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Juan Antonio Perez Jr.

Juan Perez’s Answers

188 total

  • Can I sue for harassment and stress that I have to deal with trying to right there wrong

    I make payments to Naviant on 2 student loans I'm cosingned on and one that I'm obligated to pay threw a divorce decree. I make the payments on time most months but never more than a few days late. The problem is that after making the payments the...

    Juan’s Answer

    Have you considered paying by check by mail? You can then list the appropriate account number in an enclosed more with each payment.

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  • Should I file bankruptcy?

    I am considering filing for bankruptcy, I need advice on whether I should, or shouldn't. Basically, my check has just recently been garnished for about $760 for a medical debt that my wife did not pay for 2 years ago. The total debt is $5000. On t...

    Juan’s Answer

    The decision of whether you should or should not file is one you can only make once you have all the information. There are way too many variables to cover in a forum like this, so the best way to determine if you should file is to meet with a bankruptcy attorney to discuss how bankruptcy would work in your situation.

    Don't worry too much about your credit score. It is just your "ability to get into debt score" and is more about how much money you make for the banks than how responsible you are with debt. Nonetheless, sometimes eliminating debt can go a long way toward improving your score.

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  • What options do I have?

    About 2 years ago, I filed a bankruptcy petition. I have a house with a mortgage attached to it. When the bankruptcy petition was filed, the court was notified of my intention to reaffirm the debt on the house. I received a discharge order so I th...

    Juan’s Answer

    Be happy!

    Not having reaffirmed is the best possible scenario. Many mortgage lenders no longer even bother with reaffirmation agreements because few debtors bother to sign them. Few sign them because most bankruptcy attorneys strongly advise against signing.

    Reaffirming puts you on the hook personally for the entire debt owed on the loan. Instead, by just paying without a reaffirmation agreement, you enjoy most of the benefits of reaffirming (keeping the house, keeping the same loan terms) without the risk of being personally liable on the debt.

    If something ever goes wrong with the home (it is damaged in a way insurance won't cover, depreciates too much, you can't afford to pay for it anymore, you want to move away), anything like that, you can simply surrender it to the bank and owe nothing. Or you can keep paying, and nothing will change.

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  • If I want to switch from a Chapter 13 to a Chapter 7 bankruptcy with a different attorney what are my options?

    I have been in a Chapter 13 bankruptcy since 2012 with one attorney, I found out I can do a simple Chapter 7 for about $700.00 and I am afraid I will be charged about $1400.00 through my current attorney. I am in need to some help to figure out m...

    Juan’s Answer

    If you've found someone to handle the filing of a new Chapter 7 case for $700 total costs, I would be very wary of that. The court filing fee alone for filing a Chapter 7 is $335. You would also need to take a credit counseling course and gather other documents for the filing of a new case. This means the person is willing to handle the entire legal representation in a chapter 7 for about $300. That is the cost of about one hour of billable time for a competent experienced bankruptcy attorney, but even the "simplest" of Chapter 7 cases would need at least 3 hours of attorney time. I would be very cautious of anyone offering to file a Chapter 7 for $700.

    Furthermore, you should look at the implications of converting vs. filing a new case. A conversion allows you to use the 2012 filing date as the basis when looking at any future bankruptcy options. It limits the available assets in the case to those that you had back in 2012, not those you may have now (such as tax refunds owed to you, new PI claims, etc.). If there has been a Stay Relief motion, you may have limited refiling options if you voluntarily dismiss. There are lots of benefits to conversion that may not be available with a dismissal followed by re-file. Only an attorney that is familiar with the specifics of your case can give you that proper advice for your situation.

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  • Can the Trustee take our primary home if it is abandoned by the lender? Is this very serious that we should get a new attorney?

    We collect social security as main income. In chapter 7 bankruptcy since 9/2011 due to our businesses closing and no employment. We got a discharge in 2/2012 but Trustee delayed it due to a rental property taken in bankruptcy that hasn't sold. T...

    Juan’s Answer

    • Selected as best answer

    If you received a Motion to Abandon, that does not mean that the lender is abandoning the property. It is a term of art meaning that the lender is asking that the trustee abandon the property from your estate. This gives them permission to initiate foreclosure. It is a common step when you are behind on payments.

    You should definitely contact the attorney representing you. If the law firm that went out of business you are referring to was Macey Bankruptcy Law, then I would be the attorney that took over your file. I have not heard from any one of my clients with these circumstances recently that I recall, so perhaps it is not mine. But contact your attorney either way. The only way to answer your questions accurately would be to review the docket or discuss with the trustee.

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  • What law are the creditors in violation of? And, should I submit a letter requesting the return of wages?

