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Theodore Lyons Araujo
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Theodore Araujo’s Answers

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  • Wells Fargo wants to lift the automatic stay in my chapter 7 what does that mean?

    I don't mind them moving forward with foreclosure, I've been asking to do so for two years and they've refused to move forward (a large reason for my bankruptcy). I cant live there because it isn't safe (domestic violence) and it has been empty fo...

    Theodore’s Answer

    The automatic stay acts as a bar against any actions against you or the property of the estate. Lifting the stay only means that now they can do whatever they could have done had the bankruptcy not been filed (like foreclose, modify, etc.) but that does not mean you have any liability (unless you reaffirmed the home loan).

    Confirm this with your attorney! Good Luck.

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  • I have a judgment, and just got an order that I can put a lien on the debtee bank account. how long before I see the funds?

    We went to court and I won the warrant in debt. the individual has the means to pay in full, but is refusing, I got an order that allowed me to garnish his bank account, do I take it to the bank and get the money, or file it with the bank and they...

    Theodore’s Answer

    In New York you can send a restraining notice to the bank with the order or you can go to the Sheriff and get the order enforced, minus fees.

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  • Do we have 20 days or 30 days to respond to an amended complaint if it has been served electronically through the NYSCEF system?

    Thanks so much in advance!

    Theodore’s Answer

    Why wait? Also you can ask for an extension of time to file, but better to get ahead of it.

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  • Response to Request for Further Responses Without Objection

    If I am being asked for documents that I have already said i don't have access to, don't have control over, don't have custody over, how do I respond to a further request for documents? Am I supposed to go steal them? I don't wanna get in trouble ...

    Theodore’s Answer

    You have to object to the request. The attorney will bring a motion to compel production and you have to respond by stating your defenses. If you can get the documents through a reasonable amount of effort you are supposed to get them but you do not have to create documents that are responsive if they do not exist. if it is an account history or phone bills that you do not have but you can get them by requesting them you are supposed to (generally) get them and produce them.

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  • If a loan is predatory does the purchaser of the deed of trust on that loan assume liability?

    In this case the loan is a second and a paper trail confirms that it was predatory in every sense of the word. An automatic stay had been in place due to the lender's bankruptcy. With no notification to the homeowner, the note on this property ...

    Theodore’s Answer

    Usually the purchaser of a Note takes the Note without assuming the liability of the originator. Predatory lending issues, TILA etc., are not a defense to a foreclosure. You may have rights in defense of the foreclosure but you will have to locate an experienced attorney to help you assert these defenses, especially in California.

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  • My student loan is private, charged off in 2006 and is still on credit report. A collector called me to collect 9 years after.

    Can i get this off my credit report?

    Theodore’s Answer

    No. There is a long statute of limitations on student loans and a "charge off" is an accounting entry made by a bank. It does not satisfy the debt. private student loans have enhanced protections since a change in the bankruptcy laws in October 2005.

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  • A loan I had was paid off early because of a mistake the company made... They are now threatening to sue me, not my fault right?

    No details to add

    Theodore’s Answer

    How can a loan be paid off by mistake? If the bank made an accounting error and now they have corrected it and the loan was not in fact paid off then they can sue you. Fault is not an issue. Did you or someone on your behalf actually make the payments?

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  • Bankruptcy lawyer needed

    So I need to file for bankruptcy and I can't afford a lawyer to do so. Where can I find a lawyer that does pro bono work.

    Theodore’s Answer

    Contact the local court and see if they have a list of attorneys who do pro bono work. Good Luck.

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  • Why won't the Bankruptcy Trustee send the IRS a court ordered document so my IRS refund can be sent to me

    I filed bankruptcy June 2014. I've been waiting for my tax refund for going on 2 months now and I need my money! The original Trustee passed away so his cases were sent to a new office. I contacted the new office & the secretary reviewed my return...

    Theodore’s Answer

    Generally the Chapter 7 Trustee is not going to waive the estates interest in any property until they know what it is. I have never had a tax refund withheld from a client by the IRS because they were in a 7. Normally the Trustee orders the debtor to file their taxes right away and keeps the case open until the tax refund comes in and the Trustee sees the check.

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  • Foreclosed house flooded. Insurance is in my name. What is my responsibility?

    My house is soon to be foreclosed. I recently vacated the property and called the mortgage company to inform them. They have not secured the residence yet. After I moved out, the basement flooded. The insurance is in my name but I haven't been...

    Theodore’s Answer

    If you are on the Deed you are responsible for the property. I advise all of my clients to stay in the house and maintain it or you can be liable for code violations.

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