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Questions Answered by Lynn Ellen Coleman
2 Answers | Asked in Bankruptcy for North Carolina on
Q: Is it better to file a chapter 13 bankruptcy or try to pay off the accumulated debt? William
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 14, 2020

This is too individually dependent on the facts to be able to answer such a general question with certainty. One thing I can say is that if you settle, you may have to pay taxes on the amount of forgiven debt. Debt discharged in bankruptcy is not taxable. Chapter 13 bankruptcy also involves added... Read more »

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1 Answer | Asked in Consumer Law for North Carolina on
Q: Do I have recourse against Bank of America for not modifying and then selling my second mortgage to a private investor?

After bankruptcy we applied to modify our 1st and 2nd mortgage with Bank of America (originally with Countrywide). We completed packages over and over again. Finally Fannie Mae took our first mortgage away from Bank of America, placed it with Seterus and modified. They also informed us that... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 13, 2020

This is impossible to answer on an online forum because a review of documents is necessary. Go see an attorney ASAP. Your best bet is to consult a consumer bankruptcy attorney because an experienced one will know about second mortgages that have questionable enforceability. In addition, loans held... Read more »

1 Answer | Asked in Civil Rights and Consumer Law for North Carolina on
Q: Sales agent denied me a viewing of a house in a new subdivision but allow another woman a viewing, is this legal?

I visited a new subdivision & fell in love with a floor plan. The sales rep. was unengaged during my visit & any feedback I got concerning the community I had to ask for it. I went back a week later to view the home again and the same rep, told me I could not view it because it had sold. I... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 13, 2020

It sounds like you have grounds for a complaint against the sales agency under the Federal and North Carolina's Fair Housing Act. You can do one of two things. File a complaint against the sales agency, or sue. I do not recommend suing on this kind of case without an attorney. A good place to... Read more »

2 Answers | Asked in Collections for North Carolina on
Q: I have a judgement that is in the clerk of courts, what should I do?

this judgement has been in existence since 2008, I thought it was no longer there, when I did not see it on my credit. I am in the process of purchasing a home. The clerk at the courthouse said I could pay it off or make payments. Is there a way I can contact the Law firm that this judgement was... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 12, 2020

Ms. Kurtz is correct. It does not go by the date the lawsuit was filed. If a new lawsuit to renew a judgment is not filed within 10 years after the date the judgment was signed, the judgment expired. Do NOT pay anything until you are absolutely certain the judgment has been renewed. You should take... Read more »

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: I need documents and schedule from a previous bankruptcy
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 7, 2020

You can access these documents online for a fee. https://pacer.uscourts.gov/ has all of the information. You will have to register and create an account. This is much less expensive than getting copies from the Court in person. You could also perhaps get a copy from the attorney who handled your... Read more »

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: Regarding selling my home

hello,

My question is the trustee did his final distribution report about a week & half ago and has abandoned all property in my ch.7 I can't get anyone to answer at the bankruptcy court to tell me if the decree has been issued And my attorney has stopped replying to emails!... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 7, 2020

You probably won't be able to close on the home sale until yoou get your Discharge and the case closes. The title attorney may not clear the sale until then. The Discharge generally comes about 70-75 days after your first scheduled Meeting of Creditors. The Trustee files the report of no... Read more »

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1 Answer | Asked in Collections for North Carolina on
Q: I received a summons and complaint a few days ago for a voluntary repossession. I know I have 30 days to respond.

I do not dispute the validity of the debt but have tried to make small payments and have been advised payments are not an option. I am a single parent living solely on social security disability and have no other source of income. I do not own anything . I live with family. Should I go ahead... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 7, 2020

Filing an Answer will delay the entry of a judgment against you for a little while. If you do not file an Answer, a default judgment will be entered. You may have some legal defenses if you were not notified about the sale of the vehicle properly, or if the sale was not conducted in a reasonable... Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for North Carolina on
Q: Do I have a case against the builder of my house for the work they subcontracted out?

We built our house approximately 6 years ago and we have had several issues with the AC system since we moved in. The builder of our house used a subcontractor for our AC system. We have repeatedly reported issues about our system over the years and they kept sending out the subcontractor to fix... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 29, 2020

You have a "statute of repose" issue. If it has been six years or longer, even if you did have a claim against your general contractor, it is too late to sue.

2 Answers | Asked in Bankruptcy for North Carolina on
Q: Can i sell my home if my ch.7 is still showing open?

Hello,

I can not get my Bankruptcy attorney to contact me back or the Trustee. We have been discharged for 2 years and need to sell our home because of owning a business.. but i was told i cannot sell the home without the trustee saying yes. But I don't know what to do if the ATTORNEY... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 29, 2020

The title insurance company is probably reluctant to approve title insurance for a sale until the Chapter 7 is reported as "closed". No attorney can tell you anything specific about your particular situation without reviewing the Trustee's Final Report. Any hapter 7 case where the... Read more »

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: how long does it take to get a Decree after ch.7 after the final report for applications for compensation.

the courts have accepted and approved the order the Ch.7 trustee did The final Report for compensation & applications & deadline to object. I just wanna know how long does it take to get the Decree showing closed? And my Bankruptcy attorney will not contact me nor will the trustee what... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 28, 2020

The Clerk's offices are lightly staffed, with many staff working from home due to COVID. The same thing exists in the Bankruptcy Administrator's office. Things are taking a little longer than normal. I suggest you call the Clerk of Court and explain the situation. If the Clerk is waiting... Read more »

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1 Answer | Asked in Consumer Law and Lemon Law for North Carolina on
Q: What chance do I have at getting money back from as is auto purchase less than 30 days ago still owe money on
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 23, 2020

There is no way for us to give you a reliable answer to such a general question. You need to take the contract for purchase to an attorney and speak to the attorney in detail about what was said about the car and so forth, and what was wrong with the car.

