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Questions Answered by Kevin M Ryan
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... 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... 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... 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... 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... 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... 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... Read more »

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1 Answer | Asked in Bankruptcy for Alabama on
Q: My attorney filed a motion to extend the reaffirmation agreement deadline for my bankruptcy case what will happen next
Kevin M Ryan
Kevin M Ryan answered on Jan 6, 2018

You get an autoamatic extension of 30 days under the Fed Rules of Bankruptcy Procedure to get the reaffirmation agreement filed

2 Answers | Asked in Bankruptcy for Alabama on
Q: I am filing BK. Gifted a truck w/$500 BBV to friend 7 mths ago. Now they don't need it. Advise they gift it back to me?
Kevin M Ryan
Kevin M Ryan answered on Jan 6, 2018

Depends on how much the truck was worth when you transferred it, and what bankruptcy exemptions are avaialble.

I strongly suggest sitting down with a bankruptcy attorney to get this transfer mapped out on paper, and then determine what is best to do. It is not a fatal move that you did...
Read more »

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2 Answers | Asked in Bankruptcy for Alabama on
Q: Can I get a new credit card while I am awaiting Ch 7 discharge?

I filed CH 7 bankruptcy in August and I am waiting on discharge. Unfortunately, my new job requires that I rent a car twice in the next two months, which is significantly more expensive with a debit card (For a rental that costs $125, they also require a $343 deposit and although the $343 will be... Read more »

Kevin M Ryan
Kevin M Ryan answered on Oct 22, 2017

If you are currently in a Chapter 7 bankruptcy case, getting a credit card after the filing of your case, but before it is discharged may simply be a matter of going to a credit card clearinghouse website such as www.creditcard.com. You would most like not have a lot of luck finding a credit card... Read more »

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1 Answer | Asked in Bankruptcy for Alabama on
Q: Should I get an affirmation of my new 2017 hyundai elantra loan

I'm in the process of filing a ch 7. Should I include my automobile?

Kevin M Ryan
Kevin M Ryan answered on Aug 14, 2017

The automobile must be listed on Schedule A/B, and then the debt for the automobile ( if any) should be listed on Schedule D. You must make sure to claim any available exemption for vehicle equity ( FMV minus Loan principal balance) on Schedule C. You also must indicate on the Statement of... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: I'm on SSI and in chapter13, what would happen if I stop paying.
Kevin M Ryan
Kevin M Ryan answered on Jul 5, 2017

The case will be dismissed if you stop funding your ch 13 Plan.

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1 Answer | Asked in Bankruptcy for Alabama on
Q: I don't own anything, I rent my home and make a monthly panhment on my car and don't expect an inheritance.

What's a means test?

Kevin M Ryan
Kevin M Ryan answered on Jun 13, 2017

A Means Test is a schedule that has to be completed in consumer bankruptcy cases which provides a determination as to whether the individual is eligible to file a Chapter 7 case. In Chapter 13 cases the Means Test is relevant to the determination as to how much the Debtor has to pay general... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: Exact dates of ch 7

The chapter 7 was filed December 2009 resolved 2009 and the status says discharged and will remain on record until December 2018

Kevin M Ryan
Kevin M Ryan answered on Jun 12, 2017

You would need to wait 8 years from the filing date of the ch 7 in December, 2009 to file another Ch 7. By working with a lawyer now, you should be able to stretch things out till December, then file your ch 7. It would make sense to consult with a lawyer now to

1. Make sure you are...
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