Ian Richard Leavengood's Answers

Chapter 7

I believe the consumer expounded upon this question in another question on Avvo. My answer is more specifically provided in other question. www.FloridaBKLawyer.com

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I have filed for chapter 13 bankruptcy and am trying to modify my plan; how do commissions work when they are not guaranteed?

Your Trustee is likley going to require that you provide not only proof of income (i.e. paystubs) for the six-months that pre-date the filing of your petition but will also likely request paystubs for a few pay periods after your petition has been filed. For Debtors that have jobs with fluctuating income (i.e., commissions, performance-based bonuses, etc.) this is pretty much standard practice. The Trustee's office will use this information, your testimony at your 341 Meeting of Creditors...

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Mortgage still off credit report? Short sale vs foreclosure?

I agree with the previous answer. To be clear this is very important. You need to determine if you did in fact re-affirm the mortgage. If so (regardless of whether it is being reported) you need to try and mitigate loss (ie, short sale). Even if you did not re-affirm, avoiding a judgment of foreclosure on you record coud help. Try to get the property listed and find a short sale buyer.

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By surrendering the property(Florida) in a Chapter 13 will it take my name of the home loan or the deed?

Even though your ex is living in the home and paying the mortgage, your filing of the BK (assuming you were on the note) is likely a default event. The bank will in all likelihood move forward with foreclosure unless your ex is also on the note and continues to make payments. If you want your name off the title, chapter 13 will not accomplish that task. You will either need to quit claim the interest, lose it in foreclosure or consensually sell it (short if there is no equity). Good luck.

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A friend died recently without a will. He had unsecured debt. Can the cc companies collect by forcing sale of assets?

The probate process will be covered by Texas law, but generally speaking, the unsecured creditors would not force the sale of any particular asset. Instead, the personal representative or executor of the estate would marshall the assets, notify creditors, take and satisfy claims before distributing net assets to beneficiaries of the estate.

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How can I fight this medical overcharge bill?

If the debt has been turned over to a third party debt collection, you can dispute the validity of the debt under the FDCPA (1692g). Do this in writing. Advise you dispute the debt and ask for verification. Send the letter certified to prove it was received. Many times, the debt collector will continue to collect prior to proper validation. If they do this, you have a cause of action against them and could use that as leverage to settle the dispute and move on with your life. If this...

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Can my wages be garnished if I make over 500 a week

Whether you are head of household (i.e., provide support for legal dependent and make the most money of the household) will be relevant in this analysis.

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Better to pay medical bill in full to collection agency or doctor's office and have removed from credit report?

I agree with points made in the above answer. Further to those points, you should focus on the big picture. Settling a few debts now - even if at a discount - likely will not have a positive macro affect on your situation. If you have other large bills and no realistic chance of fighting your way out, use your resources in a more impactful manner. Go consult with a BK lawyer. My only other watch out on the timing of the BK filing - if you are not out of the medical woods just yet, you...

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Vendor threatens Collection Agency and possible attorney fees from disputed invoice? What are my rights?

Couple problems with an answer provided. First, it seems like this is a first party dispute (I.e., the underlying creditor). In such case the FDCPA will not apply; it only applies to third party debt collectors and you are not yet to that stage. Second, this debt does not sound like a consumer debt (I.e., it was not used for personal, household or family use). If this is the case, neither the FDCPA ofr the FCCPA (Florida Consumer Collection Practices Act, which DOES apply to first party...

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Can Bank pursue deficiency even after reporting LEGALLY PAID IN FULL for less than full balance to all 3 credit agencies?

The above general advise is all good to consider and contemplate. If you did sign that this was an accord and satisfaction, put the bank on notice, and relied on their representation to close the home, you have an argument (or at the least an affiramtive defense) to any subsequent collection. You also could have the basis for an unlawful debt collection lawsuit against the mortgage company, provided the debt was originally a consumer debt. Florida State 559.72 (9) prohibits the assertion of...

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