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Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Wisconsin on
Q: What is the best approach to negotiate with a collection agency after garnishments have been issued?
J. David Krekeler
J. David Krekeler
answered on Jun 3, 2023

There is no single best approach to negotiating with a collection agency. How you proceed will depend upon the facts and circumstances.

But there are some basic considerations. Always start with goals. what are you hoping to accomplish? What is it that your opponent wants? Perhaps more...
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1 Answer | Asked in Bankruptcy for Texas on
Q: If my parents are in bankruptcy, will they take money out of my joint account with my mom?

My dad has filed for bankruptcy, and since he is married to my mom they’ve taken money out of their accounts, or soon will, and I’m worried I’ll have money taken out of my account too since I have a joint account with my mom, my dad has already had money taken from him, but my mom hasn’t yet

Timothy Denison
Timothy Denison
answered on Jun 2, 2023

It’s possible, yes, depending on the exemptions she claimed. You probably should withdraw all that belongs to you until they get the monthly payments established.

0 Answers | Asked in Bankruptcy for Texas on
Q: Can our land alone, separate from the mobile home on it, be claimed as homestead under Texas homestead exemption in Ch7?

In Texas, in a city section zoned mobile/manufactured homes.

We own our lot free & clear but the manufactured home we live in on this lot is financed by a friend with a bank and therefore it is in their name. The friend does not live with us. So the land is ours but the home on our... Read more »

1 Answer | Asked in Bankruptcy and Collections for Illinois on
Q: In Cook County Illinois, is there a time limit to quash a summons that was not properly or served at all?

A credit collection got a judgment against me nearly two decades ago. I was not aware of the proceedings, therefore never responded and it was a default judgment in 10/2005.

Subsequently the judgment was renewed in my new state of residence, again unbeknownst to me, and now are attempting... Read more »

Timothy Denison
Timothy Denison
answered on May 30, 2023

You should be able to still challenge it in the court in which it was made.

1 Answer | Asked in Bankruptcy on
Q: Question regarding Chapter 7 bankruptcy.

I live with my mom and my brother ,and my mom getting SSI income $850 a month. and she has like 15K credit card debt . My brother file his taxes individually and I claim my mom as a dependent, and for last few years I was paying her bills but I can't do it any more . Me and my brother... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 28, 2023

Your question lacks a number of critical facts, e.g., whether your mother claims the two of you as "dependents" on her income tax returns, etc. In addition, from your question, I do not think you comprehend what/how your mom's income is computed.

That said, your best path is...
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0 Answers | Asked in Bankruptcy for Texas on
Q: Our debts are piling up and we are seriously considering bankruptcy as 26 and 27. Should we or not?

we have defaulted on all our credit cards with some being charged off; a car loan as well and have the gloom of being sued and trying to get on a payment plan with student loans likely coming down the pike soon, We are considering bankruptcy to get some income back and hopefully rebuild credit... Read more »

1 Answer | Asked in Bankruptcy for Texas on
Q: Our debts are piling up and we are seriously considering bankruptcy as 26 and 27. Should we or not?

we have defaulted on all our credit cards with some being charged off; a car loan as well and have the gloom of being sued and trying to get on a payment plan with student loans likely coming down the pike soon, We are considering bankruptcy to get some income back and hopefully rebuild credit... Read more »

Timothy Denison
Timothy Denison
answered on May 28, 2023

Possibly. You should consult an experienced bankruptcy attorney to review your entire financial situation and help you make the right decision.

0 Answers | Asked in Bankruptcy and Civil Litigation for Texas on
Q: Does a district judge have jurisdiction for a summary judgement over a bankruptcy order in texas

8 years ago a bankruptcy order was done one party didn’t do what they were suppose to im in a civil suit with them but I have no lawyer can a summery judgment be heard by the civil judge over the bankruptcy order. Or do they not have jurisdiction over it. And if I have to go to the bankrupsty... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Estate Planning and Collections for Florida on
Q: 2006 Judgment Still an Issue--New Developments

01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.

01/2009 I moved to Florida and three years later they registered the judgment in Florida.

09/2000 They garnished a checking account.

No communication from them between... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 26, 2023

Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... Read more »

2 Answers | Asked in Bankruptcy for Oklahoma on
Q: If the plaintiff of a chapter 7 bankruptcy is also the plaintiff of an ongoing personal injury settlement what happens?

I realize x amount of funds are exempt but will the personal injury case itself be stopped? What happens with their medical bills regarding the suit and the suit itself?

