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John R. Cantrell Jr.

John Cantrell’s Answers

76 total


  • I flie bankruptcy and weeks later the bank so the loan

    doesn't the bank have a automatic stay from moving forward with anything. does the bank have to file paper work with the court first

    John’s Answer

    If you are trying to say that the bank filed a foreclosure after you filed a bankruptcy, then the answer is yes, the bank has to file a motion for relief from stay before they can proceed with the foreclosure. You should have listed the bank as a creditor in your bankruptcy, and they should have received notice of the bankruptcy filing, but it can't hurt to send a copy of your bankruptcy filing notice to the bank's attorney handling the foreclosure.

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  • Can a bank sell a mortagae once a bankruptcy is filed

    when I filed bankruptcy the bank sold the loan weeks after the automatic stay from any proceeding, was this legal

    John’s Answer

    Yes. It is proper for the bank to sell the loan, since this was not a sale of the property of the debtor. However, if the mortgage were not properly perfected, and the bank tried to perfect it after the bankruptcy was filed, then that would be a violation of the automatic stay.

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  • 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

    can the mortgage company do. do they have to come to creditor meeting and do I have to list them

    John’s Answer

    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.

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  • Being sued

    I am being sued but the court status and disposition is saying judgement/satisfied. What does this mean for me?

    John’s Answer

    Your question isn't clear. If you are just now being sued, there should be no judgment yet. On the other hand, the most likely place you would see the phrase "judgement/satisfied" is either on a credit report, which would be a good thing, or else in the online court records for a case that had been filed against you, which would also be a good thing, since it would mean that although a judgment had been acquired against you, that it has now been paid off. Of course, if you don't remember paying off any judgement, then that leaves us wondering how it could have happened. It sounds like you need to raise this issue with a local attorney, so you can figure out exactly where you stand.

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  • Filed a chapter 13 mortgage is 3000 plus 5200 extra for arrears equal 7200 a month, but I was told by another person who filed

    chapter 11 they had 23 more years on there loan and they restructure it for 4000 a month for 20 years is that possibly

    John’s Answer

    It is very unlikely in South Carolina that you will get a Chapter 13 plan proposing to pay $8,200 per month towards a home mortgage debt confirmed, so you will probably be finding out pretty soon what is possible in an 11, since the 13 trustee or United States Trustee is probably going to allege that your 13 is a substantial abuse of the bankruptcy court system.

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  • Chapter 13 can you extend a repayment plan pass five years, in not what can you do to extend time for payback

    as much information you can give

    John’s Answer

    Well, first of all, the five year period runs from the month after the plan is confirmed, not the filing date, so that helps a little, especially if it takes a long time to confirm your plan. Second, there are some courts around the country where plans have been confirmed that go past five years, but that is rare, and I don't think it has yet been done in South Carolina.

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  • Does deficiency judgement affect new owner of foreclosed property in SC?

    If a property is available at the Master In Equity - Deficiency Sale in South Carolina, is the winning bid responsible for the deficiency on the original foreclosure?

    John’s Answer

    No. The prior owner is responsible for the deficiency judgment amount. The new buyer is only responsible to pay the bid amount and foreclosure sale costs, unless this is the foreclosure of a second mortgage, in which case the buyer would have to deal with any senior mortgages or liens of record.

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

    Am I liable if I did not sign the loan?

    John’s Answer

    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.

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

    They have called my references and told them to pay my loan or they going to put me in jail. They have showed up at my house after 6 o'clock I don't know what to do I really don't know south Carolina laws

    John’s Answer

    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.

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  • How much is it to file a chapter 13?

    Also looking for referrals for chapter 13 in my town. Thank you

    John’s Answer

    The court approved no-look fee for a normal Chapter 13 filing, assuming you don't have your own business, is $3,500, plus the filing fee. Of course, lawyers are free to charge more or less than this amount, and some lawyers will take some of this amount through the Chapter 13 plan instead of requiring it all up front, but that depends on the lawyer.

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