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Questions Answered by Rafael Gil III
1 Answer | Asked in Divorce, Bankruptcy and Consumer Law for Alabama on
Q: What can I do?Ex-husband filed 5 yr. bankruptcy I am still on the deed. divorced 20 yrs.ago.Judge gave him debt of home

The divorce decree 20 yrs. ago, said He was awarded the home,and that I was released from all and any indebtedness due on the home. Now it has ruined my current credit, showing on my credit a 4 month late on mortgage, that I do not have. I did not know about the filing of bankruptcy that he... Read more »

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

The question is a little confusing. Did your husband file for bankruptcy and discharge the home? If he didn't then the bankruptcy by itself is not hurting your credit rather his late/no payments is! Is he in a chapter 13 or chapter 7 bankruptcy? Regardless, this is a common problem with... Read more »

1 Answer | Asked in Bankruptcy and Tax Law for Alabama on
Q: If I file for bankruptcy in alabama am I still libel for taxes if I did not specifically dissolve the S-Corp

I filed bankruptcy in 2010 and the Morgan County court placed the business in Bankruptcy in 2011. I thought I had it worked out but went ahead and filed dissolution a couple of months ago. Now the state has notified me that I am libel for 2012, 2013, 2014, 2015 and 2016. I don't have the... Read more »

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

If the S-corp filed for chapter 7 bankruptcy back in 2011. It, in essence, dissolves the company. I would contact the State of Alabama Dept of Revenue and provide them with paperwork that shows that the corporation filed for bankruptcy prior to those years and that it did not conduct any business... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: Q: I have a discharged chapter 7 bankruptcy from several years ago. I have a dismissed chapter 13 from about 3 years ago

Currently I have been out of work with health problems and wanted to know if I were able to file another chapter 7 for medical and credit card debt? Thank you

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

you can file a chapter 7 every 8 years. You can file a chapter 13 bankruptcy right now and get a discharge of your debts as long as it has been over 4 years since you have filed your 7.

1 Answer | Asked in Bankruptcy for Alabama on
Q: why would medical bills, less than 5 years old disappear on your credit report. From 70,000 to 35,000 in 6 months

several months ago I obtained my 3 credit reports and had 70-90000 in medical debt. All of these are less than 5 years old so they would not have expired that way. On my credit report today, I only was reported as having 35,000 in medical debt. The largest bills were not indicated on the report. I... Read more »

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

Not really sure how the accounting of a medical provider works. As you know insurance can pay for some things, the hospital can write some other things off. When you file chapter 7 bankruptcy, just list the medical providers that you used in the past to make sure. Good things about chapter 7... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Probate for Alabama on
Q: I get dead husbands small pension is it free of garnishment from my dr. bills. I live in Alabama
Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

No it is not free from garnishment. If a creditor get a judgment against you, they can levy it from a bank account.

1 Answer | Asked in Bankruptcy for Alabama on
Q: In a 2011 Chapter 7 was a restitution order considered a priority debt?

I am a creditor in a bankruptcy that was in 2011. I alerted the Bankruptcy Court of a fraudulent (preferential) transfer in the case. This man and his son were both convicted of securities fraud in my case. The Bankruptcy Court obtained a consent judgment against the debtor's sister because... Read more »

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

Any debts obtained by fraud are NOT dischargeable in bankruptcy. Not that they're considered a priority debt, it's the nature of how the debt was incurred that makes it non dischargeable. Taxes, domestic support obligations, etc. are priority debts. You would have to file an AP and... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Small Claims for Alabama on
Q: My wife's bankruptcy was paid in full, but now I'm being sued for breach of contract from a car credit company.

We received the release letter from the court that indicated the balance on the car account was $0. Why would a well-established major car credit company mail a clear title to a buyer if there was still a balance?

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

I would assume that your wife filed the bankruptcy and you did not? If that is not the case, then you are not protected from this creditor when your wife received her discharge order. I believe that they are attempting to come after you for interest not paid on the account during the 5 year... Read more »

1 Answer | Asked in Bankruptcy, Criminal Law, Divorce and Collections for Alabama on
Q: I have a court order that I have to pay mortgage payments in martial home till it sale. But I can't afford to pay it.

It's solely in my ex wife's name but I am ordered to pay mortgage. I am on disability and can't afford to pay the martial home mortgage and my current mortgage. Can I file bankruptcy on a order? This order puts me over budget per month around 1000$.

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

This is a complex case with many factors. This debt may or may not be in the nature of a domestic support obligation. Generally, DSO are not dischargeable in a bankruptcy. There are factors that will determine it like how the income between you and your ex, children together, etc. I would... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: Daughter has credit cards she can't pay back and is behind. She has no assets. Can she file bankruptcy?
Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

Absolutely! If she has no assets and is not over the median income, she can file chapter 7 and wipe out all her debts. She would probably be a good candidate for it!!!

1 Answer | Asked in Bankruptcy and Consumer Law for Alabama on
Q: If a lawsuit is filed against me how do I pay it?

A lawsuit by a creditor is being filed against me for nonpayment. I leased equipment and it was tore up when I received it. The creditor didn’t want the equipment back and insisted I pay. Well I can’t pay the lump sum they’re asking as my family and I are basically homeless at the moment... Read more »

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

Unfortunately, once a lawsuit is filed, your options are limited. You can settle the debt by making an offer to pay for less than the amount owed and dismissing the case. You can offer to make monthly payments on the debt. Once this lawsuit goes to judgment, then you will be at the mercy of the... Read more »

1 Answer | Asked in Bankruptcy and Divorce for Alabama on
Q: Debt responsibility when one spouse files bankruptcy during a legal seperation.

Before my husband and I separated, we had to replace the septic system at our home. His credit was not good enough to finance it, so I had to. In our separation agreement, he agreed to pay the debt. He has recently decided to file bankruptcy and is wondering if he can include that since he... Read more »

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

Yes, he can include the debt in his bankruptcy. If he is filing a chapter 13 bankruptcy, he may end up paying for the debt thought his chapter 13 plan. If a chapter 7, he may reaffirm (i.e. assume) the debt and continue paying for it. Either way, if his bankruptcy does not provide payment or he... Read more »

1 Answer | Asked in Banking and Bankruptcy for Alabama on
Q: When a bank repos a car & you owe a balance once its sold, can they attach your social security or retirement check

I owe the money to a bank but it is not the bank that my income goes into.

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

First, the company has to file a lawsuit against you, then a judgment is then rendered against you (if no defense is raised). Having said all that assuming there is a judgment, they CANNOT levy your social security income! They MAY be able to levy your retirement income if it comes from a private... Read more »

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