J. Jeffrey Williams’s Answers

J. Jeffrey Williams

Duluth Bankruptcy Attorney.

Contributor Level 13
  1. I just finish charpter 13. I just couldn't make payment on bills like hospital bills,apartment. Can I file Chapter 7 now?

    Answered almost 2 years ago.

    1. J. Jeffrey Williams
    2. Glen Edward Ashman
    3. Alan D. Walton
    4. Robert M. Gardner Jr.
    5. Hermin A. Dowe
    6. ···
    9 lawyer answers

    Do you mean the Chapter 13 was dismissed for non-payment? Or did you successfully complete your Chapter 13, in which case your remaining apartment and medical bills would have been discharged? It sounds like you mean the former. If so, yes, you can file a Chapter 7 now.

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  2. Can a finance company keep coming to my house to collect a debt after they have been told I'm filing bankruptcy .

    Answered 4 months ago.

    1. J. Jeffrey Williams
    2. Glen Edward Ashman
    3. Carson Robert Walden
    4. Shelley Ann Elder
    5. Robert M. Gardner Jr.
    5 lawyer answers

    Just telling them you are GOING TO file does not give them notice or any reason to stop. As soon as you ACTUALLY file, send them a copy of the Notice of Bankruptcy Filing or give them the bankruptcy case number. Unless they're complete idiots, that will stop them. You can also tell them, with or without bankruptcy, to never come to your house again and to hereafter mail any collection materials they want to give you. Never speak to them or answer the door for them again after that. Keep...

    9 lawyers agreed with this answer

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  3. Can you file bankruptcy on a judge ruling for a monetary lawsuit?

    Answered about 2 years ago.

    1. Glen Edward Ashman
    2. J. Jeffrey Williams
    3. Dorothy G Bunce
    4. Steven Anderson Leahy
    4 lawyer answers

    In addition to the good advice the other lawyers gave, I would mention that there are two reasons it is often better to file bankruptcy for a dischargeable debt before rather than after it goes to court: First, if it goes to court first and judgment is entered against you, a lien can later be filed against any property you own, as well as garnishing of your wages and/or bank accounts. Second, the debt going to collection is normally a strike against your credit; then when judgment is entered...

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  4. My ex has filed chap 13 bankruptsy. Can I file contempt if those debts he was responsible for in our divorce are discharged?

    Answered about 2 years ago.

    1. J. Jeffrey Williams
    2. Walter C Oney Jr
    3. Robert M. Gardner Jr.
    4. Peter Walter Weston
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    No. If it is not considered to be domestic support, it is discharged, and a contempt action will fail. However, you could launch a legal action to enter the case and attempt to have the expenses declared domestic support and hence non-dischargeable. There are two possible obstacles to doing this: (1) Most trustees are competent, sharp lawyers. If the trustee knows a divorce is involved and declares the items you refer to are not domestic support, chances are he is right. (2) You will need...

    8 lawyers agreed with this answer

  5. I'm being sued by Discover Card for past amount. I'm on Social Security and have no other money.

    Answered 2 months ago.

    1. Glen Edward Ashman
    2. J. Jeffrey Williams
    3. Kris K. Skaar
    4. Stephanie O Joy
    4 lawyer answers

    There are two ways you could handle this: 1. You could do nothing,except inform the lawyer for Discover that your only money is from SS, and he better not touch it or you will sue him. He may or may not drop the suit after hearing that. Also, put your bank on notice; some people even want to re-title their bank account, so it reads "John Doe Social Security Account." However, if you own your home, they could then put a lien on your home, collectible if the house is ever sold. 2. You could...

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  6. Can we file to collect a monetary settlement awarded to us in small claims court in 2007 when the defendant filed bankruptcy?

    Answered about 1 year ago.

    1. J. Jeffrey Williams
    2. Scott Benjamin Riddle
    3. Glen Edward Ashman
    4. Robert M. Gardner Jr.
    4 lawyer answers

    IF the defendant listed your judgment in his bankruptcy filing (which he probably did), and IF the bankruptcy was discharged (not dismissed), it is noncollectable forever. Most Chapter 7 bankruptcies typically are discharged within 5 months or less of filing; but Chapter 13 bankruptcies last 3 to 5 years, and often are dismissed without discharge for any of several reasons. Hire a bankruptcy lawyer to look up this person's case for you (we would charge $20) and find out. If the debt was not...

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  7. Took loans for graduate school, however did not complete the last year due to depression and life stresses. Can't afford loans.

    Answered about 2 years ago.

    1. J. Jeffrey Williams
    2. Robert M. Gardner Jr.
    3. Glen Edward Ashman
    4. Robert A. Stumpf
    5. Marc Gregory Wagman
    5 lawyer answers

    In order to get the hold on your record removed, you must deal with the existing indebtedness. In response to lender lobbyists, Congress gave special powers to student loan collectors. Depending on the lender, they can garnish wages without a court order, intercept your IRS refund, take money from SS checks, charge collection fees of 25% of the loan, charge commission fees of 28%, etc. The Bankruptcy Code provides that although student loans are normally not dischargeable under either...

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  8. How does my sister, who is the "back-up" executor listed in my mother's will, take over executing the will?

    Answered 7 months ago.

    1. Alfred Fargione
    2. Glen Edward Ashman
    3. J. Jeffrey Williams
    3 lawyer answers

    It is very unlikely that he will voluntarily step aside as executor. Unless he does, your only choice is to hire an estate attorney to take him to court to replace him as executor for his refusal to honor your mother's last wishes. (Maybe if you tell him you are prepared to do that, he might comply with her wishes to avoid embarrassment.)

    7 lawyers agreed with this answer

  9. In the state of Georgia.. Is their an Executor fee handling an estate , even if relative

    Answered about 2 years ago.

    1. Loraine M. DiSalvo
    2. J. Jeffrey Williams
    3. Glen Edward Ashman
    3 lawyer answers

    Executors are now called "Personal Representatives" in Georgia law, and are entitled to "reasonable expenses incurred in the administration of the estate" such as travel expenses, bonding costs, hiring attorneys, etc.. In addition, when the final numbers are known, the Personal Representative is entitled to two and one-half percent of all money he has collected for the estate, and two and one-half percent of all money he has paid out for the estate, whether for debts of the estate or to heirs....

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  10. I have a bank that is about to have my job start garnishing my wages at work. Can i file bankrupt and have that stopped.

    Answered about 1 month ago.

    1. J. Jeffrey Williams
    2. Blake Owen Brewer
    3. Edward George Hanratty
    4. Adrian Kaspar Pritchett
    4 lawyer answers

    If you have a lot of other bills you can't pay, you may be overdue for bankruptcy. By all means have a preliminary conference with a bankruptcy attorney (usually free) to examine your alternatives. Garnishment means you will lose one fourth of your income. Bankruptcy will stop garnishment.

    6 lawyers agreed with this answer

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