Skip to main content
John R. Cantrell Jr.

John Cantrell’s Answers

76 total


  • My loan was written off another company bought it I paid them $3400 money I don't have I cant pay anymore

    they threaten fraud how is it fraud just because I stopped paying can I go to jail?

    John’s Answer

    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 you with jail for not paying or with other actions that they can't legally take, then it is possible that they have violated both the FDCPA and the SC Consumer Protection Code, which applies both to original creditors and collection agents. If you wish to see if you have any actions that can be taken against the creditor in this matter, then you should consult a consumer protection attorney. You can find a list of such attorneys at the link below.

    See question 
  • I filed a chapter 7 and included a personal loan. The payments were taken directly out of my pay. The bankruptcy was filed in

    December but they continued taking out the payments until a few days ago. They stated that since they weren't notified until late April they won't return the money they received from January to May . My lawyer is on vacation so I can't ask him at ...

    John’s Answer

    There are SC bankruptcy cases on point on this issue. Their continued deductions from your pay are a violation of the automatic stay under 11 U.S.C. 362(a). At a minimum, they will have to return the funds taken from you after the bankruptcy was filed. If the bankruptcy trustee chooses to do so, he may decide to get back payments made to them within 90 days prior to your filing the bankruptcy as a preference to this particular creditor. Make sure those payments made to them within 90 days prior to filing are listed on your Statement of Financial Affairs, unless they don't exceed a total of $600. If the creditor continued to take payments after having been notified of the bankruptcy, they may also be liable for punitive damages. Check with your bankruptcy attorney about this matter first.

    See question 
  • 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

    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 or criminal record????

    John’s Answer

    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.

    See question 
  • They granted a relief on my automatic stay

    this is for my mortgage, but i don't want to lose my home

    John’s Answer

    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 loan modification to make the loan more affordable, if you can qualify for a loan modification. If you have the funds to do so, you may wish to hire a foreclosure defense lawyer once you are served with the foreclosure papers.

    See question 
  • Should I declare bankruptcy or allow foreclosure to proceed?

    I have become disabled (Since 12-4-12) and my employer had to fill my position, so they terminated my employment as of 1-29-13. I am 3 months behind on my mortgage and with my disability, will be unable to catch up my mortgage, which is a HUD loa...

    John’s Answer

    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 Complaint (normally on the first page) to see if it says Deficiency Waived or Deficiency Not Waived. If the deficiency is waived, then they just want the house back, and won't try to get a judgment against you for any money owed to them after foreclosure. If they do get a deficiency judgment against you, that would be a good reason to consider filing a bankruptcy.

    See question 
  • Can a mortgage be discharged with bankruptcy?

    I am on a mortgage with my ex (we were never married). My ex refuses to refinance or sell in order to get me off of the mortgage. Meanwhile, my ex has taken out credit cards under my name and social security number and I am not able to pay all of ...

    John’s Answer

    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.

    See question 
  • Does South Carolina allow hospital lien?

    Does South Carolina allow hospital lien?

    John’s Answer

    I don't know what you mean by a hospital lien. If you are asking if a hospital can sue you and get a judgment against you for a debt owed to the hospital, then the answer is yes, they can. If the hospital is a state hospital, then they can also garnish your state income tax refund towards that debt as well. Otherwise, they will be limited to collecting against your other non-exempt assets, if any, that you may have. Medical debts are unsecured debts, and can usually be discharged in a bankruptcy, if you have enough debt to merit considering this option. I suggest a consultation with a bankruptcy attorney or a debt collection defense attorney to see what your options might be.

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

    I hold the mortgage on a property, and the borrower defaulted. I want to foreclose, but rather than have the property sold at auction, I would rather have the property back. Is there a way to do this?

    John’s Answer

    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, plus possibly a deficiency judgment against the borrower if the property is worth less than the mortgage balance.

    See question 
  • I filed for bankruptcy last August the house was surrendered , it was discharged last October .

    The bank is still contacting me and wants to do a short sell or $ 3 , 000 . 00 , " maybe more " to do the cash for keys ! If I do the cash for keys , will that effect or change anything with my bankruptcy since the house was already includ...

    John’s Answer

    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 with the cash for keys offer, which will benefit both you and the bank, since it will cost them less to recover the house.

    See question 
  • Will I be able to get my official transcript under the chapter 7 automatic stay?

    I owe past due tuition but will need my transcript before the case is completed.

    John’s Answer

    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 from withholding your transcript merely due to the forgiveness of the tuition debt.

    See question