John R. Cantrell Jr.’s Answers

John R. Cantrell Jr.

Goose Creek Litigation Lawyer.

Contributor Level 8
  1. I live in California, and would like to know if I can file a bankruptcy seperate from my husband?

    Answered almost 2 years ago.

    1. John R. Cantrell Jr.
    2. Hermin A. Dowe
    3. William James Waters
    4. Deepalie Milie Joshi
    5. Diane L Gruber
    6. ···
    6 lawyer answers

    Yes, you can file bankruptcy by yourself without your husband having to file. Since you are separated, and living apart, you will not have to list your husband's income or expenses. You will have to list the anticipated tax refund as a potential asset in your bankruptcy case, but you may be able to keep it, depending on the exemptions that are available to you. This will require an analysis by a local bankruptcy attorney who knows the CA exemptions. Bankruptcy is a good way to stop a wage...

    8 lawyers agreed with this answer

  2. My husband co- signed our son's Sallie Mae student loan. If he dies & son becomes delinquent can they come after me?

    Answered about 2 months ago.

    1. John R. Cantrell Jr.
    2. Blake Owen Brewer
    3. Richard A. Steadman Jr.
    4. Dorothy G Bunce
    4 lawyer answers

    No. You can't be liable merely due to the fact that you are married to someone who is liable, like your husband. However, remember that creditors get first shot at a debtor's probate estate. So, if your husband dies owing the student loan, and he has assets that are available for his creditors at that time, then the creditors would get paid before you would get an inheritance from his estate.

    4 lawyers agreed with this answer

  3. If I want to withdraw from chapter 7 bankruptcy, might there be a problem doing so?

    Answered almost 2 years ago.

    1. Scott Benjamin Riddle
    2. John R. Cantrell Jr.
    3. Dorothy G Bunce
    4. Matthew Scott Berkus
    5. Christopher Leroy Wesner
    5 lawyer answers

    Normally, you will only have a problem withdrawing a Chapter 7 filing if there are non-exempt assets that the trustee thinks can be sold to pay some of your debts (and the trustee fees).

    5 lawyers agreed with this answer

  4. I'm being sued by a JD buyer & have a CMC scheduled soon. I'm filing for BK now. Do I need to file anything in the meantime?

    Answered almost 2 years ago.

    1. John R. Cantrell Jr.
    2. Brian Crozier Whitaker
    3. Brad Francis Weil
    4. Diane L Gruber
    4 lawyer answers

    Once your bankruptcy is filed, you will get a case number showing it has been filed. That case number and filing date should be provided to the creditor's attorney on the lawsuit immediately upon receiving it, and it can't hurt to file proof of bankruptcy filing with the court either. Once your bankruptcy is filed, an injunction called the automatic stay goes into effect, which requires the state court lawsuit to stop. If, even by accident, a state court judgment were to be entered against...

    5 lawyers agreed with this answer

  5. If I am the owner of a property and the deed is in my name and I file bankruptcy but the mortgage is in my ex wife name what

    Answered 8 days ago.

    1. John R. Cantrell Jr.
    2. William J Popovich
    3. Katherine Jay
    4. Carl Daniel Scott
    5. Richard Glenn Elie
    5 lawyer answers

    You have to list all assets, including all real estate. Also, you should list your ex-wife as a co-debtor in the bankruptcy schedules as well. Secured creditors don't have to come to the creditor meeting, and usually don't show up. If you are filing a Chapter 7, then the mortgage payments should be current if you want to keep the property.

    3 lawyers agreed with this answer

  6. Can a bank foreclose on us without their name on the title

    Answered almost 2 years ago.

    1. John R. Cantrell Jr.
    1 lawyer answer

    It sounds like there may be some problems with this foreclosure. You should consult with a foreclosure defense attorney to see what your rights are. If this is one of the big five mortgage servicers, then they really shouldn't be foreclosing during the loan modification process. Under SC law, you only have 30 days from the date you were served with the papers to respond, and it would be best that you hire an attorney quickly to preserve your rights to respond. It may be possible that they...

    3 lawyers agreed with this answer

  7. HELP. How can I get a garnishment settled, without filing bankrupcty, if the company is unwilling to work with me

    Answered almost 2 years ago.

    1. John R. Cantrell Jr.
    2. Thomas A McAvity
    3. Thomas Martin Morningstar
    3 lawyer answers

    They could voluntarily agree to reduce the garnishment, but that is unlikely due to the fact that they have the upper hand right now. You may be able to contact a collection defense lawyer in your area to see if the default judgment can be removed, but it has been awhile since the judgment was entered, and you may wish to see if the work required to do this will be cheaper than your other options. You can probably file a bankruptcy for $2-3K, so that should be considered as well.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I filed for bankruptcy last August the house was surrendered , it was discharged last October .

    Answered almost 2 years ago.

    1. Timothy S. Kingcade
    2. John R. Cantrell Jr.
    3. Derek R. Caldwell
    4. Dorothy G Bunce
    4 lawyer answers

    No. Accepting the cash for keys offer shouldn't affect your bankruptcy discharge. Even after a bankruptcy is filed, the bank still has to file a state court foreclosure action against you to take the home. There is no reason for you to short sell the property, since you have filed for bankruptcy and all debt owed to the bank can no longer be collected against you. You may continue to occupy the home until legally evicted through the foreclosure process, but you may prefer to move sooner...

    4 lawyers agreed with this answer

  9. I have a personal loan but can I go to jail for it I have got a lot of threats

    Answered about 2 months ago.

    1. Dana Whitney Atchley
    2. John R. Cantrell Jr.
    3. Bruce Ward Bain
    4. Blake Owen Brewer
    4 lawyer answers

    Sounds like a typical scam collection tactic. SC has good consumer protection laws, which even apply to original creditors like this one. Under Section 37-5-108 of the SC Consumer Protection Code, collection tactics like this one are illegal, and creditors who violate this law have to pay your attorney fees, in addition to paying you statutory damages for these improper collection tactics. I would be glad to speak to you further about this matter, if you wish.

    2 lawyers agreed with this answer

  10. Can I reopen my bankruptcy case without an attorney?

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    2. Eric Charles Lewis
    3. David Jay Sternberg
    3 lawyer answers

    You could file a motion to reopen the case yourself, but you may not need to do so. Some attorneys, such as myself, might be willing to handle such a case on a contingency basis, after checking out the facts. Feel free to contact me if you would like a free consultation on this matter.

    2 lawyers agreed with this answer