David Anthony Huber’s Answers

David Anthony Huber

Philadelphia Bankruptcy Attorney.

Contributor Level 9
  1. Can forclosure be listed on credit after loan discharged in bankruptcy?

    Answered over 2 years ago.

    1. Mara Ann Baltabols
    2. David Anthony Huber
    3. James Portman Webster
    4. Nicole Gabrielle Lawson
    4 lawyer answers

    Your discharge affected your personal obligation to pay the mortgage; it did not extinguish the lien against the property. Many lenders do no reporting to credit reports once a person has filed bankruptcy out of fear of being sued for violating the stay/credit reporting protections. I recommend you first send a copy of your discharge and bankruptcy schedule showing the mortgage included in it to all three reporting agencies. This may have the reporting changed to "included in bankruptcy"....

    4 lawyers agreed with this answer

  2. Can I file a complaint against lawyers engaging in junk debt buying to disciplinary council for violating FDCPA?

    Answered over 2 years ago.

    1. David Anthony Huber
    2. Brent Steven Snyder
    3. Daniel Dwight Bowen
    3 lawyer answers

    The more important answer is what you think is violating the FDCPA? Litigation, a lawsuit, in and of itself is rarely a violation of the FDCPA protections. You really need to speak with an attorney as to what you feel is violated. More important is the concern with your overall financial picture. Are you having difficulties that, while taking on this vendetta against a lawyer suing you, may become worse if you do not act quickly? Perhaps an attorney who knows financial stress/bankruptcy...

    3 lawyers agreed with this answer

  3. I'm refusing to answer an information subpoena. How much time in jail will I serve for civil contempt of court in NJ?

    Answered over 2 years ago.

    1. David Anthony Huber
    2. Matthew R Schutz
    3. Karina Pia Lucid Esq.
    4. John F Newman
    5. Daniel A Frischberg
    5 lawyer answers

    I must stress to you to please rethink your position on refusing to respond to a subpoena proceedings. The fifth amendment is a right to remain silent, however, it is mostly a protection against criminal prosecution against yourself. A judge MAY view refusing to answer a CIVIL subpoena as having nothing to do with the protection from criminal prosecution. You place yourself in great peril of being in jail at the judge's discretion for failing to respond to an information subpoena. Please...

    3 lawyers agreed with this answer

  4. Can bankruptcy overrule an original divorce decree?

    Answered about 2 years ago.

    1. Judy A. Goldstein
    2. David Anthony Huber
    3. Marc Gregory Wagman
    3 lawyer answers

    The bankruptcy itself does not overrule the state court order. What was explained in the prior two posts is the fact that a bankruptcy filing nullifies the personal liability to creditors discharged in bankruptcy; the discharge itself DOES NOT nullify what a state court ordered to take place. I echo the recommendation of speaking to divorce counsel and wish you luck going forward.

    4 lawyers agreed with this answer

  5. How to write a motion for protective order in credit card lawsuits?

    Answered over 2 years ago.

    1. David Anthony Huber
    2. Michael J Corbin
    2 lawyer answers

    Unfortunately, you entered into a contract with the credit card company. In that agreement, and in the realm of their ability; this information is such that can be obtained to make good on the debt you defaulted on. Your only avenue to prevent this from continuing is either 1) making payment arrangements that would be acceptable to prevent the attorney/creditor from seeking this information (and living up to them) or 2)perhaps filing a bankruptcy that would stop this entirely. The bankruptcy...

    Selected as best answer

  6. Inflated debt collections for a nonreturned rental books from a community college.

    Answered about 2 years ago.

    1. David Anthony Huber
    2. Stuart M Nachbar
    2 lawyer answers

    You would have to sit down with an attorney to review the agreement in its entirety. I should point out to you that the difference you are speaking is all of $280. You may incur more costs for an attorney to review and write a letter/negotiate on your behalf than that amount of money. Perhaps you can use strong negotiating skills to resolve the dispute?

    2 lawyers agreed with this answer

  7. Can creditors take my furnature or seize my bank account. I'm on SSDI and live in PA. I receive child support also.

    Answered over 2 years ago.

    1. David Anthony Huber
    2. Paula Brown Sinclair
    3. Dorothy G Bunce
    3 lawyer answers

    Unfortunately, creditors have become more proactive in recovering their delinquent accounts. Whilst you receive SSD and child support; that alone does not prevent the creditor attorney from attempting to seize your possessions or place a lien on your accounts. The legal process in this is quite tricky; even demonstrating that your bank account funds are all SSD and support money. I recommend you speak with a bankruptcy attorney as soon as you are able, one that provides a free consultation,...

    2 lawyers agreed with this answer

  8. Is it possible to transfer registration on my car if the bank won't release the lien after a bankruptcy?

    Answered over 2 years ago.

    1. Walter C Oney Jr
    2. David Anthony Huber
    3. Michael J Corbin
    3 lawyer answers

    As already recommended, you can speak with the attorney who did your bankruptcy. There may be a way to force the lender's hand into releasing title. This is for a WA attorney to answer how to do so. The measuring stick for you will be weighing the cost of the junk vehicle application versus your attorney. Mind you, be careful of any paperwork to be submitted on an application to any government office. Be complete, be truthful, be accurate. Good luck.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I filed Chapter 13 after I received a judgment. Paid the plan & the C13 was discharged. How can get the judgment satisfied?

    Answered over 2 years ago.

    1. David Anthony Huber
    2. Derek R. Caldwell
    3. James Portman Webster
    3 lawyer answers

    The answer to this is best made by a WA state attorney. There are states that allow you to apply to the court that the judgment was obtained in to have the judgment vacated/nullified/"satisfied" as you described. However, the ability to do so may be based on the amount of time after your discharge. I strongly urge you to speak to a WA attorney about this. Good luck!

    3 lawyers agreed with this answer

  10. What happend that I am not in USA and will not be able to be in court for credit card debt of less than $1,500 ?

    Answered almost 3 years ago.

    1. David Anthony Huber
    2. Stewart Andrew Sutton
    3. Mitchell Paul Goldstein
    3 lawyer answers

    There are a bunch of issues raised in just these first few questions. However, I recommend you seek out a Maryland attorney to get the exact answers you need as to: 1) The statute of limitations in Maryland (I am saying Maryland because that is where your question is posed from) for credit card debt. Seek a MD attorney because thecourt rules for MD quote: § 5-101. A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code...

    3 lawyers agreed with this answer