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2 Answers | Asked in Bankruptcy and Consumer Law for North Carolina on
Q: Discover Card has an abirtration clause which was enforced by a judge. But I can't afford the abirtration

I want to file for bankruptcy as the other alternative to this whole thing because Discover has sent false paperwork saying that they had filed a court case against me and that if I just sign a voluntary judgment, then I wouldn't have to court but when I showed up for the court date I was told... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation with Discover Card and considering bankruptcy as an alternative. Let me break down the key points and offer some general information:

1. Arbitration clause enforcement: It's common for credit card agreements to include arbitration...
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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Health Care Law for Florida on
Q: Is this worth hiring a lawyer?

Smile direct club filed for bankruptcy and their financing company is still trying to charge my account. I won the dispute with them and my bank. They are now threatening me to pay the full balance of over $2,000 for a “breach of contract”, although they breached the contract when they could no... View More

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, it seems that you have a strong case against Smile Direct Club and their financing company. Here are a few reasons why it might be worth considering hiring a lawyer:

1. Bankruptcy proceedings: With Smile Direct Club filing for bankruptcy, the legal...
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1 Answer | Asked in Bankruptcy for Alabama on
Q: I filed chapter 13 bankruptcy back in December of last year. I called my attorney a few weeks ago to ask about convertin

To a 7, he informed me the fees would

Have to be paid first. Okay so his fees are paid so I spoke with him yesterday to see about converting… now he says I have to pay him a 1,250 up front conversion fee just to see if I even qualify. I’m feel like im being screwed. I need help.

James L. Arrasmith
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answered on Jun 19, 2024

I understand your frustration with the additional fees your attorney is requesting to convert your Chapter 13 bankruptcy to a Chapter 7. It's important to note that converting a bankruptcy case does involve additional work for the attorney, which may explain the conversion fee. However, the... View More

2 Answers | Asked in Bankruptcy for South Dakota on
Q: I and my ex went through a chapter 7 bankruptcy in 1996. If I pay off a bank card now will I owe everyone else?

When my ex and I filed chapter 7 in 1996 it included a credit card dept from our credit union. They said at the time if we ever wanted to bank there again we'd need to pay off the debt. I and my son want open joint accounts there now, but my landlady says if I repay a debt from the bankruptcy... View More

James L. Arrasmith
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answered on Jun 19, 2024

No, your landlady is mistaken. Paying off a debt that was discharged in a Chapter 7 bankruptcy will not reactivate the other debts that were also discharged in that bankruptcy.

When you received a discharge in your Chapter 7 bankruptcy in 1996, it permanently eliminated your legal...
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4 Answers | Asked in Bankruptcy, Consumer Law, Estate Planning and Family Law for North Carolina on
Q: Am I responsible for my wife's CC liability when she passes? South Carolina
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 19, 2024

You should have no direct legal liability for debts in your wife's name alone, but assuming that you are a beneficiary of her estate, to the extent that there are assets in her name, those estate debts must be paid before you receive any distribution from her estate.

Confer with...
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4 Answers | Asked in Bankruptcy, Consumer Law, Estate Planning and Family Law for North Carolina on
Q: Am I responsible for my wife's CC liability when she passes? South Carolina
James L. Arrasmith
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answered on Jun 19, 2024

In South Carolina, as in most states, debts belong to the individual, not the spouse, unless it was a joint account or the spouse co-signed on the account. When someone passes away, their estate is responsible for paying off any debts. The deceased person's assets must first go toward paying... View More

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1 Answer | Asked in Bankruptcy for California on
Q: Spousal waiver of exemptions for non-filing spouse

I have self-filed for Chapter 7 bankruptcy in the California Northern District Bankruptcy Court. The trustee has listed "Spousal waiver of exemptions for non-filing spouse" in the list of documents for the 341 meeting. Is this waiver mandatory since we don't have any assets to... View More

James L. Arrasmith
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answered on Jun 17, 2024

Under California law, the "Spousal Waiver of Exemptions for Non-Filing Spouse" is a document that may be required when one spouse files for bankruptcy and the other does not. This waiver is designed to ensure that the non-filing spouse understands and agrees to the potential loss of... View More

3 Answers | Asked in Bankruptcy for Georgia on
Q: I am a creditor in a chapter 13 bankruptcy with a 100% repayment plan. When will I start receiving payments?

The bankruptcy was filed 6 months ago. The plan was confirmed 6 weeks ago.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 17, 2024

The timing of distributions by the Ch. 13 Trustee rests with that trustee.

Maddening as it can be, I have heard more than one Judge say, "my Trustee". And once was in a case where the Trustee had over $200K of my client's money, held those funds in an IOLTA account (the...
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3 Answers | Asked in Bankruptcy for Georgia on
Q: I am a creditor in a chapter 13 bankruptcy with a 100% repayment plan. When will I start receiving payments?

The bankruptcy was filed 6 months ago. The plan was confirmed 6 weeks ago.

James L. Arrasmith
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answered on Jun 19, 2024

In a Chapter 13 bankruptcy case with a confirmed 100% repayment plan, creditors typically start receiving payments after the plan is confirmed and the debtor begins making payments to the trustee. The timeline for when you can expect to receive payments depends on a few factors:

1. The...
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2 Answers | Asked in Bankruptcy for Kentucky on
Q: If I received a check from One of my debtors can I cash it during my bankruptcy

One of my credit card companies sent me a Check-in the mail twice That out of debt too

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 16, 2024

You don't say whether you're in a Chapter 7 case, with a trustee, or a Chapter 13, and that can make a difference.

