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Paula Coleman Greenway

Paula Greenway’s Answers

31 total

  • Almost signed and filed Chapter 13 but decided it may not be best for us. Only issue - ignored summons from credit lawyer....

    Hired a BK (Chpt 13) lawyer, was ready to sign and file tonight when we realized this may not be best option (was told payments would be around $350 and then they said it would be $1200). Only problem is we ignored summons filed from credit lawyer...

    Paula’s Answer

    You can always get a second opinion from another attorney. There are many options available under the bankruptcy code. There are many different ways to structure a plan. A plan does not always have to pay creditors 100%. Some attorneys are not comfortable proposing plans that pay less than 100%. A chapter 7 may also be an option for you. Bankruptcy is a big step and you need to make sure that you are well informed of all the options available and that the attorney you choose is someone who practices regularly in this area. Bankruptcy is a specialized field and it is not something that you should just entrust just anyone to do. If you are not careful, you can jeopardize your assets. Bankruptcy filing are limited in time and cannot be done but every so often. If you mess up, it is something that you could have to live with for a good while.

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  • Bank won't honor bankruptcy, automatic stay

    My car was repossessed. I paid my attorney and filed a chapter 13. My lawyer said they have to release the car once the automatic stay is in effect. The bank got the letter this morning and contacted an attorney and told me that the automatic stay...

    Paula’s Answer

    If the car was repossessed after the case was filed, the bank has violated the automatic stay and is required to return the car, provided that the stay was in effect. If you had more than one case dismissed in the prior year there may be an issue with the stay. You need to consult with you attorney regarding the situation concerning you stay. If you did have a stay and your stay was violated, you may have an adversarial proceeding which needs to be filed against the creditor to get the vehicle back and to obtain a judgment for damages.

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  • If I file bankruptcy will it affect my husband getting permanent residence?

    My husband already has his status changed and we now have a 2 year wait to change to permanent . If I file bankruptcy will this keep him from getting permanent status?

    Paula’s Answer

    No, your bankruptcy filing has nothing to do with your husband's immigration status or his ability to obtain legal status. I would be happy to discuss your bankruptcy matter further with you should you have additional questions please call my office at 205-324-4000 and set up a free consultation.

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  • Missed my court day, stop garnishment, family member sick and hospitalized in another state and I had to be there, what do I do?

    tried to talk to someone at the court house but they said nothing can be done

    Paula’s Answer

    if you missed your court date in circuit or district court and a judgment was entered against you, you would need to see an attorney about having that judgment set aside. However, this could take some time for a hearing to be set and the matter to be heard and the garnishment to be set aside. A better option may be to immediately consult a bankruptcy attorney. Bankruptcy provides a stay against collection efforts (including garnishment) provided you have not had multiple bankruptcy filings in the past year. Bankruptcy can provide you immediate relief from this debt and enable you to obtain a fresh start. I will be more than happy to talk to you about your bankruptcy options as we handle cases in the Sylacauga area. Please feel free to contact my office at 205-324-4000 or email me at paula@greenwaylaw.com

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  • Can I keep my car after my chapter 13 was dismissed if I file chapter 7?

    I filed chapter 13 in 2012 and my car payment was reduced in the plan. I paid all my payments on time but my plan was dismissed in December 2013. I got a call from a collector who stated the car was up for repo. I asked if I could continue paying...

    Paula’s Answer

    You have absolutely no protection from creditor action outside of a chapter 7 or a chapter 13. My suggestion if you want to keep the car is to seek the counsel of a competent bankruptcy attorney in your jurisdiction and file either a chapter 13 case proposing to pay your unsecured creditors less than 100% or filing a chapter 7 with some sort of redemption or reaffirmation on the automobile. Depending on the value of the car and your other assets, your counsel will be able to advise you the best route to take.

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  • My lawyer who filed my chapter 13 will not help me anymore.

    my attorney filed my chapter 13 in 2/2014. my company has not started taking out my payments yet but will be next week. i had to approximate our food and medical costs and have found i underestimated our food costs quite a bit. i have two old 2...

    Paula’s Answer

    It is very important that your schedules accurately reflect your income and expenses as they are signed under penalty of perjury. If your attorney is not responding to your communications, you should request that he withdraw from your case and seek other representation. You can notify the court that you wish to have other representation also. A reputable attorney will not meet with you while you are still represented by an attorney and should require that you have terminated your relationship with your prior attorney in writing before meeting with you. After this is done, he or she can meet with you and familiarize him or herself with your case and after entering an appearance in your case, properly amend your schedules and plan to reflect your current income and expenses and set a new payment amount.

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  • What type attorney and case? I need advice as soon as possible. Getting collection letters from medical providers.

    RN, started new job in another state. 3 days into orientation, developed left arm pain that increased in severity, septic shoulder, surgery, extended hosp stay, home health for 1 month, and currently receiving PT under care of MD. 2 days prior t...

    Paula’s Answer

    I would advise seeking the services of a personal injury attorney as soon as possible. Whether this is a worker's compensation claim, a products liability claim, a medical malpractice claim or even if you have a claim will depend upon the facts of the case and the cause of your injuries but it is in your best interest to seek legal counsel early to protect your legal rights.

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  • What is a disposition docket and what does disposed of by the court, ex mero motu in the event no affirmative action has been

    my ex owes over 80,000 been to court 7 times nothing being done yet!

    Paula’s Answer

    Ex mero motu is a Latin term meaning "of his own motion". A dispotion docket is a docket set forth to seek resolution of cases. Disposed of by the court "ex metro motu" in the event no affirmative action is taken would mean the court would dismiss the case on its own motion should neither side file a pleading setting forth a reason why the case should not be dismissed. This would be a docket that the court would set to clear off matters that had been sitting stagnant and needed to either dismiss or move forward to final resolution.

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  • If you are just receiving social security and ssi can a creditor garnish those wages in small claim court

    A judge ruled against me in small claims court against a finance company for 640 dollars

    Paula’s Answer

    I too agree that these wages are exempt from garnishment. However if these funds are in a bank account, a creditor can issue a garnishment to that bank and it becomes your burden to prove that those funds were social security and ssi funds. Also, if those funds are co-mingled with another persons funds in a joint account, then all funds become subject to the garnishment order.

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  • I have a pension loan and I am thinking of filing chapter 7. Do I have to list my pension loan when filing.

    I work for a government entity and may want to refinance my pension loan if an emergency takes place.

    Paula’s Answer

    Yes, you have to list all of your debts. When you file your bankruptcy schedules, you sign them under penalty of perjury. Therefore, you want to be certain that you are signing them honestly and completely to the best of your ability. Your pension loan is a loan that is secured by your pension. In 2005, Congress made clear in the bankruptcy code in section 523(a)(18) that pension loans are non-dischargable. Therefore, this loan will survive discharge. So, to answer your question, yes you do have to list the loan but you will still owe the debt after your discharge.

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