Steven Scott Davis’s Answers

Steven Scott Davis

Cleveland Bankruptcy Attorney.

Contributor Level 9
  1. In a chapter 7 bankruptcy can a creditor still hold a lien if the bankruptcy has already been discharged?

    Answered over 2 years ago.

    1. Dorothy G Bunce
    2. Steven Scott Davis
    3. Ashley Anne Digiulio
    4. David Hadley Fuller
    5. Evan A Nielsen
    6. ···
    6 lawyer answers

    The discharge eliminates the personal liability for the debts, but it does not eliminate liens. If a creditor has a lien, either consensual or involuntary, the lien remains. There are some means of eliminating some kinds liens. but they have to be undertaken during the bankruptcy case itself.

    4 lawyers agreed with this answer

  2. I have a judgment against me for a debt I believe I already paid. Can I fight this? Or is a judgment final?

    Answered 3 months ago.

    1. Scott Russell Needleman
    2. John Xavier Perez
    3. Steven Scott Davis
    3 lawyer answers

    If the creditor already has a judgment, it can be disputed if it was paid, but it is much harder. You should speak to an attorney as soon as possible to discuss your options.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Question of Discharged of Debt . Question of abilities of Out of State Creditor's Attorney's Rights

    Answered about 2 years ago.

    1. Richard Edmund Hawkins
    2. Charles Ross Smith III
    3. Steven Scott Davis
    4. Frank John Kokoszka
    4 lawyer answers

    I agree with the others responding, you should get an attorney. The company, which I presume is your business and was where the debts to Massachusetts arose, will not get a discharge. Whether your responsibility for the debts is dischargeable will depend on the findings made and the basis for these claims. Whether time will be a factor in the ability to discharge these claims will depend on the nature of the claim, as well.

    5 lawyers agreed with this answer

  4. How can I get money that is owed to me?

    Answered about 2 years ago.

    1. Matthew Scott Berkus
    2. Steven Scott Davis
    3. Stephen Clark Harkess
    4. Diane L Gruber
    4 lawyer answers

    Based on what you have written, it appears that your only recourse is to file suit against your friend. Presuming that you get a judgment for the balance due, there is still the matter of getting money for the judgment which can be as hard or harder than getting the judgment. You should probably speak with a collection attorney about this as it may be the best way to recover money you are owed.

    4 lawyers agreed with this answer

  5. My Chapter 7 BR was discharged in Feb 12. My mtg & HELOC was included in the BR. Paymts are current. What are the bank options

    Answered over 2 years ago.

    1. Joshua Jonathan Tejes
    2. Margery Ellen Golant
    3. Dorothy G Bunce
    4. James Wade Schwitalla
    5. Steven Scott Davis
    5 lawyer answers

    Your discharge wiped out your personal liability for the debts, even though they are secured to your real estate, as long as you did not enter into a reaffirmation of these debts. If you did not, the banks' only avenue to collect is to file a foreclosure. They will get the sale proceeds from the foreclosure, but they would not have an basis to attempt to collect any additional funds from you. Depending on the process in Florida (how foreclosures proceed vary from state to state) would...

    4 lawyers agreed with this answer

  6. CAN I INCLUDE A CREDITOR ON A BANKRUPTCY FOR A TITLE LOAN AND RETAIN THE VEHICLE

    Answered about 2 years ago.

    1. Dorothy G Bunce
    2. Steven Scott Davis
    3. Diane L Gruber
    3 lawyer answers

    Your question says that you already filed your case. Do you have an attorney? If so, your question should be addressed to him. If not, you should look at your filing and make certain that the lender was included. When you file, you are asserting that you have listed everything you own and everyone to whom you owe money. You also have to determine if the lender properly perfected its lien on your car. If so, they have rights in the car. If you do not have an attorney, you should probably...

    2 lawyers agreed with this answer

  7. I owe $65 K in Defficiency balance from the short sell can I qualify for Chater 7? I make 90K

    Answered over 2 years ago.

    1. Gregory Howard Wiley
    2. Steven Scott Davis
    3. Joseph Wrobel
    4. Deborah F Bowinski
    5. Evan A Nielsen
    5 lawyer answers

    In order to determine whether you qualify for filing under Chapter 7 needs more information than that which you have provided, and more than could be listed here. It takes a thorough examination of of your income, expenses and family size, as well as other information required by the bankruptcy code's "means test". The fact that the deficiency balance is the only debt does not factor in the analysis of your qualification to file. In addition, there may be many other factors that may go into...

    2 lawyers agreed with this answer

  8. My sister is in a nursing home and she has a $2,500.00 bill which she cannot pay. Can she have a pauper's affidavit drawn up?

    Answered 10 months ago.

    1. Elisse Vickers Woelfel
    2. Orsen E. Paxton III
    3. Pamela L. Stewart
    4. Steven Scott Davis
    4 lawyer answers

    Based on the information you have provided, it appears that your sister is :judgment proof", that is she has no assets that creditors can collect. While they may pursue judgment and the like, they will not be able to get anything of hers. It may that there is nothing she need do.

    3 lawyers agreed with this answer

  9. Can a debt collector, legally, collect on a health care debt, that was sent to the wrong address by the original MEDprovider?

    Answered about 2 years ago.

    1. Richard Scott Lysle
    2. Steven Scott Davis
    2 lawyer answers

    The fact that the bill was originally sent to the wrong address does not mean that the debt is not owed. If you received the services for which the billing was sent, you are liable for the reasonable value of the services. There may, of course, be other reasons why the debt may not be owed, but the wrong address, now that they are corresponding with you, isn't one of them.

    3 lawyers agreed with this answer

  10. I was handed us summons for my husband .for a medical bill what do I do

    Answered over 2 years ago.

    1. Joel B. Sklar
    2. Daniel Dwight Bowen
    3. Steven Scott Davis
    3 lawyer answers

    If your husband resides with you, then delivering the summons to you, at that address is proper service. You should give the summons to your husband so that he can defend the action. If you were also named in the suit, you should seek legal advise as to your options.

    3 lawyers agreed with this answer