriate for another attorney to "second guess" your lawyer since the lawyer should be the person who has spent the most time analyzing your information and becoming familiar with your situation, etc. That being said, in the Southern District of Alabama it is customary in a situation such as the one you describe for the Debtor through counsel to file all the necessary schedule amendments that may arise just after the...

Q: I live in Alabama and I was wondering if you can file on a car only and not other things.

2 Answers | Asked in Bankruptcy for Alabama on
Answered on Feb 7, 2018
Kevin M Ryan's answer
Chapter 13 may ( stress, "may") enable you to "cram down" the vehicle loan, which is in simple terms a process whereby you pay the creditor only the current fair market value of the vehicle, with interest which is usually Prime Rate plus 1 or 2 points, over a time period of between 36 up to 60 months. At the end of a cram down Ch 13 Plan you get the title to the vehicle. The loan must be more than 2.5 years ( or 910 days) old to be eligible for cramdown. If you cannot cram down the vehicle...

Q: My attorney filed a motion to extend the reaffirmation agreement deadline for my bankruptcy case what will happen next

1 Answer | Asked in Bankruptcy for Alabama on
Answered on Jan 6, 2018
Kevin M Ryan's answer
You get an autoamatic extension of 30 days under the Fed Rules of Bankruptcy Procedure to get the reaffirmation agreement filed

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