    I recently had a bankruptcy discharged. Afterwards, my employment checks were being garnished once working OT during the holidays. I was under the assumption that the court would issue NOTICE TO DISCONTINUE; Garnishment Order. I took it upon mysel...

    Juan’s Answer

    Assuming the creditor was properly notified of the bankruptcy filing and still failed to proceed to terminate the wage garnishment, the creditor may be violating the automatic stay and/or the discharge injunction.

    Local rule in the Southern District of Indiana also requires that the debtor notify the court in the state court lawsuit of the bankruptcy filing. Many debtor's attorneys also notify your employer as a courtesy to help get garnishments stopped sooner. But if the garnishment did not start until after the bankruptcy was filed, ultimately the responsibility to avoid that falls on the attorney representing the creditor.

    You should check with the attorney that represented you in the bankruptcy to determine if you have a claim against the creditor for willful violation of the bankruptcy stay or discharge.

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  • How do I resolve this

    I filed bankruptcy in 2010 and signed a reaffirmation for the car I had at the time. An old car loan company that I filed under my bankruptcy contacted me in June of 2015 saying they got my bankruptcy paper work but a couple months later got a rea...

    Juan’s Answer

    You would need to check the docket on PACER to see what debts you reaffirmed. When you sign a reaffirmation agreement, it has all the details of the loan in the agreement (creditor, collateral, terms, payment amount, etc) so it is unlikely that you would have signed the wrong reaffirmation, when all the details would have been right in front of you.

    There's really no way I can think of that your attorney could have messed this up. They simply pass along the reaffirmation offers they receive. If you sign and return, you bind yourself to pay that debt. If you don't sign the agreement, there's no way for the attorney to do it for you.

    Contact your attorney or another local attorney to check the PACER docket for you, or access it yourself via the Northern District of Indiana Bankruptcy Court in South Bend.

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  • So my question is, if I had to go bankrupt/foreclose on my home, will she also have to go bankrupt and ruin her own credit?

    Im curious, my ex wife is taking me to court over contempt of court for not refinancing my home and getting her name off of the mortgage. In the divorce papers it states that she awarded me the house and is not responsible for anything to do with...

    Juan’s Answer

    If you are both on the loan, you are both jointly and severally liable to the lender. That means if one of you doesn't pay, they will collect from the other. The bank doesn't care what your divorce decree says about who is responsible, as the bank was not a party to that agreement.

    If you file bankruptcy and surrender the home, your personal liability to pay the lender would be eliminated, but your ex wife's would not. The bank would likely try to collect from her.

    I have no answers for you as to whether you will prevail in the contempt action. Your family law lawyer would know if "trying to refinance" is going to satisfy the judge that you did your part.

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  • I filed chapter 13 and after I pay all my bills for the month I have exactly $40 to call a savings, is this how it wotk for 5yrs

    How are you supposed to regroup and get back on track when you can't even afford to pay for a new tire if it blows. Take money from a bill that's due to replace it. FRUSTRAITED!!

    Juan’s Answer

    There's a number of possibilities about what could be going on here:

    1) Your chapter 13 plan is paying for a house or car that you can't actually afford. You could consider surrendering something to reduce payments.

    2) You have excessive tax debts or child support arrears that your chapter 13 is trying to pay. These have to be paid during the plan life, so if you are already at the maximum 60 months and still can't afford the payments, then you either need more income, or you won't be able to get chapter 13 relief.

    3) If you are paying your unsecured creditors in order to protect assets with equity, you again may need more income, or to reevaluate whether you can afford to keep the valuable assets. You may be able to modify the plan to call for you to sell something and turn over proceeds, instead of paying out of your income to protect it.

    4) If you are just paying unsecured creditors because your income at filing said you could afford to, then you need to sit down with your attorney to review any changes to your income since filing. With proper budgeting, you should be able to afford your necessities without suffering.

    5) If none of the above apply, you may simply be overspending in certain categories and may need to learn to live within your means.

    Without further information about your case, it is difficult to know which of the above may apply. You really need to sit down with your attorney to review the specifics of your case. Every Chapter 13 is set up differently and the payment is driven by too many factors to evaluate on Avvo. If you don't have an attorney representing you, that may be part of the problem. Get one ASAP.

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  • Can I be rejected as patient because I am not paying my doctor bill fast enough?

    I am making payments on my bill and have increased the payment amount as other dependents bills have been paid off. I owe $2900 and if I don't pay it upfront now the doctor is saying I will be terminated from the practice and the bill will be sen...

    Juan’s Answer

    Yes. A doctor in private practice can refuse to see you for any reason really. Even just because he or she does not like you. Not paying the bill to them is a pretty valid reason not to see you.

    Unless you have some sort of emergency situation where you are at risk of immediate death without emergency attention, no doctor is required to take you as a patient. I would recommend seeking a new doctor.

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