John R. Cantrell Jr.’s Answers

John R. Cantrell Jr.

Goose Creek Bankruptcy Attorney.

Contributor Level 8
  1. I was just put in active forclosure and I want to keep my home.

    Answered over 1 year ago.

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

    Yes. You should be able to catch it up and get out of foreclosure. The problem may be that they could add foreclosure attorney fees to the balance due, which may be a good bit more than you currently owe. Set aside the payments that they won't take now, so that you can use them to catch up the account as soon as you are able to do so. You should also request a reinstatement figure from them, so that you have in writing how much it will take to catch it up.

    Selected as best answer

  2. What if I can't retrieve the secured property to give back under chapter 7 bankruptcy texas law

    Answered over 1 year ago.

    1. Andrew Davis Oostdyk
    2. John R. Cantrell Jr.
    3. John Thomas Black
    3 lawyer answers

    Who cares? You surrendered the boat, so you no longer have an interest in it. The Chapter 7 trustee's job is to locate and liquidate any non-exempt or surrendered assets that have some value, so it is the trustee's job to locate the boat and sell it, if he wants to do so. Of course, you are required to cooperate with the trustee and not withhold any information that you might have that would allow the trustee to do his job, but it is his job to locate the boat, not yours. Unless a creditor...

    2 lawyers agreed with this answer

  3. Is this harassment ?

    Answered about 1 year ago.

    1. John A. Jackson
    2. John R. Cantrell Jr.
    2 lawyer answers

    It sounds like they could be violating both the FDCPA and our similar state statute, the SC Consumer Protection Code, which applies to original creditors as well as collection agents. Some consumer protection attorneys, such as myself, can be retained to completely protect you from contact with the creditor, under penalty of law, for very reasonable rates. In addition, the SC law provides that if you write them a letter instructing them not to contact you at your work location, that they must...

  4. After filing for bankruptcy over 2 years ago, if you sell your home, can and will your debtors take the profit money?

    Answered about 1 year ago.

    1. John R. Cantrell Jr.
    1 lawyer answer

    I am assuming you filed a Chapter 7 bankruptcy, which is the kind where you don't have to make monthly payments for 3-5 years after filing. If so, then the house is yours and the creditors can't do anything if you sell your home. However, if you are in an active Chapter 13 bankruptcy, and still making monthly payments to a trustee, then you need to get permission to sell your home from the court, so contact your bankruptcy attorney if you are in a 13, but don't worry about it if you filed a 7....

  5. I have some premarital debt and no joint debt with my husband, am I able to file bankruptcy on my premarital debt in SC?

    Answered about 1 year ago.

    1. John R. Cantrell Jr.
    1 lawyer answer

    Yes, you can file on your own. Your husband is not required to file. I am assuming that there have been no recent asset transfers from you to your husband, either before or after your marriage, since that would raise other issues.

  6. How do I handle Sallie Mae in regards to the ongoing late fee interest being added to school loan.

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    2. Scott Benjamin Riddle
    2 lawyer answers

    Have you tried asking Sallie Mae how much it would take to bring the account current? That way you should be able to determine whether or not you agree with them regarding whatever payments that they allege have been missed.

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

    Answered over 1 year ago.

    1. Jeffrey Scott Hyslip
    2. Scott Benjamin Riddle
    3. Jeffrey B. Peltz
    4. John R. Cantrell Jr.
    4 lawyer answers

    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...

  8. Does South Carolina allow hospital lien?

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    2. John A. Jackson
    2 lawyer answers

    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...

  9. What can the credit card co. do if you stop paying them?

    Answered over 1 year ago.

    1. Michael J. Ireland
    2. Stephan Victor Futeral
    3. John R. Cantrell Jr.
    4. Ross Carl Goodman
    5. Eric Jerome Gold
    6. ···
    6 lawyer answers

    You should get an evaluation by a consumer protection lawyer to see if you are "judgment proof" or not. If so, and you are not concerned about having a judgment placed against you, but only concerned about stopping harassing collection efforts, then you can do a couple of things in that regard as well. If they are contacting you at work, you can send them a letter asking them not to contact you any longer at work. You can't prevent them from contacting you at home on your own, but you can...

  10. Can I ask for interest paid on money held by a company which did not provide service (item) promised?

    Answered over 1 year ago.

    1. John R. Cantrell Jr.
    1 lawyer answer

    Perhaps increasing the pressure on the company to treat you better would help, and might resolve it without much time or any expense on your part. You might consider filing a complaint with the Better Business Bureau where the company is located. In addition, you should file a complaint with the SC Dept of Consumer Affairs. The link to their website is below, and they have an online complaint form that you can easily fill out.