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Questions Answered by Andrew Bresalier
1 Answer | Asked in Bankruptcy for Virginia on
Q: I filed Chap 7 back in 2011 and need the discharge date & case # - can I locate on line?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

1 Answer | Asked in Bankruptcy for Virginia on
Q: I am in the process of getting a loan modification loan and it was all signed sealed and delivered and now i get served

Papers saying my wife did not sign on previous refinance paperwork on the deed of trust i am the only one on loan what do we do now the paperwork is coming from courts my wife has always been on deed but not on the loan

Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: You should defend the foreclosure, rising that the matter was modified. I would suggest you find an attorney.

1 Answer | Asked in Bankruptcy for Utah on
Q: My daughter bankrupted her student loan.I was a co-signer.I now have to pay.what can I do? She should pay it.
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: The Discharging of Student Loans is extremely rare. As with any debt that involves a co-debtor, the co-debtor owes just like the original debtor. There is no special class because you are a co-signer, you can be sued just the same, and even before the other party. Generally, the Creditors go... Read more »

1 Answer | Asked in Bankruptcy for Utah on
Q: How can someone else have a promisesary note against someones home that has nothing to do with the loan between them???
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: There are lots of reasons, the simplest is that it was given to him for some reason that you have not been advised, or that it was gifted/purchased from someone else.

1 Answer | Asked in Bankruptcy for Utah on
Q: If an original debt is beyond the statute of limitations, how do I get the third party collectors to remove it?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: The counting of time for the Statute of Limitations (SOL) goes from the last payment, not when the debt was incurred. If the SOL has expired (tolled) from your last payment, you should tell the collector to take a walk. SOL is not an absolute bar to suit. If they sue you, you should raise SOL... Read more »

1 Answer | Asked in Bankruptcy for Utah on
Q: I sent my discharge paperwork to the court about a year ago, but have not received a discharge yet. What can I do?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Contact the Clerk and find out what is the delay.

1 Answer | Asked in Bankruptcy for Utah on
Q: Does anyone know information about the Homeline Furniture Inds., Have they filed for bankruptcy yet?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

1 Answer | Asked in Bankruptcy for Utah on
Q: I have approximately $15000 in Credit Card debt and $7000 in medical debt is bank ruptsy the right answer for me?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... Read more »

1 Answer | Asked in Bankruptcy for Utah on
Q: How does bankruptcy work with back taxes and tax liens.
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Income Taxes are not dischargeable. Property taxes can be discharged, but the taxes still attach to the property and the Collector can proceed In Rem (against the taxed item).

1 Answer | Asked in Bankruptcy for Utah on
Q: Can I file bankruptcy with out a lawyer. If so how?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

2 Answers | Asked in Bankruptcy for Texas on
Q: I owe by dentist a balance on previous dental work, is he required to send copies of my records to new dentist.
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Medical Providers are not permitted to hold medical records random. They can sue you and do lots of other stuff, including charging you a very high copy fee, which funny enough is the same amount you owe them.

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Filed personal bankruptcy which included a business loan for an S-corporation.

Is my business partner cover under the bankruptcy stay in Tennessee?

Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Your personal Bky, the Stay and resulting Discharge only extends to you personally.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I filed chapter 7 in 2002 , can i file again
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Filing date to filing date for a chapter 7, you must wait until 7 years expires. So if you filed a chapter 7 on January 01, 2002, you must wait until January 02, 2009.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Is it legal for your pay roll check to be garnished without your knowledge?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Garnishment is a Post Judgment matter. You would have been served when the suit first started and unless you can actually prove insufficient service, they are not going to take your word over the Sheriff or other processing agent. Garnishments are done by writ, forwarded to you and your... Read more »

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can a legal alien file for bankruptcy in the U.S.?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Yes a noncitizen who is legally in the country can file a bankruptcy; however, exemption issues may have to be addressed, along with possible consequences if the Debtor is considering becoming a citizen.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I an unployed in tn. if i file for bankrupcy will i loose my home in livin in. which is the only one i have
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: If you are current and within the available exemptions, you should be able to keep.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can you be charged interest on childsupport errears while in bankruptcy
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: A chapter 7 discharges your debts. This means you no longer have a legal obligation to repay them. However, certain debts are not dischargeable, such as student loans, Child/Spousal Support, Taxes and Debts relating from a DUI. So yes, you can be charged interest.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: My wages have been garnished. Is it required that receive a summons to appear in court before the garnishment?

I have not received a letter from the court in TN or a letter from the collection agency. My wages were just garnished. It does not seem fair.

Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Garnishment is a Post Judgment matter. You would have been served when the suit first started and unless you can actually prove insufficient service, they are not going to take your word over the Sheriff or other processing agent. Garnishments are done by writ, forwarded to you and your... Read more »

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can a check advance company get a criminal warrant, acct been sent collection agency and bank acct been closed on check

Collection agency called me and said if i did not have paid in 4 days they would issue a crimal warrant for me on a worthless check charge, this is a debt from 1 and half years ago and the bank acct has been closed. i am about to file chapter 7 bankruptcy, but can they legally get a crimal warrant... Read more »

Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: They cannot seek criminal charges on the original advance, but they can on the bounced check. In some states, in addition to the criminal charges they can seek civil remedies (sue you) for three times the amount.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Will bankruptsy protect me from losing my home and make it more affordable for me to make payments
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: If you are in arrears, you can cure the situation with a Chapter 13 if you are a candidate. To make the mortgage(s) more affordable you can possible do a combination of lien stripping, a cram down and or a modification either via or apart from the court. Not all jurisdictions do court... Read more »

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