Daniel Dwight Bowen’s Answers

Daniel Dwight Bowen

Atlanta Debt Collection Attorney.

Contributor Level 13
  1. I filed a Chap.13 with my now ex-husband in 2008 but it was dismissed later that year for nonpayment. Can I now file a Chapter 7

    Answered over 1 year ago.

    1. Daniel Dwight Bowen
    2. Carl H Starrett II
    3. Kathryn Ursula Tokarska
    4. Brian James Russell
    5. Daniel J. Winter
    6. ···
    6 lawyer answers

    The fact that you filed a Bankruptcy in 2008 which was dismissed will not prevent you filing a Chapter 7. You still have to meet the means test to determine that your are eligible.

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How do i get a judgment removed

    Answered over 2 years ago.

    1. Daniel Dwight Bowen
    2. Robert M. Gardner Jr.
    3. Derek R. Caldwell
    4. Glen Edward Ashman
    5. Steven Anderson Leahy
    6. ···
    6 lawyer answers

    If the judgment was entered after you filed bankruptcy, I would demand that the party who got the judgment vacate the judgment which they can do by filing a motion. The fact of the judgment could cause problems later. For example, a credit reporting agency could report the fact of the judgment as public record information and removing the judgment from your credit report would be a problem. The creditor should also release the FIFA which acts as a lien against your property. You should...

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  3. WILL BANKRUPTCY WILL FREE ME FROM DEPT CHILD SUPPORT OR TAX ( I USED TO OWN BUSINESS )

    Answered over 1 year ago.

    1. Daniel Dwight Bowen
    2. Curtis Lamar Harrington Jr
    3. Robert Jan Suhajda
    4. Jeffrey B. Lampert
    5. Gregg Garth Heckley
    5 lawyer answers

    You are not able to get court ordered child support discharged in bankruptcy. You should consult with a domestic relation attorney and consider filing to reduce your child support. You cannot discharge income tax owing for the last three years. You may not discharge trust fund taxes if yiu were the "responsible party" in the business. If you currently have sufficient income, you may file a Chapter 13 Plan to pay back the child support and taxes over 3-5 years. You should also consult with...

    8 lawyers agreed with this answer

  4. Filed ch 7, discharged in 2009. Did not reaffirm mortgage. Still in the house making payments. I am ready to walk away.

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Daniel Dwight Bowen
    3. John Michael Spain
    4. Dorothy G Bunce
    5. Robert M. Gardner Jr.
    6. ···
    6 lawyer answers

    Whether you will be able to obtain a loan at market rates is open to question. You should check your credit report (free at annualcreditreport.com) and make sure that all debts you bankruptced are reported as 0 balance. If not dispute them. Then, find out your credit score. I would recommend contacting a reputable loan broker or small lender.

    5 lawyers agreed with this answer

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  5. Can I be sued in both Superior Court and Magistrate Court at the same time for the same debt?

    Answered over 2 years ago.

    1. Daniel Dwight Bowen
    2. Alvin S. Albert
    3. Wesley Kent Hill
    4. John William Nelson
    4 lawyer answers

    The pendency of the first suit is a good defense to the second defense. OCGA 9-2-5 which states: "No plaintiff may prosecute two actions in the courts at the same time for the same cause of action and against the same party. If two such actions are commenced simultaneously, the defendant may require the plaintiff to elect which he will prosecute. If two such actions are commenced at different times, the pendency of the former shall be a good defense to the latter."

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  6. What do you do if you were in two different accident?

    Answered over 2 years ago.

    1. Daniel Dwight Bowen
    2. Christian K. Lassen II
    3. Chad Guevara Boonswang
    4. Glen Edward Ashman
    4 lawyer answers

    In accident 1, you have a claim for physical injury against driver 1. In accident 2, you have a claim for seperate and distinct physical injury against driver 2 plus damages for any old injuries that were aggravated by the second accident.

    5 lawyers agreed with this answer

  7. Debt Collector

    Answered over 2 years ago.

    1. Daniel Dwight Bowen
    2. Mark S. Bosler
    3. Corey Dustin Silverstein
    4. John William Nelson
    4 lawyer answers

    You have rights under the Fair Debt Collection Practices Act. You want to send the Cease and Desist letter certified or Fed.Ex so you can prove delivery and keep a copy. If the collector ignores the letter contact a consumer attorney in your area. The collector should also have sent you the Initial communication letter telling you of your rights. If the debt is allegedly from a doctor you have used, you may want to contact the doctor's office to try and clear up the problem. The collector...

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  8. Collection - How to effectively collect the overpayment from doctor’s office?

    Answered over 2 years ago.

    1. Daniel Dwight Bowen
    2. Glen Edward Ashman
    3. Scott Thomas Bushnell
    3 lawyer answers

    I would write a very nice letter explaining how the overpayment occurred and requesting a refund. I would send the letter certified and keep a copy. If a refund is not forthcoming you might check with the insurance company and ask for their help. A further step would be the governor's office of consumer affairs. They may or may not have jurisdiction over doctors. As a last resort you could consider an action in small claims court. Call the small claims court to get information on which...

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  9. Can a repo agent threaten an arrest warrant? And also leave a voicemail on a relative's phone threatening it also?

    Answered over 2 years ago.

    1. Alvin S. Albert
    2. Daniel Dwight Bowen
    3. Michael J Corbin
    4. Stephen Nathan Doan
    5. Tom Arany
    5 lawyer answers

    As mentioned by Tom you more than likely have a claim under the Fair Debt Collection Practices Act for abusive debt collection. I would talk to an attorney in Tennessee where you live and one in Georgia to decide which state would be most favorable. TN might have a state debt collectoin statute. Georgia does not but does apply its unfair business practice act statute to some abusive collection activity. If the vehcile is in TN you should immediately consult with an attorney there about...

    4 lawyers agreed with this answer

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  10. Am I suppose to call my debtors?

    Answered over 1 year ago.

    1. Robert M. Gardner Jr.
    2. Glen Edward Ashman
    3. Daniel Dwight Bowen
    4. Derek R. Caldwell
    4 lawyer answers

    The filing of a bankruptcy results in seperating debts that came due before the filing (referred to as prepetition debts) from debts that come due after the filing which are post-petition debts. In a Chapter 13 you propose a Plan to pay back the pre-petition debts over the life of the Plan (usually 3-5 years). Normally, continuing living expenses such as mortgage, utilities and the like are paid monthly as reflected in the monthly budget filed with your case. Mortgages present challenges in...

    4 lawyers agreed with this answer