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Promissory note says 2011. Attorney general has it now and is taking my tax refund. Just filed a chapter 7
answered on Jan 25, 2019
The loan has to be either federal or private. There is no other option. Ask for a copy of the promisssory note, if you don’t have it anymore. And a payment history. That’s your first step to figuring this out.
answered on Oct 27, 2018
Probably a good idea. You don’t know what you don’t know. We do. We can make sure it’s the right time to file. We can help protect your assets. We can advise you against making common errors and help you fix them before you file. I think what I do is important, and necessary. That’s why I... View More
answered on Sep 17, 2018
Yes, your right to child support payments is not affected by bankruptcy. Also, in Virginia, the bankruptcy trustee cannot take your child support payments away from you, which is not true in every state.
answered on Aug 24, 2018
Absolutely. Spousal and child support CANNOT be discharged in bankruptcy. Period.
answered on Aug 20, 2018
They can certainly put a lien on your house, that's very common. They could try to foreclose, but I've never actually seen anybody do this.
after I moved back home my roommate & her boyfriend decided to stay & my name is still on the lease.. I haven’t been there for a month now & she refuses to add her boyfriend and release me from the lease & is still looking for me to help pay rent.
answered on Jul 17, 2018
No, not really, not if you and she can't agree to this. You could ask the landlord, but don't expect anything out of this. You're the one who moved out. If her boyfriend is helping with the rent and you're not on the hook, thank your lucky stars.
I was on their assisatance in 1999 a single Mom but they said I have to have the paper to prove it I have no paper it’s been too long Do I have to pay this
answered on Jul 10, 2018
In Virginia, the statute of limitations to collect a medical debt is either five years or three years, depending on the facts, but I wonder whether the hospital got a judgment against you? If so, the limit to collect a judgment from general district court is ten years, but it can be renewed for... View More
Numerous communications went ignored before I filed the Warrant.
answered on Jul 9, 2018
I am assuming she requested a Bill of Particulars. If that is the situation, yes, you do need to respond according to the rules of court. If the requests are informal, please consider whether your failure to cooperate will be seen by the court as prolonging the dispute. If the dispute can be... View More
I never received the 10 day notice giving me time to come up with the needed funds to pay. the letter was drafted on 6/29/18 and I received it on 7/6/18 what are my rights please help.
answered on Jul 6, 2018
The lende does not have to give you notice before repossessing your car, just before they auction it. If the car hasn’t been auctioned yet, ask the lender how much money they need to give you back your car. Expect to pay repo fees. If you can’t come up with the money now, you can file Chapter... View More
My main goal is to not lose my house. I want to discharge my other debts (credit cards and such) but hold on to the house I live in. Is that possible? How do I do that?
answered on Jun 28, 2018
The surest way to keep your house in bankruptcy is file Chapter 13, but you might be able to keep your house in a Chapter 7. This is a situation where you need a very experienced bankruptcy lawyer, one with experience in keeping houses.
answered on Jun 28, 2018
Do you have a written settlement agreement? If so, what does it say? If not, do you have something in writing to prove it, like a series of emails? That would be what controls in this situation.
answered on Jun 18, 2018
No, during the trial the judge and jury only know what the witnesses testified to in court and what is contained in the exhibits which were admitted into evidence. The judge may also know information that was contained in pretrial motions, but not the jury. The jury only knows what evidence came... View More
answered on Jun 18, 2018
Yes, if the case hasn't been discharged yet. You will need to pay the bankruptcy $31 to add the creditor, and follow the court rules to notify the creditor of the addition. The court requires to file the amended schedule and an amendment cover sheet. You need to send the creditor a copy of... View More
I don't have joint anything
answered on May 28, 2018
Yes, with no joint debts, you can file for bankruptcy without your spouse. It should have no effect on your spouse financially. However, both of you should check your credit reports regularly to make sure they are accurate and dispute inaccurate statements.
I recently discovered I had not reaffirmed the mortgage. I began reviewing my credit info and discovered this and that the mortgage company has closed the account with a balance owed as 0. No payments have been reported since the bk. At this point if I walked away from the house would this effect... View More
answered on May 27, 2018
It is a very sad fact of life that once your personal obligation for your mortgage is discharged in a Chapter 7, the lender will not report your payments, even though they are on time. I have struggled with this for many years as a bankruptcy lawyer, and have no solution. If it makes you feel any... View More
I did piece-work as a contractor for a Virginia corporation from 2015 to 2016 for which I was not paid. The total amount due is over $16,000. No written contract, but the work was well documented and the rate they pay was the same before and after the work I did. I sent them an invoice in... View More
answered on May 24, 2018
The statute of limitations for an oral contract in Virginia is three years. For breach of contract, you can sue via a Warrant in Debt, but for a corporation, it is a bit tricky. You should talk to a lawyer to get this right, even if you decide to go it alone. You may be able to find someone to... View More
I bought some furniture in 2014 and I chose to keep it during the ch 13. Now Since I am discharged from the 7 I chose to Surender the furniture. I got a call from the Furniture place asking if I was keeping it or surrendering it. I told them surrendering it. They asked what my address was and I... View More
answered on May 21, 2018
If they win on the Warrant in Detinue, they can have the sheriff come to your abode to pick up the items. Seems like not much will happen since they have an old address and you don't have the stuff anymore, but who knows? When they said they didn't want the stuff, did they put in writing?... View More
He chose to move getting divorce and will split equity he wants what he pd back since didn't live here
answered on May 17, 2018
This issue should be addressed in either your separation agreement or your final decree of divorce.
I have medical debts totaling $1,500 sitting on my credit report for over 5 years. I have contacted the collection bureaus listed, but they no longer have my account. What is the VA statute of limitations on the collection of medical debts? Thank you.
answered on May 16, 2018
The statute of limitations for medical debt is 5 years. A derogatory remark can stay on your credit report for 7 years. You can dispute the debt with the three credit reporting agencies directly. Start with annualcreditreport.com
https://www.annualcreditreport.com/index.action
I was going to file a warrant in debt today, but the person told me they are filing bankruptcy. Is it worth my time to file the warrant? Will the warrant be discharged in bankruptcy?
answered on May 16, 2018
Whether it's worth your time and money to get a judgment against someone who says they are going to file bankruptcy is basically a question of whether you believe the person or not. If your debt is the only major debt, they might be willing to settle with you. Whether the debt is discharged... View More
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