Jonathan H. Stanwood's Answers

Jonathan H. Stanwood
Philadelphia Criminal Defense Attorney.
Contributor Level 6

3

Attorney answers:

  1. Jonathan H. Stanwood
  2. Ian B. Lyngklip
  3. Tom Arany

DOES THE DEBT COLLECTOR HAVE TO SHOW LEGAL PROOF THAT I SIGNED AGREEMENT WITH THEM IN COURT.

Asked by a user in Allentown, PA - 4 months ago.

Contact the court and confirm that there is an action against YOU (you seem to suggest that it's un someone else's name). Watch your response time, if someone sues you and you don't respond, a default judgment may be entered against you. Also, regular mail is not normally sufficient to serve you with original legal process. You're welcome to contact me for as free consultation or contact the Lehigh County Bar Association.

2 lawyers agreed with this answer

4

Attorney answers:

  1. Adam D. Zucker
  2. John M. Walsh
  3. Jonathan H. Stanwood
  4. Mitchell Scott Sexner

I was arrested 2 years ago for a misdemeanor and my record was expunged Will this show up on a criminal background check?

Asked by a user in Devon, PA - 4 months ago.

Go to the Pa State Police website and order a crminal record check and see if it shows up. It's pretty easy (but there's a waiting period.). Also, applications might ask if you've been arrested, they should only be concerned with convictions, but you never know...

4

Attorney answers:

  1. Adam D. Zucker
  2. Jonathan H. Stanwood
  3. Derek Michael Smith
  4. J Charles Ferrari

What to do if your rights and law is being violated during your trial

Asked by a user in Philadelphia, PA - 4 months ago.

He doesn't really have to respond to calls or letters from people who are not his client. One option would be to make sure you're in court at his next hearing.

2

Attorney answers:

  1. Margery Ellen Golant
  2. Jonathan H. Stanwood

New found asset reason to reopen Chapter 7 case?

Asked by a user in Lockney, TX - over 3 years ago.

I agree to get a second opinion but I would not get hung up on whether you listed it or not or should have listed it. Had you listed it, the trustee probably would have done the same thing. The only thing to worry about (and be glad it's not an issue) is the trustee saying you commited some sort of bankruptcy fraud for not disclosing the asset. Further, the more you litigate the issue means the less money at the end of the case to be paid back to you after the claims have been paid because...

1 lawyer agreed with this answer

3

Attorney answers:

  1. Jonathan H. Stanwood
  2. Lesley Abigail Hoenig

What is an order for relief from stay

Asked by a user in Fairfax, VA - over 3 years ago.

To add to my previous answer and to more directly answer your question, Releif from the Automatic Stay means that they are permitted to, in a sense, pretend there is no bankruptcy filing. The automatic stay is what protects you from creditors (like the finance co) when you file a bankruptcy. A creditor seeks relief when it has a reason to not be in the bankruptcy. But since your case was dischaged it doesn't readily make sense why they sought relief.

1 person marked this answer as helpful

3

Attorney answers:

  1. Jonathan H. Stanwood
  2. Lesley Abigail Hoenig

What is an order for relief from stay

Asked by a user in Fairfax, VA - over 3 years ago.

You may. Technically there is no reason for them to repossess your car, is there? But finance companies are weird, and repo guys like to repo cars. Call you finance company, find out what the issue is. Your lawyer was probably right in not chosing to have you reaffirm the debt because there shouldn't be a need to do it. But call the finance co. Make sure you have made all your payments and can prove it as needed.

1 person marked this answer as helpful

2

Attorney answers:

  1. Jonathan H. Stanwood
  2. Lesley Abigail Hoenig

Chapter 13 bankruptcy, how does a creditor make a claim

Asked by a user in Highland, IN - over 3 years ago.

If you were to google "Official proof of claim" you would see this - the Dept. of Justice's official proof of claim. Use this rather than a piece of paper. http://www.uscourts.gov/bankform/formb10new.pdf