Derick Calmerin Villanueva’s Answers

Derick Calmerin Villanueva

Atlanta Personal Injury Lawyer.

Contributor Level 6
  1. Can a senior citizen file bankrupt on all credit cards and still keep her house

    Answered about 5 years ago.

    1. Derick Calmerin Villanueva
    2. Glen Edward Ashman
    3. Reginald M Sealey
    3 lawyer answers

    My practice has represented many senior citizens in their bankruptcy cases and yes, in most instances, senior citizens can discharge all credit cards on a straight Chapter 7 bankruptcy and obtain a discharge. Unless a creditor can raise grounds that you obtained credit or a loan through material or false misrepresentation or transfered property through fraudulent conveyance, they cannot object to your discharge. However, the house is still the main concern for most senior citizens since...

    3 people marked this answer as helpful

  2. What rights does a business owner have with a debt collector for credit card debt?

    Answered about 5 years ago.

    1. Derick Calmerin Villanueva
    2. Teri A. Walter
    3. Mark Hankins
    3 lawyer answers

    Unfortunately because the debt is "business" and not personal or consumer, you cannot avail yourself of any rights under the Fair Debt Collection Practices Act (FDCPA) which requires debt collection agencies to send you a validation letter which describes the alleged debt owed, interest and other charges. Dealing with business debt is tricky since the law assumes that most business owners are more sophisticated and savy than the average consumer and that the parties deal at "an arms length"...

    2 people marked this answer as helpful

  3. Should I file for bankruptcy after I settle my lawsuit for personal injury or before?

    Answered about 5 years ago.

    1. Derick Calmerin Villanueva
    2. Matt Bryant
    3. Theodore Lyons Araujo
    3 lawyer answers

    Dear Sir: First of all, please be advised that I practice in Georgia and not in New York and thus New York laws may differ on this case. I practice in both personal injury and bankruptcy and I have had clients in similar situations. Most states like Georgia have property exemptions that you can claim to keep in bankruptcy. In Georgia, a Debtor can claim up to $10,000 of a personal injury settlement. For instance, if your personal injury claim yeilded a $50,000 settlement (less $20,000 in...

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  4. Garnishing a judgment debtor's bank account

    Answered about 5 years ago.

    1. Shawn B Alexander
    2. Derick Calmerin Villanueva
    2 lawyer answers

    Usually garnishing a bank account is not the best way to collect a judgment. Depending on what state you are in, you would have to send a summons of garnishment both to the bank institution and the last known address of the defendant. If the defendant gets word of the impending bank garnishment, they will have advance notice and close the account and thus prevent you from ever collecting on the account. The best garnishment practice is to find out their employment and garnish their wages. If...

    2 people marked this answer as helpful

  5. Can I discharge the debt from a personal injury law suite via bankruptcy?

    Answered about 5 years ago.

    1. Harley Aaron Feinstein
    2. Jeffrey Daniel Larkin
    3. Mark Carleton Blane
    4. Derick Calmerin Villanueva
    5. Craig Dennison Robins
    5 lawyer answers

    Dear Sir or Madam: Pursuant to the US Bankruptcy Code a Chapter 7 discharges those debts which are: 4) Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated. Based on my understanding of your case, since the accident resulted from mere negligence which was not intentional or reckless and did not involve alcohol or drugs, those debts may be subject to discharge under Chapter 7 bankruptcy. Please be advised that I am not licensed...

    1 person marked this answer as helpful