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... View More 
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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
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.
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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
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... View More
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.
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.
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... View More
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... View More
in a suspense accounts because the company think it is part of the bankruptcy
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... View More
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... View More
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?
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... View More
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.
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... View More
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
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... View More
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... View More
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... View More
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