John R. Cantrell Jr.’s Answers

John R. Cantrell Jr.

Goose Creek Bankruptcy Attorney.

Contributor Level 8
  1. My loan was written off another company bought it I paid them $3400 money I don't have I cant pay anymore

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    2. Dorothy G Bunce
    2 lawyer answers

    It isn't fraud just because you stopped paying. If you don't pay them, they can sue you and get a judgment. If you don't have anything that the law allows them to take to pay the judgment, then they have up to 10 years to wait for you to get some assets that they can take to satisfy their judgment. If they can't collect on their judgment in 10 years, then they are out of luck, and the judgment can't be renewed. They also can't garnish your wages in SC for a consumer loan. If they threatened...

    1 lawyer agreed with this answer

  2. I got a summons and I contacted the firm suing me and paid the debt in full. Am I going to have a judgement on my credit report

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    2. Diane L Gruber
    2 lawyer answers

    No. You shouldn't, since the debt has been settled. I suggest making sure that the creditor has withdrawn the complaint. You can check with the creditor on that, and you can also check the file at the clerk of court's office to see if the complaint has been withdrawn. Since this is an action on a debt, it doesn't involve a crime or your criminal record.

    1 lawyer agreed with this answer

  3. They granted a relief on my automatic stay

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    2. David Jay Sternberg
    3. Diane L Gruber
    3 lawyer answers

    Your options are limited. If you have the funds needed to catch up the delinquency on your mortgage, then you can ask your bankruptcy attorney to ask the creditor to agree to a motion to allow resumption of payments, but that will likely only work if you can catch up the arrears in full at this time. If not, then the next step the creditor will take will be to start a foreclosure. Once the foreclosure is filed, you will have foreclosure intervention options, including possibly requesting a...

    1 lawyer agreed with this answer

  4. Can a mortgage be discharged with bankruptcy?

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. John R. Cantrell Jr.
    3. Rebecca Lynne Melone
    3 lawyer answers

    You can file bankruptcy, and you should list all creditors which claim that you owe them money, including the debts improperly created in your name (listed as disputed) and also the mortgage debt. If you have no intention of living in the property, or retaining any interest in it, then you can list it with the intention to surrender the home to the mortgage company. That way, you will lose the home, but will not be liable for any remaining debt owed on the home.

    1 lawyer agreed with this answer

  5. How do I tell a debt collector that I don't have any representation in a letter?

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    2. Michael J Corbin
    2 lawyer answers

    There probably isn't any real incentive for you to tell them that you are not represented, unless perhaps there is a pending lawsuit, in which case the prior attorney has probably already told them. If you have an attorney representing you regarding a debt, then the creditor may not contact you directly. Once they learn that you are no longer represented, then they may resume contacting you at home regarding the debt. You can prevent them from contacting you at work if you send them a letter...

    1 lawyer agreed with this answer

  6. Can a creditor take my car that's paid for and worth less than the state exemption if I have another car I'm still paying for?

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    2. Diane L Gruber
    2 lawyer answers

    They can't sell the Saris, since it is worth less than you owe. They can only sell the Echo if it is worth more than the exemption amount, which gets adjusted every so often for cost of living adjustments, and is now $5,625.00. To check the book value of the vehicle, use the link to Kelley Blue Book below, and check the values between private party value and retail value to get an estimate. You should then deduct from the blue book value for any repairs that need to be done to the car that...

    1 lawyer agreed with this answer

  7. How to have lien lifted from car title after bankruptcy resolved and company that held the lien no longer exists.

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    2. David B Pittman
    3. Matthew Scott Berkus
    3 lawyer answers

    Was this car paid off through the bankruptcy or not? Did you file a Chapter 7 or 13? Have you discussed this problem with your bankruptcy attorney yet?

    1 lawyer agreed with this answer

  8. Do I need a consumer lawyer?

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    1 lawyer answer

    You can definitely sue the rental storage facility, and can probably get paid for your damages as well. Look at a copy of the rental contract, and see if they try to avoid any liability for damage that might be caused to your property. They might claim lack of responsibility for these damages, but it sounds like you have a good enough case to take it to magistrate's court and let the judge decide. I am assuming that the damage amount is less than $7,500. If so, then go to the magistrate....

    1 lawyer agreed with this answer

  9. 68,000 property foreclosed sold for 2,000 now I recd 1099A. What is this?

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    1 lawyer answer

    It sounds like you are receiving a notice of forgiven debt, which can count as income for tax purposes. However, if this property was your principal residence at the time of foreclosure, then you should be able to prevent the forgiven debt from being treated as income on your taxes. Make sure to give this to your tax professional and check with that person about not having to pay taxes on this forgiven residential mortgage debt. On the other hand, if you are concerned that the property was...

    1 lawyer agreed with this answer

  10. If you are wanting to file bankruptcy, how do you find out everything that you owe on?

    Answered over 1 year ago.

    1. Jordan Bergus
    2. Scott Benjamin Riddle
    3. Megan Dyanna Dennis
    4. John R. Cantrell Jr.
    5. Helene Thaissa W. Bergman
    5 lawyer answers

    You can, of course, pull a credit report to see all of the creditors that are publicly reporting on debts that you owe. However, if you file bankruptcy, many lawyers will pull a credit report as part of the process, in order to make sure that all debt is addressed in the bankruptcy. So, if you are going to hire an attorney to file bankruptcy anyway, then it may be better to wait to pull the report until in the bankruptcy process, since that way the creditor information will be more recent.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful