Lawrence S. Rubin’s Answers

If a credit card has a balance, i.e. is an actual debt owed on the filing date, and the credit card is yours (in your name), then most trustees in the Eastern District of Pennsylvania will ask if you have destroyed them (cut them up). No one asks about credit cards in corporate names, or cards that have no balances. Cards with no balances are not debts-they are just open lines of credit. It is true, as stated by my colleague, above, that the card issuers generally discover that you have...

I think you should really carefully discuss this issue with your lawyer. I do not think he is saying what you think he is saying. The Bankruptcy Court will not tell you to sell your car in a chapter 13. Sometimes, the trustee will tell you to increase the plan payment when you no longer have a car payment, but this can be avoided with some careful planning. Speak to your lawyer about these issues and listen carefully to the advice.

I think that you are not so much asking a question here as look for an affordable lawyer. This forum is really not suited for that. I would suggest that you look for someone who maybe is not the cheapest, so much as someone that can save you the most money-there is a difference. You should check out naca.net as a source for experienced counsel.

This is generally true, but there are exceptions, notably Discover and I believe, Capital One. Discover is incorporated in Delaware, which has a 3 year statute and Cap One in Virginia, which many consider also to have a three year statute (but it would take a good lawyer to argue this). At any rate, you should contact a lawyer skilled in consumer law, and not one that dabbles in the area. This area of the law is specialized and you need someone that keeps up with this kind of stuff.

I am not quite sure I understand all of this question; perhaps you can rephrase and repost it, however, I would certainly not be admitting to possible forgery in a public forum, such as this. I do not know what really happened here, but the only person you should be speaking to is an attorney-not collectors and not online.

I agree with the previous attorney. The answer to this question is not amenable to a one-ff forum like this. There are many complex issues involved here. One thing that you should not do is to be penny-wise pound foolish. You cannot do this "on the cheap." You need an attorney who is skilled in creditor's rights. Stay away from attorneys who just dabble in this area or who have handles "a couple" of cases. Seek out counsel that does this work as a major portion of their practice. You...

I think you mean custody and not guardianship. This is a very serious matter and I note the reluctance of attorneys to respond to this. This is because you need to retain a lawyer and not worry about a short answer on this forum. There are no quick answers to this issue. If you are involved with CYS it means that there is a very serious problem with the care of these children. I urge you to consult with a Reading attorney. There are many that are skilled in this area.

Divorces decide the rights between the spouses only; they do not affect parties not within the jurisdiction of the court, i.e. creditors. Therefore, it does not matter who is ordered to pay the debt. Your rights may lie in contempt against your ex-spouse, but you can still be sued by the creditor. If you are, you can join your wife in the action as an additional defendant for your "claim over" for contribution and indemnity. You should discuss this with your attorney at the time, which you...

I am a little disturbed that you would go online and make "admissions" against your friend. I would think that if you wanted to keep this friend, you would not be so eager to disclose conduct that could create liability. I doubt that your friend would agree with your analysis of these facts, but even if he did, he would not be admitting them in a public forum. I can say that necessities purchased prior to filing are usually not challenged, except if a debtor admits he was intending to...

I recommend you see an attorney that is familiar with the Fair Debt Collection Practices Act (FDCPA) immediately. I do these cases regularly, so I am familiar wit this kind of abuse. I would absolutely not pay this debt prior to seeing such an attorney. There are many problems here, the first of which has to do with validation of this claim, and most importantly threats to wage garnish. Pennsylvania doe NOT permit wage garnishment on this kind of debt. I am assuming now that this is not a...