Thomas J Herbert's Answers

Bankruptcy-cosigner on car loan

Hello, thank you for the question. I am an attorney practicing in Brevard County, Florida (in the "Middle District"). The initial question I have for you is 'who is on the title to the vehicle?' It doesn't always follow that the loan and the title share identical names, but you should verify this to avoid putting the vehicle at risk in your bankruptcy proceeding. But don't worry, because the only way the vehicle would be in any real danger is if YOU share ownership in it, AND the equity...

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I'm behind on condo fees about 2yrs and foreclosure proceedings began, my bank account has been garnished, can I still get help?

You may certainly negotiate with the judgment creditor's attorney to see if a reduced payoff is possible, but since they already have a judgment and a writ of garnishment, the odds are somewhat lower they will agree to a substantial discount. Aside from settlement prospects, you really should talk to a bankruptcy attorney to discuss your options for both staying in the condo and surrendering same. The condo fees may not be entirely dischargeable since you continue to have a possessory...

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I sgnd a yr lse in jan. my job is cutting hrs i aint been able to find nothing else im not going to be able to manage it sugg?

The first thing I would encourage you to do is consider how reasonable your landlord is. Unless you are looking to buy real estate, when you move you are going to be entering into a new lease and you don't want an eviction or bad reference to the extent you can help it. Maybe your landlord would accept reduced rent in exchange for your co-operation in advertising or otherwise making the property available for walk-throughs. If so, an addendum to your current lease should be signed by...

Oregon is trying to collect unemployment funds from me but I am filing bankruptcy.

You are actually required to list all of your debts on the bankruptcy petition (disputed or not), as well as court, administrative or other proceedings to which you were a party and all property that was garnished in the last year (relative to your filing date). The reason why Oregon is garnishing you is also relevant. If the state is attempting to collect child support, bankruptcy may not offer much help or only temporary help. If that garnishment is your biggest concern, I would...

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If a business files bankruptcy, then purchases items and does not pay, how can we collect?

If you are certain the debt is the result of orders made by the business AFTER their petition is filed, you should be able to continue collecting despite the debtor's protest. However, it seems a little unusual that a business would continue to operate much after filing a Chapter 7 petition. Is the business in Chapter 11? If so, your collection activities may be proper, but likely not in the way your collection demand letter describes. You indicated you did not receive notice of their...