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Questions Answered by David B. Levin
1 Answer | Asked in Bankruptcy for Minnesota on
Q: Can I get this removed from my credit report?

I filed bankruptcy in 2010 with my husband & they started the process, reported it to all of my credit cards and had all of the paperwork filled out. After we were about 3/4 way through the process my attorney informed me that my 7 year time frame wasn't up yet since my last bankruptcy.... Read more »

David B. Levin
David B. Levin answered on Jul 16, 2015

You initially say that you filed bankruptcy and then later say that it was "never filed and discharged," so the situation is a bit unclear. If no bankruptcy case is filed, there is no public record and thus should be no credit reporting. Sometimes, when a spouse files and there are joint... Read more »

1 Answer | Asked in Bankruptcy for Tennessee on
Q: When you file CH. 7 bankruptcy, does your previous landlord that's included in your filing, stay on your public record?

My previous landlord is listed under my public record as well as my filing of bankruptcy. I thought this would erase the debt that's owed.

David B. Levin
David B. Levin answered on Jul 13, 2015

Debts that are discharged in bankruptcy may still be listed on your credit report, but must show a zero balance and be designated as "discharged," "included in bankruptcy" or something similar. Any other status may constitute a violation of the Fair Credit Reporting Act, which... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: Sears Citibank recovery associates left letter on my door,letter says they are suing me idk whst to do?/debt claim case

Basically the letter says i have 14 days to file an answer to the court,i dont have money for an attorney,so im so lost im a sigle parent,what should my answer be to the court?can i still talk to citybank about removing the lawsuit?and pay the debt on small payments?its says a default jUdgement... Read more »

David B. Levin
David B. Levin answered on Jul 12, 2015

It's not clear exactly what you've received. You're describing it as a letter, but based on the method of service and the notice that you are to respond to the court, it sounds like a summons and complaint, which would mean that a lawsuit has already been filed.

Default...
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1 Answer | Asked in Consumer Law for New York on
Q: I live in N. Y. and owe Capital One $20,000 in credit card debt.Rubin & Rothman representing them.whats the s.o.l

I received and answered a summons from Lubin & Rothman a N.Y. Firm 10/2010. They made me an offer 7/2015 to settle.Am I past the statue of limitation and therefore not obligated to pay?

David B. Levin
David B. Levin answered on Jul 12, 2015

The statute of limitations determines how long a creditor (or other plaintiff) has to file a case. Once the case has been filed, as you say happened here in 2010, the statute of limitations is no longer at issue. There may be other issues, but without knowing what has occurred in the case in the... Read more »

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: A collection agency is threatening me with a lawsuit. Is it too late to file for bankruptcy?
David B. Levin
David B. Levin answered on Jul 9, 2015

It is also worth noting that if in fact a collection agency has claimed that it is planning to sue you, the agency may have violated the Fair Debt Collection Practices Act. A collection agency that is not a law firm and is acting on behalf of the creditor cannot sue you, meaning that claim would be... Read more »

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1 Answer | Asked in Consumer Law for North Carolina on
Q: Parent died without any provisions, huge amounts of debt. Are adult children responsible?

My husband father died suddenly at 55. All children are grown and have their own homes and families. He had no provisions for this. We have found out that the house was scheduled for foreclosure, numerous unsecured loans, medical debts totaling over 200K. Are the adult children responsible for any... Read more »

David B. Levin
David B. Levin answered on Jul 8, 2015

Adult children are generally not responsible for the debts of a deceased parent, and a debt collector who claims that they are obligated to pay those debts may be violating consumer protection statutes and liable for damages.

Note, however, that the estate of the deceased is liable for...
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1 Answer | Asked in Consumer Law for Pennsylvania on
Q: In the state of Pennsylvana: If a man dies, is his wife responsible for any of his credit card debts?
David B. Levin
David B. Levin answered on Jul 7, 2015

Generally speaking, a surviving spouse is not responsible for the deceased spouse's credit card debt, although the executor of the estate may have an obligation to pay those debts out of the decedent's estate.

There are also certain exceptions, such as when the surviving spouse...
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1 Answer | Asked in Consumer Law for Nevada on
Q: If I am a judgment-proof plaintiff & lose case, would defendant's atty fees show on credit rpt? No counter claim filed.

None

David B. Levin
David B. Levin answered on Jul 7, 2015

"Judgment-proof" is a bit of a misnomer, in that your financial status doesn't actually prevent a judgment from being entered (and, attorney fees may be a part of that judgment). It simply means that you have no income or assets from which the creditor can collect right now. That... Read more »

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