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Phyllis Gingrey Collins
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Phyllis Collins’s Answers

50 total


  • Chapter 7 bankruptcy husband and wife file separate to save equity. Off the wall, or a good plan?

    We met with a lawyer last week for chapter 7. Most debt from biz & no income. Problem is we have abt $100000 equity in house. Lawyer said even with exemptions about $50k and costs to sell the trustee would still get enough to have maybe 20-25000. ...

    Phyllis’s Answer

    Does not sound like a good plan to me.

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  • Do I need a criminal defense attorney?

    I was charged with a misdemeanor of possession of marijuana. I am a first time offender with a clean record. Can I plea first offender? I am 17 and do not need to keep it on my record. Also, I was never told my Miranda rights. What is my best opti...

    Phyllis’s Answer

    You should hire an attorney in the Valdosta area and inquire about Diversion. That's a special program designed for first offenders and may be a chance for you to avoid having a conviction on your criminal record. It will probably cost you between $1,000 and $2000. Money well spent...

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  • 1st Offense Misdemeanor Theft By Taking in Cobb County

    Ok, i made a stupid decision. I took some rims from a car that appeared to be abandoned, but now i am being charged with Misdemeanor Theft by taking. The only reason its not a felony is because i spilled my guts to the officer interrogating me. I ...

    Phyllis’s Answer

    Have you ever been in trouble before? If not, you MAY qualify for a diversion program. You definitely need representation. This type of charge can have a negative impact on your employability.

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  • Me and mom are on deed of her and dads house. House is paid for, Im filing for chapter7 , can they take my parents home.

    Put on deed about 5 years ago, I dont live there

    Phyllis’s Answer

    The trustee stands in your shoes & assumes the same rights you would have to the property.

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  • How long can another county hold an inmate for a different county warrant if he turn himself in?

    im on probation for 1 year and the warrant been out since earlier this year...my charge was driving wit suspended license

    Phyllis’s Answer

    72 hours unless there are other outstanding matters holding you in that county. If you were only on probation for driving on a suspended license, have someone go pay your fine in full right away. That may improve your situation.

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  • If i have a warrant in one county and turn myself in in another how long does it take to get out before the other county comes

    driving suspended license was the charge...plus im on probation

    Phyllis’s Answer

    No longer than 72 hours.

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  • If I file Chapter 13 bankruptcy but find myself unable to make the payments, can I then refile for Chapter 11 bankruptcy?

    I filed Chapter 13 bankruptcy in the hopes of keeping my house. I am working part time and in the process of finding full time employment following a layoff. However in order to qualify for the Chapter 13 payment plan, my lawyer tells me I need ...

    Phyllis’s Answer

    Why are you considering doing that? Have you considered converting to a Chapter 7? Do you have assets that you are trying to protect? I don't think you will be able to afford the Chapter 11 if you cannot fund a Chapter 13. You can convert to a Chapter 7 if you have not filed a Chapter 7 in the last 8 years. The time you've been in a 13 would have to be added to the 8 year bar.

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  • I violated felony probation 6 months ago, My probation officer at the time told me she wasnt going to violate me,

    Since then my probation officer as changed 3 times and i have yet to meet any of the new ones due to the fact that i call in to report, Now, I all of a sudden have a warrant for my arrest because of what happened 6 months ago....Will this hold in ...

    Phyllis’s Answer

    Sometimes in this situation a lawyer can negotiate with probation and get everything worked out before you actually get arrested. It just depends on the jurisdiction and the probation officer. It is very important that you select an attorney who practices regularly in the court that you were sentenced in. Also, it would be best if the attorney knows the probation office which is monitoring you.

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  • Do I still have to pay the debt portion with chapter 7 filing.

    Can you please clarify? My friend called me said that he is seeking to file BK Ch 7. He thought chapter 7 will help him clear all the debts that he owe. But the lawyer that he talked to tell hime that he still have to pay the portion. I ask him...

    Phyllis’s Answer

    Chapter 13 is a repayment plan. Chapter 7 is a total discharge of all "dischargeable" debts. Some debts cannot legally be discharged.

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  • What happens when you file chapter 7 with a credit union that you owe money to?

    In other words, is the credit union and it's members protected by National Credit Union Share Insurance Fund( NCUSIF)?

    Phyllis’s Answer

    You can usually discharge the debt but will be kicked out of the credit union.

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