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Questions Answered by Kevin M Ryan
1 Answer | Asked in Collections for Alabama on
Q: Is it illegal for a debt collector to come to your house and peep through the blinds in the state of Alabama?
Kevin M Ryan
Kevin M Ryan answered on Aug 8, 2019

The Debt Collector is required to comply with both state and federal law in collecting the debt. They are not allowed to breach the peace, assault or abuse you in any way in their actions to collect the Debt. The critical factor on your end as the Debtor is to collect evidence of these types of... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: Grounds for a creditor to file an Objection to Confirmation of Plan

My ex-husband recently included me in his bankruptcy for my share in our divorce settlement. I was informed by the trustees office that my ex's $170,000 Secured debts would have top priority, then my Priority debts would be paid. I would like to avoid waiting 2/3 years to receive my settlement and... Read more »

Kevin M Ryan
Kevin M Ryan answered on Apr 11, 2019

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,... Read more »

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1 Answer | Asked in Collections for Alabama on
Q: I was served a process of garnishment today for a judgement that is dated 11/12/2008.
Kevin M Ryan
Kevin M Ryan answered on Feb 20, 2019

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

2 Answers | Asked in Bankruptcy for Alabama on
Q: Can I file for bankruptcy and what is the first step?

We just moved to AL from WA State. Our truck, with all of our belongings broke down the day we had to leave. We were told that it could not be repaired by the dealership because the part needed was no longer in production. I could not find a used part anywhere. Eventually we had to leave everything... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 7, 2019

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... Read more »

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1 Answer | Asked in Real Estate Law for Alabama on
Q: is a spouse liable for a mtg she's not on if spouse passes?
Kevin M Ryan
Kevin M Ryan answered on Jan 19, 2019

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... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Foreclosure and Entertainment / Sports for Alabama on
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

Move in asap? If so what paperwork do I need to file. I've noticed a couple different forms that could be filed. I Know to change the locks. I need to know the right way to go about it so I don't get in trouble or go to jail for something I didn't understand.

Kevin M Ryan
Kevin M Ryan answered on Jan 19, 2019

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... Read more »

3 Answers | Asked in Real Estate Law and Bankruptcy for Alabama on
Q: My mother and I purchased property in Alabama with 5 mobile homes on it. How can we protect property if mom files chap7

We are both married and we each have our own mobile home on the 8 acre property and the other 3 mobile homes have family members residing in them and they all pay one towards property tax and insurance and any other expenses that are for the property. Just don’t want all of us to lose our homes... Read more »

Kevin M Ryan
Kevin M Ryan answered on Jan 19, 2019

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,... Read more »

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1 Answer | Asked in Collections for Alabama on
Q: Need to know how to handle a collection agency.

I got a phone call from someone who bought an old debt who says I closed a bank acct with an overdraft. They claim this was from an acct from 2008 but has been on my credit report so I should have taken care of it. They are saying it was from Wells Fargo in Mississippi. Wells Fargo wasn't in... Read more »

Kevin M Ryan
Kevin M Ryan answered on Sep 25, 2018

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

1 Answer | Asked in Foreclosure for Alabama on
Q: Statue of limitations on property left behind after forced eviction from foreclosure. When is it considered abandonment

The neighbors were removed from the home and have left a mess in the yard with property that they did not take. How long do we as neighbors have to look at it before we can clean or bag it all up.

Kevin M Ryan
Kevin M Ryan answered on Aug 16, 2018

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... Read more »

2 Answers | Asked in Bankruptcy and Child Support for Alabama on
Q: Will Alabama drop any interest on child support arrears when Chapter 13 is filed?

My husband and I are considering filing Chapter 13 in order to handle his child support arrears. The child is now over 19. The interest is more than double the actual arrears. Without the interest, we'll be able to pay it off in 60 months; however, when calculating the arrears and interest the... Read more »

Kevin M Ryan
Kevin M Ryan answered on Aug 5, 2018

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... Read more »

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2 Answers | Asked in Bankruptcy for Alabama on
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?
Kevin M Ryan
Kevin M Ryan answered on Aug 1, 2018

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)... Read more »

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3 Answers | Asked in Bankruptcy for Alabama on
Q: How do I find out when I filed bankruptcy last?
Kevin M Ryan
Kevin M Ryan answered on Jun 4, 2018

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.

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3 Answers | Asked in Bankruptcy and Child Support for Alabama on
Q: Can declaring bankruptcy do away with back child support? It is over $50,000.
Kevin M Ryan
Kevin M Ryan answered on May 24, 2018

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.... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for Alabama on
Q: Reverse mortgage left on home that we were left in grandfather's will. They trying to auction property off. Please help

Are we liable for a line of credit loan on a HECM reverse mortgage loan that states NO REPAYMENT in contract. How are they trying to auction said property. Please help

Kevin M Ryan
Kevin M Ryan answered on May 6, 2018

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... Read more »

1 Answer | Asked in Real Estate Law and Foreclosure for Alabama on
Q: What are my foreclosure rights re: owner financed home as owner. Can I reclaim and evict in Alabama

Selling home which I own outright. Need to know in event of default if I have a right to reclaim and evict in Alabama. Selling it at auction would not be an option. Can I hold the title until it's paid off? Doing my homework in advance. Thank you.

Kevin M Ryan
Kevin M Ryan answered on May 6, 2018

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.

1 Answer | Asked in Contracts, Civil Litigation and Collections for Alabama on
Q: What are the legal options in order to force a freelance client to pay me the money that they agree they owe?

I have a freelance client that agrees that she owes me $220. I wrote a set of articles for my client. They were supposed to be paid for within 30 days of submission date (Jan). After I wrote the articles she stopped answering my emails. I kept emailing her in December to get the best email address... Read more »

Kevin M Ryan
Kevin M Ryan answered on May 6, 2018

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...
Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: I filed Chapter 13 and my home was not included. I make direct payment to the company. Should these payments be put i

in a suspense accounts because the company think it is part of the bankruptcy

Kevin M Ryan
Kevin M Ryan answered on May 2, 2018

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... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
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
Kevin M Ryan
Kevin M Ryan answered on Feb 16, 2018

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... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
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

with the income figure from the month before. My attorney says that we do not need to file amended prior to the 341 meeting and we will address it at the meeting. Do you agreee with this assessment?

Kevin M Ryan
Kevin M Ryan answered on Feb 7, 2018

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... Read more »

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2 Answers | Asked in Bankruptcy for Alabama on
Q: I live in Alabama and I was wondering if you can file on a car only and not other things.

We want to keep the house and other things but not the car. We found out that the car is only worth right at 8k but we still owe over 15k. What should we do? We are able to make the house payments but not the car.

Kevin M Ryan
Kevin M Ryan answered on Feb 7, 2018

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... Read more »

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