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1. N.E. 505, 141 N.Y. 479, affirmed 16 S.Ct.
1073, 41 L.Ed. 287. S. Is United States foreign land to the United States of America?
2. Is Common law the law of the land? Hale v Hankel 201 U.S. 43
3. Is the Attorney’s first duty to the courts? Doesn’t that make it a... View More 
I received a letter from an attorney offering his services in connection with a lawsuit filed against me by a debt collector. As this was the first time I had heard of this, I believed it was a scam. Using this mail from the attorney, I was able to locate the case number in the court docket online... View More
answered on Aug 29, 2024
1. No. Wait until you are served. 2. Yes, at some point but it is their obligation to serve you. 3. Yes. A lawyer may be able to negotiate and/or resolve for you.
File the case on1/18/2024 the defendant didn’t answer until 2/29/2024 with a motion to dismiss and verified answer defense. I did a MSJ on 6/10/2024 and the defendant did not answer until 7/15/2024 with a request for oral hearing and another motion to dismiss once filing late to answer. How can I... View More
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answered on Aug 15, 2024
When seeking a default judgment against a defendant who repeatedly misses deadlines, focus on their failure to comply with the court's timeline. Highlight that the defendant did not answer the case until well after the initial deadline and that they have continued to delay proceedings by... View More
I haven't had steady work since the case against me by my former attorney was filed in 2022. But she still said I waswillingly failing to pay attorney fees. The attorney already committed legal malpractice by failing to protect my interest protected by Georgia statutory law.
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answered on Aug 5, 2024
It sounds like you're dealing with a complex situation involving legal representation and a contempt ruling. Since you were without representation during the hearing, you might have grounds to challenge the ruling based on the lack of a fair opportunity to present your case. It’s crucial to... View More
Is this the same as canceling the bankruptcy? If the motion is granted, does that mean creditors will not be paid? Do I need to hire an attorney and attend the upcoming hearing regarding this motion in order to protect my interests?
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answered on Jul 18, 2024
When a Chapter 13 debtor files a motion to suspend plan payments, it means they are requesting a temporary halt to their bankruptcy payment plan, usually due to a financial hardship. This is not the same as canceling the bankruptcy. If the motion is granted, the debtor may temporarily stop making... View More
My father filed for chapter 7 bankruptcy on May 23rd 2024. He gifted me cash to help me out in February 2022. Am I (the recipient) on the hook to pay that money back to the trustee? This would be over two years ago. He had no idea he would run into enough trouble for bankruptcy at the time in 2022.
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answered on Jul 18, 2024
It's understandable to be concerned about receiving money before a family member's bankruptcy filing. In your case, since the gift from your father was given in February 2022, over two years before he filed for Chapter 7 bankruptcy, you are generally not required to return the money to... View More
My one secure debt is from me stupidly pawning my car title. I owe $5500. I was told I’d pay $136 + $620 a month for TM with TM being paid off in 8 months. But my petition shows I will pay $756 for 36 months. Will my payment drop to the $136 a month once TitleMax is paid off?
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answered on Nov 5, 2023
In a Chapter 13 bankruptcy plan, your payment can indeed change over time. If your plan is structured so that you're paying off the TitleMax loan within 8 months, once that debt is fully paid, your plan payment may be adjusted. However, this depends on the other debts included in your plan and... View More
If I can still sell house now and stop bankrupcy for actually going thru in ga. How much time do I have bf I must cancel and avoid it from going thru?
answered on Nov 5, 2023
You don't say so, but it sounds as if you filed pro se, without counsel, and that's always dicey for a non-lawyer.
If you filed at least the minimum required documents (the Petition, a Certificate that you completed the approved counseling course prior to filing, and a full list... View More
I am suing in Georgia small claims for 14k. I had an agreement with the defendant that I would put them on my credit card to build their credit and they would pay me monthly on charges incurred. They ran up the card 10k. I've filed the suit, defendant has been served. While I wait for the... View More
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answered on Nov 4, 2023
It depends on when the defendant filed his last bankruptcy. If he received a chapter 7 discharge, he must wait at least 8 years before he can file again. If it was a chapter 13 discharge, he only needs to wait two years to file another chapter 13. After a chapter 13 discharge, he has to wait 6... View More
So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?
answered on Sep 8, 2023
Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).
A general partner is personally liable for the debts of a... View More
I want to file Chapter 7. I have turned in all documents asked and both case had been filed as of 8 days
answered on Jul 26, 2023
No two cases are alike, and no two clients, who generate necessary factual information, are alike either.
The preparation of the full Bankruptcy Schedules requires across the board info from the client, both currently and for as long as six years ago.
I've been doing bankruptcy... View More
What route should I take ? I am worried about having a place to live .
answered on Jul 15, 2023
For most debtors, the primary purpose of Chapter 13 is to "save the house".
Ch. 13 enables you to retain the property, make current payments as they fall due, and cure any mortgage deficiency by paying the amount past due on the mortgage debt over the period of the plan (up to... View More
I'm 2yrs into a 13. When I enforce HOA to act (repair/replace/maintain) twice on separate occasions their rep's have responded with "oh and by the way...you owe this on your bankruptcy; attached is an account ledger; we advise you to reach out to our (sic) attorney's to... View More
answered on Jun 20, 2023
Your attorney is correct. That is not a violation of the automatic stay nor is it an attempt to collect a debt. While they may have referenced it when you called them, they did not take any affirmative act toward collecting the debt. Id stay with your current lawyers. They are trying to keep... View More
Hello, I was served with papers on May 23rd which started my 30 days to respond from Prestige Financial. I had filed bankruptcy, Ch. 7 in April 2021 and got a car through Prestige. They were 1 of many people that sent me letters about getting a car because I filed bankruptcy. I'm a married... View More
answered on Jun 14, 2023
Determine whether you view the debt first. If you don’t, challenge it in court. If you do, try and negotiate a payment plan or lump sum payment to resolve. Consular sn attorney who can help you choose the right path.
Times are tough for me i have a lot of medical debt and i'm thinking of filing chapter 7, i live in a moble home worth 9,000 on rented land and a 10,000 non cashable life insurance policy,7 firearm value at 1,500 clothes 150 and 25 bucks in my saving account.Would i be able to keep all these... View More
answered on Jun 7, 2023
Most likely you’d be able to keep everything using your exemptions. Consult a competent bankruptcy practitioner who can evaluate your financial situation and help you make the right decision.
In GA, what is the avg timespan from hiring an attny to the actual filing of Chapter 11 paperwork? We purchased shares of a local business directly from the owner on February 2 and they filed for bankruptcy March 1. During our meetings, they advised they were going to be using the funds to expand... View More
answered on Jun 7, 2023
It could be construed as fraudulent conduct. I would tread very carefully in this matter to avoid any allegations of fraud or misconduct.
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 .... View More
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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... View More
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?
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.... View More
I have 8 months left in my Chapter 13 and never missed any payments. In a month or so, I’ll be getting a $25K inheritance. Is it likely the trustee will try to take it? I have an attorney who will file a Motion to Retain, just thought to get a second opinion.
***UPDATE***
Motion... View More
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