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Andrew Vaughn Winchell

Andrew Winchell’s Answers

5 total

  • I have a fully retained bankruptcy attorney and I am receiving information supeona's.

    My attorney's office is telling me that I do not have to fill out the supeona information sheets and they take them from me. I have had this office retained now for only a week. I am concerned because the creditor's attorney letter states I can ...

    Andrew’s Answer

    Once a bankruptcy case is filed, the automatic stay takes effect and prevents creditors from taking most actions to enforce debts. If a client for whom I was preparing a bankruptcy petition showed me an information subpoena, I would determine whether we could file the case before there would be any real chance of the creditor taking any action that would harm the client.

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  • Need a foreclosure lawyer or Bankrupcy one?

    was waiting for bankruptcy to be finished in the meantime I have a foreclosure ltr arrived and now they want $80,000 to pull the foreclosure. i make 8.00 an hour in a nursery school. My spouse is on SSA and son too. Should i call both attorneys ...

    Andrew’s Answer

    It will depend upon the particular circumstances but if your bankruptcy attorney isn't helping, you probably should contact another attorney and see whether he or she can help. Many bankruptcy representations have a limited scope. Your needs also might be beyond your bankruptcy attorney's expertise.

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  • Can I keep my cars if I file bankruptcy?

    Will the judge tell me I have to sell them first before filing? I am a single mother of 1. The one car is mine and is a 2004, the other is my son's and a 2003 but they're both under my name. There are no payments on either car.

    Andrew’s Answer

    Whether you lose the cars depends upon the value of the cars and the value of the other property that you have that you might be able to claim as exempt. You should consult with a competent bankruptcy attorney in New Jersey to see what your options are.

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  • Should I file for Bankruptcy?

    I am 29 years old, own 3 houses, was working in real estate but with the economic downturn I went back to school and only work partime. I am now student teaching, have basically no income other than the rental income on the 3 properties. I have ...

    Andrew’s Answer

    You probably should consult with a bankruptcy attorney in your area and he or she can lay out the options for you. Most of us will give a free consultation to explain the various alternatives. Because your income is low, you might be able to qualify for a chapter 7 bankruptcy. But a chapter 13 might be possible as well.

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  • Credit card dept.

    I have a friend who has a large credit card debt. He hasn't paid them in over a year. They went to court and now they took all his saving from his checking account. He doesn't know what to do he cannot pay them. Can he claim bankruptcy?

    Andrew’s Answer

    He should contact an attorney who handles bankruptcy as soon as he can. Most credit card debts can be discharged in bankruptcy. But he is better off if he speaks to a bankruptcy attorney who can lay out his options for him. The sooner the better too.

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