Shannon Daspit McDuffie's Answers

Chapter 7 Filed - Means Test concerning Veterans Disability. We filed for Chapter 7 and are awaiting the creditor meeting.

There is actually a test that determines whether or not a disabled veteran is immune from the means test. First 'disabled' is defined in 38 U.S.C. § 3741(1)). Did the indebtedness occur during the period which the veteran was on active duty? (as defined in 10 U.S.C. §101(d)(1))? OR Did the indebtedness occur while the veteran was performing homeland defense activity? (as defined in 32 U.S.C. §901(1))? If neither applies, I don't think the debtor is immune from the means test....

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Summons of Garnishment

If you're not working and no money in the bank then what on earth is your creditor going to garnish? Does your home have equity to support a lien? If you have no income and no equity, then you may be bullet proof my friend. If you're bullet proof there is no reason to worry about the judgment. I urge you, however to explore your options. If your only income is SSI, then I bet appearing at the hearing and/or communicating that fact to the attorney who is suing you will result in...

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I have filied Chapter 7 bankruptcy. I do not want to loose my home.

We've seen the answer to this question evolve over the past few months. Yes, your lender can still foreclose on you even if you are in Chapter 7 bankruptcy. But first your lender will have to file a motion to lift the stay protecting your property. This motion is typically granted by the bankruptcy court if you're not current. If you've missed payments, or don't have a fully executed loan modification agreement prior to filing bankruptcy, your lender's attorneys may take the position that...

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Can I sue the mortgage lender for sending me foreclosure notices after my bankruptcy has been discharged?

Have you called your bankruptcy attorney to ask him or her to explain why you are still getting these letters? They are not a discharge violation because they are not an attempt to collect debt. They are complying with the state law that says they have to mail you notice of the sale. Since you're getting their letters, I think you must be in the house still. Therefore those letters tell you when you'll need to be out of the property. If you are in the property after the foreclosure...

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How are joint account holders affected when they are considered the primary source?

If you were my client filing chapter 7 bankruptcy with a car that you can't pay for (but mom is a joint consignor) I'd discuss the possibility of filing bankruptcy then 1. surrendering the car about a month after you file 2. get new wheels by explaining your options to you and 3. explain what will happen to your mom. Once you file bankruptcy and the vehicle is surrendered, you will not be liable for the debt. Your mom however, will be 100% liable for what is called the deficiency. The...

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Being in a short sale process in FL, but got a lawsuit from GA for the second mortgage. Need some advice

I advise you to consult with a Georgia licensed bankruptcy attorney BEFORE the short sale closes. In addition to determining how a potential filing will impact your other assets and property, the attorney will explain how the Florida property might help you on the dreaded means test. It may not matter in the end, but I've personally had clients who qualified for Chapter 7 filing because of property that was surrendered or sold after the filing of the bankruptcy. Please check out the link...

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Can a debt that was charged off by the creditor be collected after a discharged bankruptcy ?

Snap-on probably had a 'cross collateralization' clause in the paperwork that you signed for all of the tools and equipment that you bought from them. This clause basically said that default for the debt for any of the tools/equipment that you bought amounted to default to ALL collateral. Here's a link to a blog entry I wrote that explains these clauses: http://www.atlbkblog.com/2009/08/dragnet-clauses-can-sink-you-im-not.html Snap-on probably had a security interest in the laptop that...

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My wife and i are being garnished for the full amount of the same debt that we co-own. Is this legal?

I suspect that you and your wife were sued by one of the large debt collection firms in Atlanta. The firm may not realize that it sued you both in two different cases. The reason you were both sued is because you are joint and severally liable for the debt. Joint and several means that each account owner has 100% ownership of the debt. But there is still just one debt. I agree that the fees and fines have probably upped the balance. I've seen debt collection suits for double the amount...

Does the statue of limitations apply in a debt from 2002?

Yes, you should have your husband open up a new account without you. The fact that Georgia is not a marital property state will not protect you from the creditor who is pursuing you. I suspect that you've been subpoenaed so that you'll have to testify where your account is. That way, the creditor can get the contents of the account. Watch out because the creditor could get 100% of the account. It doesn't matter that only some of the money is yours. You didn't indicate that this was the case,...

What can I do about losing money invested in a real estate deal now filing for bankruptcy?

Are you a creditor of our esteemed gubernatorial candidate? I kid... Notifying your tax consultant may result in you being able to write off the loss. I agree that you need a consultation with a bankruptcy attorney who can review the pending case and explain your options. Shannon McDuffie