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David J. Harris

David Harris’s Answers

21 total

  • Husbands ex-wife giving out ower number to her colecters

    What can I do to stop the calls from her Colectors. She listed ower phone Number. She has never lived in this house or had this number

    David’s Answer

    Simply, let each caller know that your ex-wife does not reside with you and that its call is in error. Keep track of each company that calls and the name of the caller. If the company or caller calls a second time, advise him or her that you intend to file a complaint with your state attorney general's office if another call is made. If the company calls a third time, report the company and caller to your state attorney general's office and find out as well if it has a "do not call" program. You may also wish to consider obtaining your ex-wife's phone number so that you can provide it to the caller. Please note that, if the debt was a joint debt, the creditor has a right to call you.

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  • How do i file bankruptcy?

    how do i do it?

    David’s Answer

    Meet with an experienced bankruptcy practitioner with whom you are comfortable. He or she will determine your objectives and evaluate whether there are any alternatives to filing for bankruptcy and, if bankruptcy is the only option, how to go about it.

    If a bankruptcy is necessary, the skilled practitioner will assist you in preparing a bankruptcy petition and schedules that reflect your assets, debts, income, expenses and financial history. This bundle of paperwork will allow the courts and your creditors to determine if you qualify for rights that you seek.

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  • I am going to be filing for Bankruptcy because there is no better alternative.

    Myself and Husband together have about 96K debt. and I have a house which I plan to retain. I feel there is no better way to get out of this but Bankruptcy. My question is, when listing the creditors, do I list the current creditors(collection ag...

    David’s Answer

    I am a practitioner in Pennsylvania. However, my answer to your question will apply in all 50 states.

    Simply, if have have the addresses, list both the credit card company and its address and the collections agency and its address. If you do not have the credit card company's address, it is readily accessible on the Internet. Just the the name of the company on Google.

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  • How to collect from nondebtor codefendant after bankrupt defendant paid bankruptcy plan and the lawsuit claim was discharged?

    Lawsuit involved car crash with 2 defendants who had car insurance. 1 defendant filed for bankruptcy and placed the lawsuit in the bankruptcy court. The other co-defendant never filed for bankruptcy. None of the defendants filed any object...

    David’s Answer

    At the outset, you mentioned that both defendants had insurance coverage. Ordinarily, a plaintiff will seek relief in a bankruptcy case merely to pursue the debtor's insurance coverage and ordinarily, a debtor will consent to such relief if the plaintiff agrees to limit its pursuit to the defendant/debtor's insurance coverage.

    If the debtor in this case actually paid the plaintiff with his or her own funds, he or she would have a right of contribution against the co-defendant. If the debtor's insurance company paid the claim, it would have had the opportunity to make a cross claim against the co-defendant's insurance company. If it failed to do so or to preserve its right to do so, it may be forever barred, depending on the terms of the insurance contract and the state where the accident occurred.

    Lastly, if the full amount was not paid by the debtor or by the debtor's insurance company in the debtor's bankruptcy case, the plaintiff can pursue the balance against the co-defendant or co-defendant's insurance company, subject to the limitations described in the previous paragraph. The co-defendant did not receive a discharge.

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  • Can I get student gap loans reduced in a bankruptcy?

    I want to file for bankruptcy and I have quite a bit of what is called alternative or gap student loans.

    David’s Answer

    A student loan can be dischargeable in a bankruptcy case if having to pay the student loan will result in an undue hardship to you under the standards of the Brunner (Second Circuit) and Faish (Third Circuit) cases.

    I was able to have a physician's student loan of in excess of $200,000 discharged as a result of now Supreme Court Justice, Samuel Alito's opinion in Pelliccia v. Department of Education that I have cited on my AVVO home page.

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  • What are my options im caught in the middle

    here is my situation i filed for bankruptcy in 2008 it was discharged in oct 2008 the problem is i did a reaffirmation with my mortgage company but my lawyer never filed it with the court but neither did the mortgage company both are telling me th...

