Ronald Joseph Kim's Answers

How can I find out if a civil lawsuit has been filed against me?

First you should know that New York State law expressly forbids payday loans. When you applied for the loan the online service should have blocked your application as soon as you indicated a New York address. Accordingly, this firm's efforts to collect this loan, assuming you were a New York state resident when you got it, is on legally shaky grounds. Second, one way to determine if you have any judgements against you is to pull your credit report and review the "public records" section....

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Judgement was placed, only because no one showed up to court.

You did not indicate what type of judgement it is, but most judgements can easily be vacated within the first year that they have been entered, if you have a valid defense and reasonable excuse --which in this case would be the failure of the counsel you retained to take any action. So you might consider filing a motion to vacate the judgment under CPLR 5015. Keep in mind that the longer you delay this action, the more difficult it is to successfully vacate the judgment, so move quickly!...

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What can I do about a debt incurred before bankruptcy, but not made aware of until 2 years after bankruptcy?

If the debt existed at the time of your bankruptcy and you had a "no asset Chapter 7"--in other words the Trustee did not distribute any of your property to creditors, there are a number of Judges who have held that this debt is discharged and you should tell the debt collector that you believe it is discharged. If they fight you and continue to harass you, you may have to "reopen" your bankruptcy matter and add them to your petition. Contact your attorney in Florida.

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What is the best thing to do about a student loan that is in default?

DEBT COLLECTOR ON STUDENT LOANS STOP--do not give this debt collector your personal bank information. Ask yourself the following questions: First and most important do you trust them with this information? Why can't you just send them a money order? Do you know whether this debt collector actually has the right to collect this debt? Do you know for certain how much they will take off the top as a fee? Do they have a valid judgement against you? Has this debt collector advised...

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Mother died leaving assets to 5 children including r.e. which we have just closed on.she had a considerable amount of credit

No you are not personally liable to pay your mother's credit card debts and any debt collector who tells you that is violating the Fair Debt Collection Practices Act. Having said that, your Mother's estate may be liable for these debts and the executor of the estate should contact a qualified attorney to discuss this. Good luck,

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If you are going to file a chapter 7 can you transfer a piece of land?

TRANSFER OF LAND PRIOR TO CHAPTER 7 FILING If you transfer the land to your wife for no value and file Chapter 7 six months later, I can almost guarantee that you will have a Trustee looking very closely at the transaction to determine if it was a fraudulent transfer---even if it was pursuant to a divorce decree. Having said that, the final answer to your question will depend on the local practice in your area and the trustees on the Chapter 7 panel, so I would recommend that you...

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How long the personal Bankruptcy stays in credit reports..?

CREDIT REPORT AND BANKRUPTCY If you file a Chapter 7, the fact that you filed it will be on your credit reports for 10 years from the DATE OF FILING (not the later date of discharge.) If you file a Chapter 13, it will be on your credit reports for 7 years from the date of filing By the way, all credit cards and other debts that were discharged in your bankruptcy should be shown on your credit report as "included in bankruptcy." This is very important to improve your credit rating...

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What should i do,if my boss harassing me?

SEXUAL HARASSMENT BY BOSS/SUPERVISOR First and foremost each and every time your boss harasses you, you should be very clear to him that his behavior is unacceptable, unwanted and harassing. Next, keep a log or journal of each and every time you are harassed with specific, detailed information on each incident. Third, you should contact an attorney experienced in sexual harassment litigation right away to discuss the possibility of filing a complaint with the Equal Employment...

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Bank Statements requested after filing C-7

This is a very common request for a Chapter 7 Trustee. If you don't comply, some Trustees will not advance your case and issue a discharge. Good luck,

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Were any rights violated?

BOSS IS UNREASONABLE-WHAT ARE MY RIGHTS? My answer assumes that you are not a member of a union or have a specific written employment contract. There is no law against your boss being a jerk. Essentially what the Courts in New York have said is that since New York is an "at will employment" state which means that an employer can fire someone for any reason, no reason or even the wrong reason, the behavior of a boss is largely irrelevant UNLESS it crosses the line into discriminatory...

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