Ronald C. Sykstus’s Answers

Please get with your bankruptcy attorney to review the means test. You should know at the time of filing whether you qualified for a chapter 7 bankruptcy or not. It seems strange to me that an error would have been discovered later. The means test, as you probably know, is convoluted and complicated. You always have a right to convert your case to a chapter 13. Before you do that, however, set up an appointment to review your case with your attorney. Best wishes.

It is very important that you get a lawyer to help you with this matter. You have a very short period of time in which to timely file an answer to the lawsuit denying that you owe the debt and requesting a trial. If this collection agency wins the lawsuit, they can, and most likely will, put a judgment lien on the home you own with your siblings. A judgment lien in Alabama is good for 10 years, can be renewed for an additional 10 years, and accrues interest at 12% per year. Aside from...

I am sorry for your loss. You are not responsible for the credit card debt if you did not sign the underlying contract. Assuming you did not, everytime you get a billing statement, just attach a copy of the death certificate to the billing statement and mail it back to them. If you do that 2 - 3 times, they will probably stop billing you. If they transfer the debt to your name on the billing statement, write a letter to them that says this: "I dispute this debt. I do not owe this debt, I...

In all likelihood, if you bought the furniture on-site and financed it on-site upon purchase, then this company retains what is called a purchase-money security interest. Assuming so, they can get at your furniture. They are not allowed, however, to simply enter your house. They must file a lawsuit/replevin action in state court to get a court order if they want it back and you don't voluntarily give it back to them. You may want to discuss your situation with a bankruptcy lawyer (www.nacba....

You need to defend against this debt. Midland is a debt buyer which is owned by Encore Receivables. It buys or acquires old debt and then tries to collect on it. In all likelihood, you have defenses to this alleged debt which you must assert by timely answering the complaint and requesting a trial. You have rights under the Fair Debt Collection Practices Act (FDCPA). Also, please get your credit reports to see what else is out there against you. If you go to my Avvo profile, you can link...

Please be careful here. You really should talk to a bankruptcy lawyer (www.nacba.org) or a consumer lawyer (www.naca.net). If you are completely current on this credit card and all of your debts, a settlement will hurt your credit. Additonally, you will be issued a 1099 and be taxed on the amount you "saved" under the settlement. Finally, that "savings" will probably be sold to a debt buyer who will then try all manner of tactics to collect it. Anytime you are dealing with debt and...

In Alabama, if a judgment is entered against you, the creditor who got the judgment can do several things as far a trying to collect on the judgment. It can garnish wages and bank accounts, it can force the sheriff to seize your home, real estate, and personal property. It can place a judgment lien on your home and real estate through the probate office. These judgment liens grow at a rate of 12% per year and can encumber your home and real estate for up to 10 years and can be renewed for...

This is a question that you definitely should discuss with your bankruptcy lawyer. I see no benefit and only potentially great harm if property is voluntarily deeded over to you or put in your name while any type of bankrupcty is pending. Again, discuss this in detail with your bankruptcy lawyer. Best wishes.

As a general rule, qualified retirement assets such as IRAs and 401ks are exempt from creditors in the state of Alabama. If a mortgage company forecloses on real property and the foreclosure sale brings less than what is owed, it may pursue the deficiency balance. That is where you are right to be concerned. Before you allow the property to be foreclosed, have you talked with a real estate agent to see if your mom could sell the property for at least what is owed to avoid this situation?...

You should discuss your situation with a bankruptcy attorney to determine if bankruptcy is a proper course for you. Most lawyers in this area offer a free consultation. You can find one at www.nacba.org Anytime you are dealing with debt and collection issues, you should obtain all 3 of your credit reports from the main credit reporting agencies, Equifax, Experian and TranUnion. The only and best way to get your 3 true, free credit reports as allowed by law once per year is from www....