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Charles Ross Smith III

Charles Smith’s Answers

1,113 total


  • Can property owner evict my mortgaged mobile home off his rental lot while in bankruptcy?

    Filing bankruptcy, live in my mortgaged mobile home on rental lot. Can property owner evict me and force me to have mobile home moved while in bankruptcy? My adult son lives with me and is not on the lease from 15 yrs. ago, can they evict him as w...

    Charles’s Answer

    Attorney Dorothy Bunce has given you som valuable information. I would add that maybe now is the time to evaluate your cost of living there. You can walk away from your mortgage and let the bank have the mobile home, if you wish. Can you live elsewhere for less money? Check out your options and talk to your attorney about all of this. Good luck.

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  • Where can one find a list of available attorneys that deal with student loan issues within each state?

    Student loan disputes Settlement with lenders Missing loan documents

    Charles’s Answer

    Try searching right here on Avvo.com. And you should definitely look at NACBA.com. That's the National Association of Bankruptcy Attorneys. Good luck.

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  • How can I know if I qualify for bankruptcy?

    I owe about $70,000 in credit cards and 2 cars, and now I only make about $15,000 per year my monthly payments are more than my monthly income, I've been making minimum payments but I'm getting in more debt every month.

    Charles’s Answer

    You may qualify for a Chapter 7 Bankruptcy, but you will have to run that by an attorney first. Fortunately many excellent bankruptcy attorneys do not charge for the initial consultation. Go see one. Sooner is beeter than later. You will be pleasantly surprised. The attorney may even be able to tell you how to use the payments that you are prestly sending to your creditors to pay your attorney for a bankruptcy instead. Good luck.

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  • Is my husband liable for my student loans if I die? The student loan debt was contracted before I met my husband.

    We live in Minnesota. We are now in IBR, with low payments, however I will never be able to pay it all off (although possibly it could be forgiven in 25 years of payment according to IBR rules, I believe) My debt is over $200,000 and I am conce...

    Charles’s Answer

    Go see a Minnesota bankruptcy attorney. I know... student loans are not normally dischargeable in bankruptcy. But many bankruptcy attorneys don't charge for the first consultation. And a bankruptcy attorney is just the person to ask if Minnesota is one of those truly weird states that Dorothy was referring to. Good luck.

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  • Should I do bankruptcy

    I owe about 12,000 to BGE with a few other unsecured debts. I have no property or investments and only have a car I am currently paying on. Should I do chapter 7 or 13 as I must choose because I need to get BGE service quickly. Also since I have n...

    Charles’s Answer

    You will find that it is difficult and very dangerous to file a bankruptcy pro se. It may cost you a lot in more than one way. For instance, if you file and are summarily dismissed, you will lose your filing fee. If you are required to appear at extra hearings, you will lose time at work. The court is not trying to punish you, but it is trying to keep itself running efficiently.

    Go see an attorney. They can tell you what chapter to file. Many don't charge for the initial consultation. Good luck.

    PS. I recommend Williams' Handbook on Bankruptcy for those considering pro se filing. It will show you the difficulties involved.

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  • Can collectors intercept my retirement refund check for $8 000 at one of US bank that whereas I hold checking account? How to av

    I left US 3 years ago and I reside in other country since then. Before leaving I retained bankruptcy attorney to ease my consumer debts(chapter 7). He began the case and I left country before court hearing. He failed to locate me, and the case...

    Charles’s Answer

    • Selected as best answer

    Your question leaves out a lot of details. There is one thing you absolutely must not do... Never leave assets or debts off of your bankruptcy petition. You can go to jail for that. Worse, the Court can take your assets and refuse to discharge your debts. So make sure that your petition is absolutely square when you amend your old petition or file again.

    The retirement refund might be exempt, but you must ask your attorney and list it anyway. Good luck.

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  • I'm assigned for a Non-Oral Motion for Discover Card. I have a lawyer and have filed for bankruptcy on this card.

    Can this be taken care of by my lawyer without me going to court. Discover Card has been served notice of my plans to file bankruptcy.

    Charles’s Answer

    Ask your attorney. But yes, any court action will be "stayed" by your filing in bankruptcy, And yeah, you won't have to go to court for that. However, you do not sound like you have actually filed bankruptcy. If you filed, you would have a case number and a date for your "first meeting of creditors." Until you are filed the "stay" is not on. Check with your attorney. Good luck.

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  • Am I liable for medical bill if I was under 18 when they happened?

    Hello, my name is Trevor. I am a 21 year old self reliant individual. I have been trying to obtain a credit card for the last threes, but I have been unsuccessful every time. I went to my credit union to see what was going on, it all came down to ...

    Charles’s Answer

    Be sure to keep copies of all of your writings to each of the three credit reporting agencies. Don't waste time on the phone. That doesn't count. Keep in mind that the burden of proof is on the medical provider that is alleging this bill to show that you were 18 at the time the services were received. Good luck.

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  • Can I mail my bankruptcy petition in to the court in Indiana?

    I just don't want to have to take more time off work than I have to. I know that I will have to attend court, but I don't want to have to take off and drive almost 2 hours more than i have to.

    Charles’s Answer

    Perhaps now you can see the advantage that an attorney would give you. It may be within the rules to mail in your petition. It's just not a good idea. Please call the clerk and ask before you try it. That's what attorneys do when they have questions.

    The problem is that your petition is going to have problems. Discussing those problems in person with the clerk is the most useful free information you can get. You are going to need help. You do not want to pay your filing fee and then have your petition dismissed for some technical reason. Good luck.

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