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answered on Jul 4, 2018
Possibly, yes. Depends on the terms of the guarantee you signed.
answered on Jul 1, 2018
The action is stayed means no further proceedings against you personally right now. Writ of possession not stayed means they are entitled to possession of the realty immediately, meaning they can remove you from the premises if necessary.
answered on Jun 29, 2018
Both parties if you live together for purposes of the means test.
Being sued by Portfolio Recovery Associates for $2849 for credit card debt. Amount seems wrong. Exhibits they included were just two old statements, generic terms and conditions and generic bill of sale that doesn't specify my account as being included in the sale. No signed contract included.... View More 
answered on Jun 28, 2018
The lack of a signed contract does not preclude the creditor from filing suit to collect the debt. Many times the contract is lost or destroyed but the creditor can still prove his case by circumstantial evidence, such as statements, payments, mailing address, etc.
Being sued by Portfolio Recovery Associates for $2849 for credit card debt. I don't think the amount is correct. Exhibits they included were just two old statements, generic terms and conditions and generic bill of sale that doesn't specify my account as being included in the sale. No... View More
answered on Jun 26, 2018
Yes. You can still be sued. Deny everything in your answer and then you can hem you can negotiate the amount.
I don't want to file bankruptcy because I want to buy a house. The creditor stated I could make them a settlement offer or make monthly installments. Should I have a lawyer negotiate this for me or start at accepting 40% of the debt. The car was only sold for $600 at a private sale. I was... View More
answered on Jun 14, 2018
Hire an attorney, let him negotiate the debt, pay settlement lump sum.
answered on Jun 14, 2018
Hire an attorney, negotiate a compromised settlement, and pay it lump sum.
answered on Jun 13, 2018
Most likely, yes. Consult a local attorney who can help you determine which chapter is best for you.
answered on May 31, 2018
Yes, if you first obtain permission from the bankruptcy court.
My child support is high causing these other bills to not be paid will they allow me to reaffirm all but those accounts?
I owe several medical bills, had a car repossessed, home is paid for but had a fifa on it.
answered on May 23, 2018
Yes, if you have some income to pay a partial repayment plan.
I rented a car that I let someone drive and they totaled the car and now sense I have not paid the money they want to suspend my license in a judgement
Saying it might be dismissed because debtors plan will exceed 60 mo. by 4 mo. They already signed off on it several months ago! Why is this when it was their error?
answered on Apr 2, 2018
It is not the trustee's error. Claims sometimes come in higher than expected or sometimes they are amended. Also, if your husband missed a payment or only paid a partial payment, then the term could exceed 60 months. Chapter 13 is a giant math problem and the trustee's system spits... View More
answered on Apr 2, 2018
The secured creditor's failure to file a proof of claim does not eliminate the lien filed in your state clerk's records. If the secured lender does not file a proof of claim it will not participate in the Chapter 13 distributions but its lien and right to collect remain and will survive... View More
House was discharged in bankruptcy. Still has a lein . can it be enforced
answered on Mar 28, 2018
Secured debts are not discharged in bankruptcy. Only the unsecured amount (this would be amount you owe above the value of the property) would be discharged. This essentially means that the house is still subject to the mortgage lien, but even if the value of the house is not enough to pay your... View More
he filed in 2017 chpt 13, house is in both our names
answered on Mar 20, 2018
No, the court is going to require you to address the disposition of your house in the divorce. Regardless, the bankruptcy stay will prevent you from getting a final order until the bankruptcy is resolved.
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