Car needed approx 5k in repairs. The BK lawyer advised Chase they could come and get. Bank never came, 6 months later house was sold, we had to move. Chase never picked up car after they were advised to do so twice. I still had a title and my taks and insurance on it, so I couldn't leave auto... View More 
answered on May 12, 2023
There is some good news and bad news in this situation.
If you never paid the remaining balance due on the car, you do not own the car and the lien on the car remains with the lender. The good news, however, is that you are not responsible for any of the debt associated with the car... View More
I recently had a repossession on my car I decided to file bankruptcy to obtain the automatic stay. When I presented the automatic stay to my creditor they informed me that I would have to get the 13 plan in before they can release my car to me. Is that an accurate statement? How do you fill out the... View More
answered on May 10, 2023
Under very recent US Supreme Court opinions (thanks Justices Thomas, Alito et al.), a vehicle-secured lender (already under special bankruptcy code protections against modifcation of a finance done within 2 years and 9 months of the bankruptcy filing date), now enjoys a further right to demand... View More
I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... View More
answered on Oct 24, 2022
Several of my bankruptcy clients have used such "debt resolution" services before engaging me, and none have good things to say about them or their effectiveness.
A bankruptcy case, filed in a real court, is the only path to a legally enforceable discharge of debt. Anything short... View More
I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... View More
answered on Oct 28, 2022
Debt settlement programs can work, but the problems happen when they do not (and unfortunately is often that the programs do not work). The payments you made are based on what the debt settlement company expects the creditor to accept. If the creditor wants more than they or refuses to settle, then... View More
I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... View More
answered on Oct 21, 2022
You are right to be skeptical. There is no certainty that your creditors will agree to settle your debts. A 'good settlement' now is typically 50 cents on the dollar, with many creditors requiring an even higher amount. You are only paying enough money to offer your creditors 40 cents... View More
I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... View More
answered on Oct 20, 2022
Once you accumulate a certain amount of money, they will negotiate with your creditors to accept that amount in full resolution of the debt. However, in the meantime, you will be in arrears (not paying), which will affect your credit. Obviously, the debt resolution company keeps a portion of that... View More
I haven’t received any statement showing where the garnishment is going.
answered on Oct 9, 2022
In Maryland, the Creditor that is garnishing you must provide Judgment Creditor’s Monthly Report to both you and your employer within 15 days after the end of any month in which payments are received. If they are not providing same to you, a Motion can be filed for sanctions. This report will... View More
I haven’t received any statement showing where the garnishment is going.
answered on Sep 15, 2022
Statements stopped when the account charged off. The garnishments are applied to the judgment; the law firm handling the garnishment keeps the balance and will give you a balance on occasion. They will not send you a monthly statement.
I haven’t received any statement showing where the garnishment is going.
answered on Sep 15, 2022
If I understand you correctly, they got a judgment against you and have filed a wage garnishment against you, correct?
If so, then under MD law, they are required each month to send you a Judgment Creditor report, which shows a breakdown of the amounts paid and allocation. If they... View More
What happens if the business shutters without notifying the credit card company to whom the money is owed? Does an officer of the company have to appear in bankruptcy court?
answered on Jul 11, 2022
A corporate entity's authority to file a voluntary bankruptcy case may be tested, e.g., the recent NRA filing. Normally, it suffices to file a duly executed corporate resolution showing action by the board of directors, and yes, a corporate officer must appear for at least the 341 meeting... View More
What happens if the business shutters without notifying the credit card company to whom the money is owed? Does an officer of the company have to appear in bankruptcy court?
answered on Jul 11, 2022
(follow up) You should note that a corporation is not eligible for the grant of a Discharge in bankruptcy. Usually, it is advisable to file articles of dissolution with the state of incorporation (or of domestication) following a bankruptcy filing.
If any individual principals of the... View More
I filed a small claim, but my case was put on hold b/c the person filed for BR. However, she did not list me on the creditors matrix. Her case was dismissed w/o prejudice in 2020. Will she be able to refile BR if I reopen my small claim agains her?
answered on Jul 6, 2022
The effect of a dismissal of a bankruptcy case is as if it had never been filed in the first place.
Yes, she'd probably be able to file again ("changed circumstances"), but your small claims case will almost certainly not be the reason why if she does.
I was told by the mortgage company that the mortgage statement was not correct that If I refinance or sell the property that I still live in, That I would only be responsible for the principal balance of $66k.
However, the statement says there is a deferred balance of 189k.
Over... View More
answered on Jun 30, 2022
It is clear that the mortgage company representative is melding two issues together to come up with a nonsensical result. The issue here is that while the Chapter 7 discharge absolves you of personal responsibility on the loan the liens remain. So, the deferred balance is part of the lien that... View More
In 2014/2015 I took out an auto loan through my credit union, paid off loan by 2018, and filed Ch.7 in 2020. I had a credit card through the same credit union with about $1000 balance when the Ch.7 was discharged. I was never advised by the attorney, court, or credit union of the... View More
answered on May 13, 2022
All credit unions with which I have had experience including as a member and as a lawyer have deposit agreements with cross-collateralization. I think credit unions are a great asset to the economy, but I always advise my clients to be careful in their loan transactions including cards with the... View More
In 2014/2015 I took out an auto loan through my credit union, paid off loan by 2018, and filed Ch.7 in 2020. I had a credit card through the same credit union with about $1000 balance when the Ch.7 was discharged. I was never advised by the attorney, court, or credit union of the... View More
answered on May 13, 2022
Since the car was paid off in 2018 the release should have been given to you, regardless of any balance on the credit card, at that time. Said another way, the event that gave rise to the lien release happened before the bankruptcy case was filed. The cross collateralization clause cannot affect... View More
My wife is not co-operating. Do I need a lawyer? Do I need to talk to police? I don't want to lose my belongings.
answered on Jun 28, 2023
Make a motion in your divorce case for leave to get your personal items.
answered on May 5, 2023
If the car was repoed before the filing, they do not have to return it but if it was repoed after the filing, they must return te car to you.
I have done my taxes both jointly and separately-
Jointly the total refund = $3063, Separately: Spouse #1: $1100 refund and Spouse #2/Debtor: $950 refund
I see in the Chapter 13 Plan- that if I "file jointly Debtor may retain $1500"- is that of the total $3063 or do... View More
I've requested contact from the court nothing, explained the distance issue and that I brought the vehicle 20min from my home. What can I do?
answered on Mar 27, 2023
File a challenge to the barn. Hire a lawyer in that town to handle for you. File bankruptcy where you are.
answered on Mar 14, 2023
Yes, although I’m not sure what a fee waiver has to do with plan payments bc they are not the same thing.
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