To be clear, I am in the court process with the defendant on the personal injury lawsuit that happened prior. I know any... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 26, 2023

You most probably already have Oklahoma bankruptcy counsel representing you, and he/she would no doubt be your best source of information and advice about these issues, especially because counsel would probably be familiar with the bankruptcy judge and Ch. 7 trustee assigned to your case.... Read more »

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: When the chapter 13 petition is over what will the bank require me to do about my conventional mortgage

Do I just continue to pay them or what will happen I’m just making sure they can take my home after the bankruptcy is over thanks

Randall R. Saxton
Randall R. Saxton
answered on May 25, 2023

You will just restart paying the bank directly.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I have a conventional mortgage loan with the bank and they require you to refinance the home every 7 or 10 years

What will happen if I file a chapter 13 bankruptcy will they ask me to refinance or will they take my home

Timothy Denison
Timothy Denison
answered on May 25, 2023

They cannot ask you to refi or take your home if you file a chapter 13 petition.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I file chapter 13 bankruptcy can I add my home if it’s a conventional mortgage loan

I home is financed threw a bank with a convention loan how does this work if I file chapter 13 bankruptcy

Randall R. Saxton
Randall R. Saxton
answered on May 25, 2023

You can include your home in a Chapter 13 plan, and your payment remains the same. If you owe an arrearage, you can spread out and pay back the arrears over the life of the plan.

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0 Answers | Asked in Bankruptcy for New Mexico on
Q: Legal help for co-signer on car loan?

Is there any legal help I can get to obtain possession of a car in co-signed for on a loan? My son, who has the same as me, has consistently failed to make monthly payments, forcing me to make them to keep my credit standing.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Legal help for co-signer on car loan?

Is there any legal help I can get to obtain possession of a car in co-signed for on a loan? My son, who has the same as me, has consistently failed to make monthly payments, forcing me to make them to keep my credit standing.

Timothy Denison
Timothy Denison
answered on May 25, 2023

Depends on whether the car is titled in your name.

2 Answers | Asked in Bankruptcy for North Carolina on
Q: Mother filed bankruptcy in 11/21/2014 she been making payments on house since then now I found out house under bankruptc

Any thing I can do

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 24, 2023

All debt is included in a bankruptcy. You provide no details at all about what you want to do, so I will take a few guesses. The mortgage payments do not have to be reported to the credit bureau. They do need to give her credit for the payments. Your mother should reach back out to the attorney who... Read more »

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: My mother filed bankruptcy 7 11/21/2014 case # 14-06800-5-dmv what I need know her house was under bankruptcy she been

making payments sent then she had no idea she didn’t have make I just found out this is their any recourse I can take

Damon Duncan
Damon Duncan
answered on May 24, 2023

If I understand your question correctly, you are concerned because you feel like your mother has been making payments on a mortgage that she didn't have to make. If that's correct, it depends on whether your mother wants to keep the property. If she did (does) not want to keep the... Read more »

2 Answers | Asked in Bankruptcy for North Carolina on
Q: If my husband files BK or engages the services of a debt relief agency do I have to sign on too? Thank you for your time

It's hubby's credit cards that are the problem. I'm not on any of the accounts, but will I have to sign on if he wants to do this? I'm not clear on the laws in North Carolina regarding spouses and bankruptcy or debt relief. Thank you for your time.

Damon Duncan
Damon Duncan
answered on May 24, 2023

You are not required to file a bankruptcy with your spouse. However, they will look at your income and the household expenses. As long as you are not a co-debtor on any of the debts that he will include in his bankruptcy then his filing of the bankruptcy should not have a negative impact on your... Read more »

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2 Answers | Asked in Bankruptcy for Georgia on
Q: Recently disabled, under a chapter 13 and the attorney we used said our payments can not be reduced! No way i can pay ?

Had to retire from my job after 27 years. Fortunately I am able to draw Teachers Retirement disability but its 57% of my salary . I have long term disability but afraid to file clain because of payback rules i do not understand. Im not trying to get out of my obligation. Just need it reduced .... Read more »

Martha Warriner Jarrett
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answered on May 23, 2023

There are provisions in the Bankruptcy Code for asking the court to modify your Chapter 13 plan based on a change of circumstances. If your current attorney is refusing to do so, and hasn't adequately explained it to you, you should consult another attorney in your area. Most will offer a free... Read more »

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2 Answers | Asked in Bankruptcy and Real Estate Law on
Q: how to clear judgement in california

when we were move out of country , judgement was on all of our property in california. how we can get rid of our judgement

Timothy Denison
Timothy Denison
answered on May 23, 2023

1) pay the judgment; 2) negotiate a settlement of the judgment; 3 file bankruptcy.

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