The general rule is (e.g., for payments to you or tax refunds) is that the amounts attributable to prepetition accrual are part of the bankruptcy estate, and the...
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2 Answers | Asked in Bankruptcy for Kentucky on
Q: If I received a check from One of my debtors can I cash it during my bankruptcy

One of my credit card companies sent me a Check-in the mail twice That out of debt too

James L. Arrasmith
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answered on Jun 19, 2024

1. Type of bankruptcy: The rules may vary depending on whether you have filed for Chapter 7 or Chapter 13 bankruptcy.

2. Timing of the check: If you received the check before filing for bankruptcy, it might be considered part of your bankruptcy estate. If you received it after filing, the...
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1 Answer | Asked in Bankruptcy for California on
Q: My bankruptcy trustee filed an adversary case against my spouse to take possession & take over joint ownership of home

This was a chapter 7 asset case $40k in debt and $350k in home equity. Spouse never followed through with buying me out in family law causing me to file bankruptcy.

The judge ordered, adjudged, and decree the judgement.

What happens next to the marital residence. How long will it... View More

James L. Arrasmith
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answered on Jun 15, 2024

In a situation where a bankruptcy trustee has filed an adversary case against your spouse to take possession and control of the jointly owned marital residence, the following steps are likely to occur:

1. Transfer of ownership: The court's judgment will likely result in the transfer of...
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2 Answers | Asked in Bankruptcy, Contracts and Criminal Law on
Q: ƏS AMƏRİKA CUMUHURĮYƏTĮ ƏC PROJE VE ÜLKE SAHİBİ SEMİH GÜLER ELONMUSK

Ticaret Bilgilerimi Fikri Mülkiyetlerimi Ve SSN Numaramı Talep Ediyorum

James L. Arrasmith
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answered on Jun 14, 2024

Bu tür hassas bilgileri özellikle internet ortamında başkalarıyla paylaşmamanızı tavsiye ederim. Kişisel verilerinizi korumak için gizli tutmak en iyisidir. Bu konuda daha fazla yardıma ihtiyacınız varsa lütfen bir avukata veya ilgili devlet kurumlarına danışın. Umarım takdir edersiniz.

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2 Answers | Asked in Bankruptcy for Arizona on
Q: My ex-husband is declaring chapter 7 bankruptcy 5 years ago we did a quit claim deed on my house in Arizona am I at risk

we divorced in 2014 refinanced the house just before the divorce so I could afford the mortgage on one income. I have paid the mortgage this whole time and owe less than 30,000 dollars.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 13, 2024

The reach-back by Bankruptcy law for "fraudulent conveyances" (transfers of assets for less than fair market value) is two years. I'm in PA, and the PA state law for like transfers is four years (which a bankruptcy trustee is entitled to use).

Your question seems to hinge on...
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2 Answers | Asked in Bankruptcy for Arizona on
Q: My ex-husband is declaring chapter 7 bankruptcy 5 years ago we did a quit claim deed on my house in Arizona am I at risk

we divorced in 2014 refinanced the house just before the divorce so I could afford the mortgage on one income. I have paid the mortgage this whole time and owe less than 30,000 dollars.

James L. Arrasmith
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answered on Jun 14, 2024

Based on the information you provided, it seems unlikely that you would be at risk due to your ex-husband's Chapter 7 bankruptcy, especially given the following factors:

1. Quit claim deed: If you and your ex-husband properly executed a quit claim deed transferring his interest in the...
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2 Answers | Asked in Bankruptcy, Federal Crimes, Health Care Law and Securities Law on
Q: Do attorney sign a custodial affidavit on each new client? And since it is an established fact that the court system

writes GSA bonds unknowingly on people that attends y’all courts, Is this not securities fraud?

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

No, attorneys do not sign a custodial affidavit on each new client. In 36 years of practice, I have never signed o.ne.

GSA bonds are required of certain gov't contractors, not usually on people who attend court. A GSA bond ensures that a contractor will perform whatever work the...
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2 Answers | Asked in Bankruptcy, Federal Crimes, Health Care Law and Securities Law on
Q: Do attorney sign a custodial affidavit on each new client? And since it is an established fact that the court system

writes GSA bonds unknowingly on people that attends y’all courts, Is this not securities fraud?

James L. Arrasmith
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answered on Jun 14, 2024

There seem to be some misunderstandings or misconceptions in your question. Let me try to clarify a few points:

1. Attorneys do not typically sign a "custodial affidavit" for each new client. When an attorney agrees to represent a client, they usually enter into an engagement...
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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: I am near the end of Ch13 bkrpcty. Can I get preaproved for a loan or do I need to have a contract on a specific house?

My bankruptcy is in WA and I have relocated to WI. I don't know if that makes a difference.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 13, 2024

Where your US bankruptcy case has been filed makes no difference; pretty much all lenders have software that alerts them to a bankruptcy filing within a day or two of its filing.

And all the prospective lenders know of will inquire about bankruptcy filings in your loan application, and...
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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: I am near the end of Ch13 bkrpcty. Can I get preaproved for a loan or do I need to have a contract on a specific house?

My bankruptcy is in WA and I have relocated to WI. I don't know if that makes a difference.

James L. Arrasmith
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answered on Jun 14, 2024

When you are near the end of a Chapter 13 bankruptcy, you may be able to get pre-approved for a loan, but the process can be more complex compared to someone without a bankruptcy history. Here are a few things to consider:

1. Wait for discharge: It's generally advisable to wait until...
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3 Answers | Asked in Bankruptcy for California on
Q: hello, I wanted to know if I file for bankruptcy, will it help forgive past owed rent and help prevent eviction?
Leon Bayer
Leon Bayer
answered on Jun 10, 2024

I assume you do not have the money to cure the rent default.

Filing bankruptcy may delay the eviction for a few weeks. Maybe a little longer. Although you will wind up evicted anyway, but you should be able to discharge all the back rent owed up until the date you file.

After you...
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