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 3 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. Bankruptcy case has been dismissed unable to refile. how long is it before the creditors contact you or do you need to call 1st

    Answered 4 days ago.

    1. John R. Cantrell Jr.
    2. Richard D. Granvold
    3. Daniel A Velasquez
    4. Justin O Burton
    5. Dorothy G Bunce
    5 lawyer answers

    It is generally best to wait and let them contact you. Sometimes, even with a dismissed bankruptcy, they never get around to realizing that you are no longer in bankruptcy, and so they may wait long enough to contact you until after the statute of limitations expires for them to collect the debt against you. Also, under SC law, even though you are no longer protected by the bankruptcy, it is still possible that you could retain an attorney to represent you regarding your debts, and thereby...

    3 lawyers agreed with this answer

  6. Per SC Code of Law Section 15-41-30, how does one obtain the debtor's interest exceeding $5,000 and have a sale of those items?

    Answered 20 days ago.

    1. John R. Cantrell Jr.
    2. Richard Glenn Elie
    3. Dana S. Fleming Allen
    3 lawyer answers

    I am not sure why this question is labeled under the bankruptcy heading. If the debtor has filed for bankruptcy, then it is possible that your judgment has been lien avoided in that bankruptcy or that the automatic stay will apply to make it illegal for you to collect on this judgment at this time. However, if there is no bankruptcy involved, then what you will need to do in SC to collect on your judgment, after getting notice from the sheriff that the debtor has no assets that can be sold to...

    3 lawyers agreed with this answer

  7. 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 about 1 month 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

  8. 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

  9. 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

  10. 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