John R. Cantrell Jr.’s Answers

John R. Cantrell Jr.

Goose Creek Bankruptcy Attorney.

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

    Answered over 1 year 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. If I want to withdraw from chapter 7 bankruptcy, might there be a problem doing so?

    Answered over 1 year 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

  3. 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 over 1 year 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

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

    Answered over 1 year 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

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

    Answered over 1 year 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

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

    Answered over 1 year 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

  7. 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

  8. Should I declare bankruptcy or allow foreclosure to proceed?

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    2. Alan D. Walton
    2 lawyer answers

    Filing bankruptcy at this point is premature, unless you have significant other debt that would make it a good idea. In SC, it will take 3-6 months for a foreclosure to complete, and longer if you choose to fight it or request a loan modification as part of the foreclosure intervention process. If that is long enough for you to make your move, and you don't want to fight it, then allowing the foreclosure to proceed may make sense for you. Once you get the foreclosure papers, look in the...

    2 lawyers agreed with this answer

  9. As the mortgage holder, can I get a property back rather than have it sold at auction through foreclosure?

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    2. Michael T Millar
    2 lawyer answers

    Foreclosure is how to get the property back, unless the borrower is willing to give you a deed in lieu of foreclosure voluntarily. Otherwise, you can foreclose and sell the property at auction, but you can bid the amount of your mortgage balance in the auction, so you have a better chance of getting it than others, unless it is worth far more than the mortgage balance. In any event, you can either get the property back or your mortgage paid off, which is all that you are entitled to anyway,...

    2 lawyers agreed with this answer

  10. Will I be able to get my official transcript under the chapter 7 automatic stay?

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    2. Matthew Scott Berkus
    3. Danielle M. Callahan
    3 lawyer answers

    Note that Chapter 7 only discharges debt that is due before the case was filed, so timing may be an issue here if any fees became due after the case was filed. Also, I am assuming that you don't owe a student loan to the school, since most student loans are non-dischargeable in bankruptcy. However, assuming you merely owe past due tuition to the school, and you are caught up on any tuition or fees that became due after your case was filed, then 11 U.S.C. 525 would seem to prohibit the school...

    2 lawyers agreed with this answer