Brett D Weiss's Answers

Can a person file chapter 13 bankruptcy 5 years after having filed chapter 7 in IL state

You can file a Chapter 13 the same *day* as you receive a Chapter 7 discharge. You can't receive a Chapter 13 discharge, however, unless 4 years have passed from when your previous Chapter 7 case was filed.

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What is the best way to collect a debt from a person in TX? I have been asked to collect a debt for a company

First, please check both Maryland and Texas' licensing laws; debt collectors may need to be licensed. If you are not licensed in the appropriate state, *you* could end up the one having to pay money. If this debt is a consumer debt, you also need to make sure that you are familiar with the provisions and requirements of the federal Fair Debt Collection Practices Act, the Maryland Consumer Protection Act, and Texas consumer law, so that you do not run afoul of these requirements. As far...

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Can a bank charge me 28% interest on a consumer loan issued in 2007 when my state has an interest rate cap of 24%?

Probably so. Most national banks are unaffected by state usury laws (you can thank the Supreme Court for that).

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Is there anything I can do to stop repossession of my car

No, that won't stop them. If you garage the car and don't drive it, the repo people can't break in to take it. Once you remove the car from the garage, to drive to work, for example, it's fair game. Brett Weiss brett@BankruptcyLawMaryland.com www.BankruptcyLawMaryland.com ***************************************************************** The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal...

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How do I recover wages garnished after my filing date?

All post-petition garnished wages should be returned to you immediately; continuing with a garnishment after filing could be contempt on the part of the creditor and its attorney.

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Can back taxes owed to the IRS be discharged in bankruptcy

Bankruptcy can discharge certain taxes. According to Nolo: You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of the following conditions are true: * The taxes are income taxes. Taxes other than income, such as payroll taxes or fraud penalties, can never be eliminated in bankruptcy. * You did not commit fraud or willful evasion. If you filed a fraudulent tax return or otherwise willfully attempted to evade paying taxes, such as using a...

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We have $47k in credit card debt, is it better to negotiate with creditors or file bankruptcy

The credit card companies generally don't negotiate lower monthly payments. If you can pay a lump sum, they may talk. In most cases, people who file for bankruptcy keep everything they have. I've written a bankruptcy FAQ that should answer most of your questions. It is at http://bankruptcylawmaryland.com/bankruptcy.htm. Brett Weiss brett@BankruptcyLawMaryland.com www.BankruptcyLawMaryland.com ***************************************************************** The Small Print: This...

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I have an outstanding student loan that is 30 years old, can a collection company garnish my wages over this old debt

Yes. There is no statute of limitations on student loans, and the collectors don't need to sue you to get a judgment before it can garnish. That being said, it may be possible to file a declaratory judgment action in state court asking that the claim be rejected because of a legal argument called "laches." According to Wikipedia (which is pretty accurate in this regard): Laches is an equitable defense, or doctrine. The person invoking laches is asserting that an opposing party has "slept...

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Can a legal immigrant file for bankruptcy and seek to discharge costs associated with a car accident

You do not need to be a US citizen to file. You don't even need to have a green card. Assuming the accident wasn't caused by drunk driving, any claim resulting from it should be dischargeable. Brett Weiss brett@BankruptcyLawMaryland.com www.BankruptcyLawMaryland.com ***************************************************************** The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal...

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I got a chapter 7 bankruptcy discharge in 2003, can I file another chapter 7 or 13 to save my house in AL state

You can file a Chapter 13 now and receive a discharge. (Note that even if you couldn't receive a discharge, you could still file a Chapter 13 to catch up on the mortgage payments.) You are ineligible to receive a Chapter 7 discharge until 8 years have passed from the date you filed your previous case. Brett Weiss brett@BankruptcyLawMaryland.com www.BankruptcyLawMaryland.com ***************************************************************** The Small Print: This response is for...

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