John R. Cantrell Jr.’s Answers

John has answered 46 questions

• I live in California, and would like to know if I can file a bankruptcy seperate from my husband?

  Asked by a user in Ontario, CA - 3 months ago.

  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...

  8 lawyers agreed with this answer

• If I want to withdraw from chapter 7 bankruptcy, might there be a problem doing so?

  Asked by a user in Santa Cruz, CA - 3 months ago.

  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

• 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?

  Asked by a user in Arleta, CA - 3 months ago.

  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...

  5 lawyers agreed with this answer

• Can a bank foreclose on us without their name on the title

  Asked by a user in Lancaster, SC - 3 months ago.

  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...

  3 lawyers agreed with this answer

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

  Asked by a user in Spanaway, WA - 3 months ago.

  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...

  4 lawyers agreed with this answer

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

  Asked by a user in Saint Petersburg, FL - 3 months ago.

  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...

  4 lawyers agreed with this answer

• Should I declare bankruptcy or allow foreclosure to proceed?

  Asked by a user in Fountain Inn, SC - 2 months ago.

  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...

  2 lawyers agreed with this answer

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

  Asked by a user in Greenville, SC - 3 months ago.

  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...

  2 lawyers agreed with this answer

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

  Asked by a user in Columbia, SC - 3 months ago.

  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...

  2 lawyers agreed with this answer

• Looking for a divorce attorney that would be able to help me out for a child support hearing. But I am financially strapped,

  Asked by a user in Fort Mill, SC - 3 months ago.

  You might contact SC Legal Services, our state's legal aid group, to see if they might can assist in this type of matter. Also, if you have a lot of other debt, and could pay your child support if...

  2 lawyers agreed with this answer

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