1 Answer | Asked in Consumer Law and Lemon Law for North Carolina on
Q: Bought car as is can I get money back. Been less than 30 days. Broke down in less than 10
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 23, 2020

There is no "lemon law" for a used vehcile in North Carolina. You need to personally speak to an attorney about what was represented about the car in order to determine if you have a case. This is way too fact intensive to be asked on an online forum such as Justia. In gereral, your... Read more »

2 Answers | Asked in Bankruptcy for North Carolina on
Q: my ch.7 trustee did a final report & was accepted by the courts. I just want to know if I sell my home can he take my $

the trustee of my Ch. 7 has already done his final report & applications for distribution. I was discharged 2 years ago & now i sold my home and we close next week & the case is still showing not closed.. even though he has already disbursed funds and courts accepted his final report... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 22, 2020

The answer is in the final report you received. There is a line for your home, which shows it being exempted. If the final report is done, the case is closed and he cannot reach any new assets such as the proceeds from the sale of your home. Contact the attorney you used for your bankruptcy for the... Read more »

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: How can student loan be discharged in bankruptcy ? Does it cost to try ?

Hello

My wife and I decided to file for bankruptcy, we have too many debts, credits cards,loans, car repossessed...

I also have a Federal Student loan of about $60.000 and I know it's super hard and almost impossible to discharge federal student loans but from my researches... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 9, 2020

It is highly unlikely you would be able to discharge your student loans in bankruptcy under the facts you presented. It does add significantly to the cost of filing bankruptcy. You should have a personalized consultation with a qualified consumer bankruptcy attorney in your area for specific... Read more »

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1 Answer | Asked in Consumer Law for North Carolina on
Q: A solar panel salesman came to the house. My husband and I signed something on a laptop. This was to begin the process .

No product was delivered. Day 4 my husband sent a text message cancelling interest in purchase of solar panels.Today we received an invoice for $4900

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 8, 2020

You generally have until midnight of the third business day after you sign a contract that resulted from an in home solicitation to cancel the transaction. You need to get a copy of what you signed and dispute the bill you received. If you waited until the 4th business day, it may have been too... Read more »

1 Answer | Asked in Bankruptcy for North Carolina on
Q: If the trustee recommends a chapter 7, what can you do as a creditor do?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 6, 2020

A bankruptcy trustee does not "recommend" a Chapter 7. If someone who owes you money filed a Chapter 7, the Trustee confirms their eligibility to file bankruptcy and looks for any assets which are not "exempt" that he could sell to pay the creditors. The Trustee will then file a... Read more »

2 Answers | Asked in Bankruptcy for North Carolina on
Q: How do I file an objection to a discharge for money owed from divorce proceedings? Can I do it or does a lawyer have to?

My ex-husband has filed Ch 13 (originally CH 7 but converted to Ch 13). In our divorce decree he is to pay for 1/2 of what is not covered by insurance for our kids medical (owes $2832.67) and a loan that he was to get in his own name but never did and stopped paying so I started paying it since my... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 2, 2020

You cannot change a dischargeable debt into a nondischargeable debt. It either is, or is not, dischargeable. It is very difficult for a non attorney to judge whether an obligation is a "domestic support obligation" or not. You need to take your separation agreement or equitable... Read more »

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: CORRECTION for "I am filing Chapter 13 in NC. Can I buy a used car with Unemployment proceeds?"

I'm filing chapter 7, not chapter 13. If I purchase a car with ONLY unemployment income, should I still wait until after I file? If so, how long after?

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 17, 2020

It depends upon how much the car is worth, how many other cars you own and how much equity you have in real estate. You will have to wait a minimum of 90 days after you purchase the car no matter what. Most consumer bankruptcy attorneys offer free consultations. You should consult personally with a... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: I was called to hr at my job & given a letter stating. This was a temporary layoff/reduction in workforce & i filled for

I was called to hr at my job & given a letter stating. This was a temporary layoff/reduction in workforce & i filled for unemployeement & received it. THe determination was no work available. Yet the day after i was layed off the company brought someone else in & placed them in my... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 17, 2020

Not really. An employer in NC can fire you or lay you off for any reason that is not discriminatory unless you have a written employment contract. If your unemployment benefits are equal to your pay, you have no case at all even if you can prove this was discrimination.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: What can I do if my neighbor will not come and get their dogs?

My neighbors dogs are always getting out and they come to our home. When I call them and tell them, they will not come and get them for days-weeks at a time. We have even taken them to the vet when they’ve needed medical attention. What are our rights in this situation?

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 17, 2020

Call Animal Control and report the loose dogs.

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