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James C. Warr

James Warr’s Answers

8 total

  • Bankruptcy Chapter 7 Returned mail

    I filed my bankruptcy and it is going great. Two creditors letters from the court have been returned to me as wrong address. I have re-sent it twice to two different address I had. They are still being returned. What should I do? This is th...

    James’s Answer

    You indicate that you are using the address provided by these creditors for bankruptcy notices. If that is so, you are fine.

    Michigan is in the 6th Circuit. In the 6th Circuit, you will still get a discharge on any creditors who did not receive notice, unless you have an "asset case." An asset case is one in which the Chapter 7 Trustee has seized assets from you to distribute to your creditors. Assuming you don't have an asset case, you should be fine.

    If these creditors contend that your debt to them is somehow nondischargeable, you still win because you sent notice to the addresses they gave you for bankruptcies.

    I wouldn't sweat it!

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  • How can I prove undue influence by my aunt on a will left by my grandfather?

    My grandfather had a will created 30 days before he died. He live with my aunts son and has taken care of him since the transition of moving him from his deteriorating home to her sons home. My father had predeceased my grandfather, so my sister...

    James’s Answer

    To contest the will here in Michigan you must prove either undue influence, a lack of testamentary intent or capacity, fraud, duress, mistake or revocation. There are many ways to prove this: testimony of relatives, friends, doctors; notes kept by your grandfather, etc..

    Last year my office settled a similar claim. They are difficult, but not impossible.

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  • I have received several reply's but they can't help\

    I contacted 722 redemption and they don't help with vehicles that are over 7 years old. I don't understand why I keep getting the tip that maybe we should consider getting a different truck...if I could afford one, I wouldn't be in bankruptcy. N...

    James’s Answer

    Assuming the truck is still good for at least another 3 years, a Chapter 13 Bankruptcy will allow you to restructure the current debt. Contact my office if you have any questions.

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  • I filed Chapter 7 bankruptcy and we have a truck my husband uses for hauling RV's.

    We have a truck that we owe 9420.00 on. Its value is only 5000.00. I called 722redemtion and they don't help if the truck is over 7 years old. In the bankruptcy, I put that we would Reaffirm the debt because we have no income if we don't have ...

    James’s Answer

    If feasible, you could look into restructuring the truck in a Chapter 13 bankruptcy. Because the truck is used for business purposes, as opposed to personal use, you could arrange to pay the value over the course of 3-5 years. Feel free to contact my office if you have any questions about this.

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  • Can I go after an FDCPA violation if I wa sued for a debt over 6 years old and outside of the SOL?

    I bought a computer in Dec of '06 when I was in the military. I got medically discharged in March of '07 and as such could not continue payments after July of '07. It was charged off in Jan of '08 and they just sued me as of December 12th, 2014. S...

    James’s Answer

    It is indeed a violation of the FDCPA for a collection agency to enforce a claim that is no longer enforceable (due to the statute of limitations). The FDCPA is a strict liability statute, therefore, ignorance on the part of the creditor is no excuse. You didn't mention if your being sued by the creditor or a collection agency. In order to have an FDCPA claim, the offender must be a collection agency of some sort. Feel free to contact my office for any additional questions.

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  • Chapter 13 Post Petition debt

    I have accumulated some medical bills since I have been in my Chapter 13 Bankruptcy due to my insurance not covering them and I also have a debt that was not included. I only have 2 months left in my plan and am wondering whether these can be inc...

    James’s Answer

    Debts incurred after you file Chapter 13 will not be discharged. If, however, you convert to Chapter 7, any debts incurred between the filing of the Chapter 13 and the conversion will be discharged. (This, of course, assumes the debts aren't those that are nondischargeable such as taxes, student loans.)

    Sections 1305 and 1328(d) do allow for the discharge of postpetition debts in a Chapter 13 but only in limted circumstances.

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  • Can payday lenders call your work once you file bankruptcy on them?

    I filed bankruptcy and my lawyer is including my payday loans. I am afraid they will call my work and disclose information to people there.

    James’s Answer

    Creditors (including payday lenders) are prohibited from contacting you after you file bankruptcy.

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  • Should I continue to pay consent judgement if I'm filing bancruptcy?

    i had a card from Amazon that charged off and was bought by midland funding. Weltman Weinberg and Reece is suing me for 939.00 and I received a summons to court two weeks ago. I called and set up an arrangement of 50$ each month until 1/2015 for p...

    James’s Answer

    If you are going to file Bankruptcy soon, there is no need to pay the debt. Bankruptcy discharges judgments (unless the underlying debt is considered nondischargeable due to fraud, etc.). This is true even if it is a consent judgment.

    James C. Warr, Esq.

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