Andrea Gabriela Dwyer’s Answers

Andrea Gabriela Dwyer

Bankruptcy Attorney.

Contributor Level 6
  1. Had judgement entered against me in 2010 for a car repo. Now there is "MOTION FOR CONTINUING WRIT OF GARNISHMENT"

    Answered over 1 year ago.

    1. Andrea Gabriela Dwyer
    2. Jeffrey B. Lampert
    2 lawyer answers

    It appears that they are attempting to garnish your wages. In FL, you can claim a head of household exemption and request a hearing. If you do that, then the Judge will decide whether to allow the garnishment to proceed. You must claim your exemption and request for hearing, if you do not, then they will most likely proceed with the garnishment. They can garnish up to 25% of your wages so please consult an Attorney for advice.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. When filing bankruptcy, can American Express be listed as one of the creditors to file on?

    Answered over 1 year ago.

    1. Jonathan David Leventhal
    2. Andrea Gabriela Dwyer
    3. Walter C Oney Jr
    4. Robert Edward Tardif Jr.
    5. Javed Inam Ellahie
    5 lawyer answers

    As a general rule, you must list every creditor that you owe money to and you must list everything that you own on your bankruptcy petition. There are some creditors that may not be dischargeable such as student loans, some tax debts, and child support or alimony obligations. Also, debts incurred within 90 days of filing may not be dischargeable. It is always best to consult with a bankruptcy attorney to ensure that the petition is prepared accurately and to anticipate any possible issues...

    6 lawyers agreed with this answer

  3. If I file Chapter 7 bankruptcy, will my 401K and checking account be untouched?This very small amt is all I have to my name.

    Answered almost 2 years ago.

    1. Andrea Gabriela Dwyer
    2. Dorothy G Bunce
    3. Joseph Ryan
    4. Robert Edward Tardif Jr.
    5. Aaron Thomas Kimbrell
    5 lawyer answers

    401k and other retirement accounts are generally exempt in Chapter 7. The bank account will have to be protected by whichever State's exemption you are using, if an exemption is available. It is always best to have an attorney review your particular case and apply the correct exemptions to protect your assets.

    6 lawyers agreed with this answer

  4. I fell in my neighborhood and broke my ankle due to broken/uneven pavements that were recently made. Do I have a case?

    Answered about 2 years ago.

    1. Matthew Christian Barber
    2. Jason Scott Lomax
    3. Lars A. Lundeen
    4. Francisco Javier Gonzalez
    5. Andrea Gabriela Dwyer
    5 lawyer answers

    In my opinion, there is a potential case. You should get photos of the area and the injury and get treatment. As with any trip and fall, factors such as lighting conditions, open and obvious, and how uneven the pavement is will come into play.

  5. How long after wining a lawsuit can i file for bankrupty without giving up any of my money

    Answered almost 3 years ago.

    1. James Lyle Dye Jr.
    2. Erin Roberta Kick
    3. Andrea Gabriela Dwyer
    4. Dorothy G Bunce
    4 lawyer answers

    It depends on how much you received and how much of that amount you are able to claim as "exempt" in the bankruptcy. Each state has different exemptions. It also depends on what Chapter of bankruptcy you file, Chapter 7 vs Chapter 13. The best thing to do in this case is contact a qualified bankruptcy attorney in your State.

  6. Being sued by a credit card - i dont understand the paperwork.

    Answered almost 3 years ago.

    1. Sean Patrick Mays
    2. Frederick L. Henderson Jr.
    3. Andrea Gabriela Dwyer
    3 lawyer answers

    The best thing you can do for now is file an answer with the Clerk of the Court and send a copy of your answer to the creditor that filed the lawsuit against you. Filing an answer within the 20 days will prevent the creditor from obtaining a default judgment against you. Your answer does not have to be very detailed or complex. It can be as simple as saying that you received the complaint and would like an opportunity to be heard or mediate the issue. Doing this will also buy you some...