Shannon Daspit McDuffie’s Answers

Shannon Daspit McDuffie

Decatur Bankruptcy Attorney.

Contributor Level 8
  1. I had my debts discharged in bankruptcy court last year, but wages are just now being garnished.

    Answered about 1 year ago.

    1. Glen Edward Ashman
    2. Shannon Daspit McDuffie
    3. Robert M. Gardner Jr.
    4. Alan D. Walton
    4 lawyer answers

    The code excepts student loan discharge from discharge UNLESS a debtor files an affirmative action (called an adversary proceeding) to determine that the debt was not excepted from discharge. There was also a deadline where you had to have begun this process "to determine the dischargeability of certain debts." If you didn't do this in the Chapter 7 (and it sound like you didn't have an attorney handle the Chapter 7 case) then the debt survived the discharge. If you had an attorney who...

    3 lawyers agreed with this answer

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

    Answered almost 5 years ago.

    1. Shannon Daspit McDuffie
    2. Bryan Scott Skillman
    2 lawyer answers

    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....

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  3. Summons of Garnishment

    Answered almost 4 years ago.

    1. Danielle Jeanne Eliot
    2. Shannon Daspit McDuffie
    3. Theodore Lyons Araujo
    3 lawyer answers

    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...

    2 people marked this answer as helpful

  4. If I am co owner in a new llc business, can I be sued for credit card debts, etc from when I did business as a dba? sole owner

    Answered almost 4 years ago.

    1. Shannon Daspit McDuffie
    2. Glen Edward Ashman
    3. Howard P Slomka
    4. Malcolm Wallace Ruthven
    4 lawyer answers

    Yes. I advise you to consult with an attorney who will explain the finer-points of the corporation that you've formed. The LLC entity that you formed is intended to draw a circle around your 'stake' of liability. But it cannot protect you when you incurred debt as a sole owner. That is because you are personally liable for the debt that you incurred as a DBA sole proprietor. Any asset accounts you open in the name of the LLC will also be your personal property (to the same % of ownership...

    1 lawyer agreed with this answer

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

    Answered about 4 years ago.

    1. Shannon Daspit McDuffie
    2. Danielle Jeanne Eliot
    3. Glen Edward Ashman
    3 lawyer answers

    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...

    2 people marked this answer as helpful

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

    Answered almost 4 years ago.

    1. Shannon Daspit McDuffie
    2. Craig Dennison Robins
    2 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered almost 4 years ago.

    1. Elmer H. Young III
    2. Shannon Daspit McDuffie
    3. Dorothy G Bunce
    4. Mitchell Paul Goldstein
    4 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered about 4 years ago.

    1. Glen Edward Ashman
    2. Jennifer Arden Jakob
    3. Shannon Daspit McDuffie
    4. Danielle Jeanne Eliot
    5. Theodore Lyons Araujo
    6. ···
    7 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered about 4 years ago.

    1. Danielle Jeanne Eliot
    2. Shannon Daspit McDuffie
    3. Glen Edward Ashman
    4. Alon Joseph Nager
    4 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered almost 4 years ago.

    1. Danielle Jeanne Eliot
    2. Shannon Daspit McDuffie
    2 lawyer answers

    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...