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Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Civil Litigation for Louisiana on
Q: Went to court on an unpaid debt. Creditor was granted judgement. I called the creditor to set up payment plan and they w

will not set up payment plan. I have made several offers of monthly amounts that I can pay but they will not accept. When in court the judge told me to call and set up payment plan but now that's not happening. What should I do?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 6, 2023

Did you call the actual creditor or did you call the attorney for the creditor. If oyu called the actual creditor, then I would contact the attorney for the creditor and make the same request----usually they will either discuss your request and pass it on to the creditor, or they will provide you... Read more »

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1 Answer | 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, 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

A: 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 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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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 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: 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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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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1 Answer | Asked in Bankruptcy for Louisiana on
Q: I am a co-signer on a vehicle. If I file bankruptcy will it affect the owner of the vehicle.

Thank you

Kellie

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 21, 2023

If you file for Chapter 13 relief, there is a "co-debtor stay" that takes effect when the Petition is filed with the bankruptcy court, which pertains to claims that are "dealt with" by the Plan.

If you file for Ch. 7 relief, there is no co-debtor stay, and the vehicle...
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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Georgia on
Q: I won 50,000 from the ga lottery, what entities will collect debt from my winnings, be specific. Med bills, cellphon bil

I just want to know what agencies or anything can collect debt out of my Georgia lottery winnings when I go to collect. Like will medical bills cell phone carriers, credit card companies?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 20, 2023

You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.

If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders....
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2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I purchased a small lot 40 by 115 and the seller did a quit claim deed in 2014 and if I file chapter 7 can they take

My husband and I bought this lot in 2014 and we have a quit claim deed can if we file chapter 7 can bankruptcy take it

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 20, 2023

A Chapter 7 bankruptcy trustee stands in the shoes of the debtor with respect to all assets of the estate.

The bankruptcy schedules require you, under penalty of perjury, to list all your assets.

The answer to your question is yes, the property, if it has equity value, can be sold...
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3 Answers | Asked in Bankruptcy for California on
Q: I am living with my boyfriend and he receive debt collectors letters and doesn’t pay, can they come after me ?
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Generally, if you are not a joint account holder or co-signer on your boyfriend's debts, you are not legally responsible for his debts. Debt collectors typically cannot come after you personally for his debts unless you have a legal obligation to repay them. However, it is important to be... Read more »

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1 Answer | Asked in Bankruptcy, Divorce and Family Law for Texas on
Q: My husband and I are divorcing but we both need to file bankruptcy. Which should we file first?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 19, 2023

A reliable answer to your question can only be given after a full review of your respective financial circumstances.

That said, domestic relations SUPPORT obligations (spouse or children) are generally not modifiable by a bankruptcy court. However, payments in the nature of property...
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2 Answers | Asked in Bankruptcy for Texas on
Q: Will I be able to keep my home if I file for chapter 7 bankruptcy and will the lien on my home be removed? Thanks
John Michael Frick
John Michael Frick
answered on May 19, 2023

Generally, as long as you timely pay any debt secured by your home, you should be able to keep your home.

Generally, any valid lien on your home will remain until the debt secured by the home is paid.

If you fail to pay a valid debt secured by your home, the lender can ask the...
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can a debt be validated after wages have been garnished?

I was making payments on an old account with the courts but missed several payments. Now my wages have been garnished but the amount owed has tripled due to prejudgment interest. Is that legal?

Anthony M. Avery
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answered on May 18, 2023

You can ask the Court Clerk to explain the Judgment amount to you. But it will legally grow exponentially with time. Read whatever contract you had with Creditor, and if none, read the Judgment. BR is a possible option, and be careful with your assets. A Notice of Exempt Property might be... Read more »

1 Answer | Asked in Bankruptcy and Banking for Pennsylvania on
Q: I currently have a loan with a lien on my car. I’m financially able to make the payments for the loan however,

The car needs $8000+ in repairs mechanically and the car is not worth that so it is pointless to dump money into it. I’m wondering if I can just surrender the car and continue to make payments on the loan or will there be serious issues with that. Can they take it and sell it and allow me to make... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 17, 2023

Once a bankruptcy case is filed, the Code provides that you can tender the collateral to the secured lender in full satisfaction of the secured portion of its claim (there may be disputes about the value of the collateral).

Short of a bankruptcy filing, you can certainly offer the car to...
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1 Answer | Asked in Insurance Bad Faith and Bankruptcy for Kansas on
Q: My insurance company filed bankruptcy and left me with a $22,000 bill. The Receivership denied my claim

Because the hospital failed to provide information in a timely manner. What should I do?

Tim Akpinar
Tim Akpinar
answered on May 16, 2023

A Kansas attorney could advise best, but your question remains open for four weeks. You may need to consult with a local attorney on this, but you could first reach out to the Kansas Department of Insurance to see if they could offer guidance. Departments of insurance nationwide monitor and oversee... Read more »

3 Answers | Asked in Bankruptcy for California on
Q: Is my unborn baby considered part of California's Median Family Income? Or does that start at birth?

I'm asking because I will have to file chapter 7 and the Minimum bankruptcy income is different with more family members.

Leon Bayer
Leon Bayer
answered on May 16, 2023

In California the prevailing policy is to determine household size by the number of "heads on pillows."

Hopefully it won't make any difference whether you count the baby. If it makes a difference, then wait to file, if possible, until after the baby is born. Or else file now,...
Read more »

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