    David’s Answer

    I'm glad that you did not reaffim your mortgage obligation. The Bankruptcy Code does not require that you reaffim a mortgage obligation and, in my mind, it would have been very bad advice for an attorney to suggest that you do so because, if you fail to stay current down the road after your bankruptcy case is over, you'd still be personally on the hook to pay your mortgage note.

    You seem to have a concern about getting monthly statements. This can be resolved simply by writing to the mortgage company and asking that it to provide statements to you. There are numerous techniques that a lawyer can use to persuade a mortgage company to issue statements to a debtor who did not reaffim his or her mortgafe debt in a bankruptcy filing.

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  • Can you be sued for not paying a credit card debt?

    I went through a debt reduction service, who then went out of business. They said I could not be sued for a debt that was charged off. Is this true?

    David’s Answer

    Unfortunately, you can be sued for a debt that is charged off, as a charge off is simply an accounting entry of a business or bank for regulatory or tax purposes. In Pennsylvania, an obligation can expire, however, after the statute of limitations has run. Note that collectors will sometimes continue to pursue collection even when the debt is no longer enforceable.

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  • Do I need to be behind on credit card payments before I file for Chapter 7?

    I pay all of my credit cards on time and none of my cards have gone to collection, but I can't afford to pay all of the minimum payments anymore and I can't negotiate the balances down. Do I need to stop payment on the cards and go to collection ...

    David’s Answer

    No. You do not need to stop payments on your cards before filing for Chapter 7. As it takes a little bit of time to gather all the necessary information to prepare the forms to file a bankruptcy case, I am sometimes asked by potential clients whether they should stop payments while gathering the information for filing. My answer will depend on the circumstances of the particular case, but often, after I determine that the client qualifies for a chapter 7 case and the client has committed to filing the case, I will recommend him or her to stop payments on the credit cards so that he or she can devote the money for important personal needs or for the costs of the bankruptcy filing itself.

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  • CH 13 Bankruptcy.If I marry how will new spouses income affect my Bankruptcy filing??

    In Pennsylvania, what is the median low and high income to file for Chapter 13 Bankruptcy for a family of 6? I am wanting to get married possibly before my 3 year plan is up, how will my fiances' income and expenses effect my plan? How is it c...

    David’s Answer

    The answer is somewhat complex, but here is an overview:

    Three snapshots of income are taken in a Chapter 13 bankruptcy case: (1) the average monthly gross income of the debtor's household for the 6-month period immediately preceding the month of the debtor's bankruptcy filing; (2) the debtor and the debtor's spouse's current net income; and (3) the annual increase of income recognized by the debtor and his or her spouse during the course of the chapter 13 plan term.

    The first snapshot allows for the determination of whether the debtor is a below-median income debtor or an above-median income debtor, compelling a 5-year chapter 13 filing over a 3-year chapter 13 plan or a simpler chapter 7 filing.

    The second applies when a debtor is a below-median debtor and is used to determine the amount that the debtor would commit in a non-mandatory 3-year chapter 13 plan. This may arise where the debtor elects to be in a chapter 13 case to cure a mortgage arrearage or because the debtor has non-exempt equity in assets that he or she does not wish to have liquidated by a chapter 7 trustee. It is also used to gauge whether the debtor has the ability to perform a proposed plan (i.e, whether the debtor's plan is feasible).

    The third is used in chapter 13 cases in my district (the Middle District of Pennsylvania) by the chapter 13 trustee once each year during the plan term to determine whether a debtor must increase his or her monthly plan payment (where income has increase by 10% from the base year).

    The median income for a family of 6 exceeds $78,000.00. However, I am currently away from my office where I can calculate the exact figure.

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  • Divorce and bankruptcy.

    We are finalizing agreements for divorce. Even I will take some of my spouse's credit card debt, he probably has to bankrupt sooner or later because of his other credit card debt. By the way, we do don't have any child ot property, and we just ...

    David’s Answer

    One additional note: My prior response refers to debt to which you and your ex-husband were jointly obligated and not necessarily to separate debt.

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