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Questions Answered by Daniel Edward Mueller
2 Answers | Asked in Consumer Law and Collections for Pennsylvania on
Q: A collector that has been previously removed from my credit report keeps re-appearing as new account(s). What to do?

I’ve never received a notice from this collector or the original biller, I’ve disputed them on my credit and had them removed. They return to my report the next month as a new account. This has happened for 15 accounts now from the same single visit to original biller over four years ago. Is... Read more »

Daniel Edward Mueller
Daniel Edward Mueller
answered on May 31, 2022

I agree with my Pennsylvania colleague. It sounds like the creditor has verified the debt in response to the credit bureaus' investigations. However, if they are misreporting the matter (e.g., claiming a false last payment date, misrepresenting the nature of the debt, etc.), you may have a... Read more »

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I filed an appeal of dismissal of a bankruptcy order. Is the automatic stay still in effect since appeal is pending?
Daniel Edward Mueller
Daniel Edward Mueller
answered on May 3, 2022

The automatic stay ends when a bankruptcy case is dismissed. It does not continue during an appeal. Therefore, creditors may proceed with collections, including foreclosures and repossessions, at least until the dismissal is reversed.

Although the automatic stay is typically reimposed upon...
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1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Pennsylvania on
Q: I need an attorney to sue my pet insurance company for bad faith. There is also a possible claim under the consumer ...

I have a pet policy with lemonade insurance company. I filed a claim for emergency services after my dog needed treatment. The company is only covering part of the cost. They are supposed to cover 90% of the cost minus the annual deductible. They are only covering about 50% of the costs and acting... Read more »

Daniel Edward Mueller
Daniel Edward Mueller
answered on Apr 28, 2022

Given the facts you presented, you may have bad faith, breach of contract, and other claims. Damages for insurance bad faith can include actual damages, interest on the damages, punitive damages, attorney's fees, etc. Therefore, you should undoubtedly ask an attorney to review the policy,... Read more »

2 Answers | Asked in Bankruptcy and Collections for Pennsylvania on
Q: I'm being sued in PA by a law firm representing a debt collector. How to proceed?

My wife had messaged me our US mail preview and asked what a district court letter was about. I could read who was sending it through the scanned envelope. I panicked and called the law firm to start my payments again. They sent me a contract/form for me to sign stating that as long as I pay them a... Read more »

Daniel Edward Mueller
Daniel Edward Mueller
answered on Apr 21, 2022

It appears that you've reached a new settlement with a judgment creditor whereby the creditor agreed not to take action to collect on the debt if you pay according to a specific schedule. Assuming you have these terms in writing, you should be able to enforce the settlement, if the creditor... Read more »

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2 Answers | Asked in Bankruptcy and Business Law for Pennsylvania on
Q: Should I file bankruptcy?

I started a business with my dad when I was 19 in 2014. Neither of knew absolutely anything about running a business. So we created a partnership through legal zoom (first mistake). We carried on business as usual and messed up filing our taxes so had somebody fix it. Then 2 years later we split... Read more »

Daniel Edward Mueller
Daniel Edward Mueller
answered on Apr 2, 2022

As you are not incorporated, closing the business will not eliminate your personal liability. Although bankruptcy may be the solution, it will take a detailed examination of your overall financial situation to be certain.

That being said, Chapter 7 bankruptcy may help you eliminate most or...
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