Kenneth Allen Parker’s Answers

Kenneth Allen Parker

Buford Bankruptcy Attorney.

Contributor Level 8
  1. Do wills have to be adhered to?

    Answered almost 2 years ago.

    1. Kenneth Allen Parker
    2. Michael Raymond Daymude
    3. James P. Frederick
    3 lawyer answers

    You should contact an Estate Attorney immediately. Some States have provisions which state that certain Will provisions become void upon the re-marriage of the testator. (The person who made the will). You may also want to contact the administrator for the Pension. If your Ex made you a beneficiary under his pension, there may be a possibility that his pension may not fall under his Will and Estate and the named beneficiaries would take the pension outside if his Will.

    Selected as best answer

  2. Small Claims court -What would I need to show judge if I'm filing for bankruptcy and have plaintiff listed as a creditor? Thanks

    Answered about 2 years ago.

    1. Gregory Howard Wiley
    2. Kenneth Allen Parker
    3. Dorothy G Bunce
    4. Glen Edward Ashman
    5. Tim A Pribisco Jr.
    6. ···
    8 lawyer answers

    Once you file your Bankruptcy case, you will need to file a “Stay of Bankruptcy” in the court which the civil action has been filed. The Stay of Bankruptcy will reference the Civil action and the date your Bankruptcy case was filed and the Bankruptcy Case Number and that the creditor was listed on the petition. The Stay of Bankruptcy puts the Small Claims Court Judge on notice that you have filed a bankruptcy case and puts the civil action on hold pending the outcome of your bankruptcy case,...

    7 lawyers agreed with this answer

  3. I received a letter from Hanna & Associates asking me to sign Consent Judgement.

    Answered 12 months ago.

    1. Kenneth Allen Parker
    2. Glen Edward Ashman
    3. Scott Benjamin Riddle
    4. Michael David Barber Jr.
    5. Robert J Adams Jr.
    5 lawyer answers

    Once a lawsuit is filed and an answer is filed, the courts will set the matter down for a hearing. The consent judgment you received from Hanna & Associates is an attempt to get you to agree to a judgment in their favor without having the matter go to trial. If you sign the consent judgment, then Hanna & Associates will be able to start collection proceedings, such as garnishing your wages or putting liens against any property you own. If you do not sign the consent judgment, then the matter...

    Selected as best answer

  4. How can i stop them from taking money out of my paycheck?

    Answered over 2 years ago.

    1. Kenneth Allen Parker
    2. Dorothy G Bunce
    3. Alan D. Walton
    4. Kathryn Ursula Tokarska
    5. Glen Edward Ashman
    5 lawyer answers

    If you have an Employer Deduction Order (EDO), only a letter from the Court or Chapter 13 Trustee can stop the EDO. The courts require all disposable income to be paid into the Chapter 13 plan and disposable income usually includes tax refunds while the bankruptcy is pending. Get your tax returns to your attorney and then you can get a better idea of when the EDO can be stopped.

    Selected as best answer

  5. Condo surrendered in Chap 7 BK finally went to auction. What happens to post filing HOA dues that have accrued?

    Answered 12 months ago.

    1. Ashley Anne Digiulio
    2. Kenneth Allen Parker
    3. Shonterria Renek Martin
    4. Derek R. Caldwell
    4 lawyer answers

    The short answer is yes, the property can close depending on the agreement between the purchaser and the HOA. BUT the HOA can still collect any HOA dues that were accrued after your bankruptcy filing. HOA dues are assessed against the owner of the property and until the bank forecloses or the property sells, you are the owner of the property and the person who gets the bill. A Chapter 7 Bankruptcy filing covers the debts you owed up to the time you filed the Chapter 7 case but not debts...

    3 lawyers agreed with this answer

  6. Credit card judgment against me, how does this affect my wife? (Georgia)

    Answered almost 2 years ago.

    1. Robert M. Gardner Jr.
    2. Glen Edward Ashman
    3. Kenneth Allen Parker
    4. Rachel Lea Hunter
    5. Michael J Corbin
    6. ···
    6 lawyer answers

    Dealing with creditors is hardly ever easy, especially around the holidays. Georgia is not a community property state so the chances of your wife being affected by your debt are slim. However, whatever joint property you do have will be subject to levy if the creditor obtains a judgment against you. You may be able to file an individual Chapter 7 Bankruptcy and discharge your personal debts without effecting your wife but her income will help determine your eligibility to file a Chapter 7.

    2 lawyers agreed with this answer

  7. Im expecting money in the next 60 days my house in in foreclosure can i file chap 13 to save and once funds get here pay off

    Answered almost 2 years ago.

    1. Michael S. Marr
    2. Robert M. Gardner Jr.
    3. Ashley Anne Digiulio
    4. Glen Edward Ashman
    5. Kenneth Allen Parker
    6. ···
    6 lawyer answers

    A Chapter 13 Bankruptcy can be a useful tool in stopping a foreclosure. If the amount of money you will receive will be enough to cover the arrearage on the mortgage, you could file now and use the money to pay the arrearage. There are 2 main questions I think you need to ask yourself first: #1: Are you Upside down on the house payment? #2: IF you are able to catch up the arrearage payments, can you afford the regular mortgage payments? The answers to these questions will help determine your...

    2 lawyers agreed with this answer

  8. I am in chapter 13 my mortgage company (not included in the 13) refuses to send me statements , payoff info. etc. is this legal?

    Answered about 2 years ago.

    1. Ashley Anne Digiulio
    2. Glen Edward Ashman
    3. Dorothy G Bunce
    4. Kenneth Allen Parker
    4 lawyer answers

    Unfortunately the answer is yes. When you file for Bankruptcy, there is an Injunction that goes into effect called the Automatic Stay. The Automatic Stay prevents your creditors from trying to collect a Debt that was included in the Bankruptcy Case. Unfortunately, some lender stake the position that sending you monthly statements is an attempt to collect a debt and therefore a violation of the Automatic Stay. I actually put language into my Chapter 13 Plans that allows Mortgage Lenders to send...

    2 lawyers agreed with this answer

  9. Filed bankruptcy and added lawsuit to satement of affairs but do i need to add it on the the creditor list too?

    Answered over 1 year ago.

    1. Stuart Gregory Steingraber
    2. Brian Crozier Whitaker
    3. Michael Alan Contant
    4. Robert Parkinson Taylor
    5. Brad Francis Weil
    6. ···
    6 lawyer answers

    If you are the defendant on the law suit, you need to list the plaintiff and plaintiff's attorney on schedule D or F, depending on if the underlining debt is secured or unsecured. If you are the plaintiff, then you need to list the lawsuit on schedule B and exempt as much as possible depending on the type of case.

    3 lawyers agreed with this answer

  10. Is it too late to file for Bankruptcy once you have received a summons for a credit card non payment?

    Answered over 1 year ago.

    1. Stuart Gregory Steingraber
    2. Brett Francis Bodie
    3. Harris Justin Brumer
    4. Robert E. Vosburg
    5. Brad Francis Weil
    6. ···
    10 lawyer answers

    You can file a Bankruptcy case now. When you file, an Automatic stay goes into effect and the state court action is frozen while your bankruptcy case is pending. Contact a Bankruptcy attorney in your area to get more details.

    3 lawyers agreed with this answer