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Questions Answered by Arun Arjan Melwani

3 Answers | Asked in Bankruptcy for New Mexico on

Q: If you have a lawsuit pending or a judgement has been made, would chapter 7 bankruptcy stop any further actions?

Arun Arjan Melwani answered on Dec 11, 2018

Yes. It will not only stop further lawsuits against you, but it will stop the pending lawsuit and the collection of any judgements that have been entered against you. In fact, if you have already been garnished, then that money that was taken in the 90 days before filing may be recovered as well.... Read more »

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1 Answer | Asked in Foreclosure for New Mexico on

Q: I unexpectedly inherited a large sum of cash and want to buy out the remaining balance on my home.

Can I do that even if foreclosure proceedings have begun?

Arun Arjan Melwani answered on Nov 16, 2018

Yes. Just request a reinstatement amount if you wish to catchup what you are behind or a payoff amount if you want to pay off the full amount.

1 Answer | Asked in Collections for New Mexico on

Q: If a company won a judgement but they never made contact, can I just ignore?

Arun Arjan Melwani answered on Nov 16, 2018

No. Winning the judgement is just the first step for the company. After winning the judgement they have to collect on the debt. They will usually ask the court for an order from the judge that will allow them to take money from your bank account or from your wages. They also could file the... Read more »

1 Answer | Asked in Foreclosure for New Mexico on

Q: If I go into bankruptcy, does that stay a foreclosure?

Arun Arjan Melwani answered on May 4, 2018

Yes, but the stay will only last the during the bankruptcy proceeding and the creditor may ask that the Court to terminate the stay. The judge in the bankruptcy case will make that determination based on the type of bankruptcy you filed and the circumstances involved. Usually, a judge will grant... Read more »

1 Answer | Asked in Collections for New Mexico on

Q: I just received notice that my wages are going to be garnished for a loan my ex-husband applied for after we were

divorced. Is this legal?

Arun Arjan Melwani answered on May 1, 2018

New Mexico is a community property state and either spouse can enter into a debt and make the other spouse liable. If you got a divorce that would end the community property and thus a debt incurred after the divorce you should not be liable. I would seek out an attorney and try to quash the... Read more »

2 Answers | Asked in Bankruptcy for New Mexico on

Q: I see that New Mexico's bankruptcy exemptions are different than the federal ones. Can I pick and choose from both lists

to maximize my exemption options?

Arun Arjan Melwani answered on May 1, 2018

No. New Mexico allows you to use either the Federal bankruptcy exemptions or the New Mexico State exemptions but you cannot mix and match the exemptions.

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1 Answer | Asked in Collections for New Mexico on

Q: Can a medical company send me a bill through collection agency more than 4 years (and 3months) passed the service date?

Arun Arjan Melwani answered on Feb 26, 2018

Yes. The medical company could be using a collection company to go after you or they collection company may have purchased the debt from the original creditor. Either way, they are entitled to pursue you for the debt owed. The statute of limitations in New Mexico for collection of the debt is 4... Read more »

1 Answer | Asked in Consumer Law and Collections for New Mexico on

Q: How should I respond to a letter from a collection agency regarding a time-barred debt?

The alleged debt is over 14 years old. The letter, and the Fair Debt Collection Practices Act, says I have 30 days to dispute the debt or they will assume it is valid. Most online advice I read tells me, whether I think the debt is valid or not, to send them a letter and ask for more information.... Read more »

Arun Arjan Melwani answered on Feb 9, 2018

You should ask that the debt be validated. It won't be an admission if the debt is valid or not. Also, it is good if they know your address, so if they do decide to sue you they will have a good address to send the summons and complaint. When you get sued, its important to respond to the... Read more »

1 Answer | Asked in Small Claims, Collections and Contracts for New Mexico on

Q: Can I get away from this debt?

My parents offered to pay my living expenses, they re-niged on their offer and left me with 17k of debt.

Arun Arjan Melwani answered on Jan 30, 2018

Possibly. I suggest consulting with a bankruptcy attorney to see if you may be eligible to file a chapter 7 bankruptcy which would eliminate any unsecured debt. Most bankruptcy attorneys do not charge for the initial consultation.

1 Answer | Asked in Bankruptcy for New Mexico on

Q: Can you file for bankruptcy from outside the country?

Arun Arjan Melwani answered on Jan 18, 2018

The short answer is "No". You can hire an attorney to prepare the case and your attorney can file the case for you while you are away, however, you will have to be present to attend the Section 341 meeting, also referred to as "the meeting of creditors", usually within 30-45 days after filing.

2 Answers | Asked in Bankruptcy, Foreclosure and Small Claims for New Mexico on

Q: I lost my job but my spouse still works, we are now with o money, and going into foreclosure, can I file for bankruptcy

We are being service by lawyers for credit card debt, and other items we owe,

Arun Arjan Melwani answered on Jan 18, 2018

Yes, you can file for bankruptcy. However, what type of bankruptcy available to you may be dependent on your income. Also, what choice of bankruptcy to choose will be related to your intentions with regard to what assets you wish to keep, for example whether you wish to keep your home. I... Read more »

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3 Answers | Asked in Bankruptcy for New Mexico on

Q: I have no idea how or where to start the bankruptcy process. What are the first steps I need to take?

I am buried in debt and I have no idea what to do next. I know I am also losing my job and soon will not be able to even afford rent.

Arun Arjan Melwani answered on Jan 18, 2018

Please call a bankruptcy attorney right away. Most bankruptcy attorneys provide a free initial consultation and if you can prepared to give a summary of your financial situation they will be able to counsel you how to proceed.

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