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Alan D. Walton
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Alan Walton’s Answers

3,942 total


  • Can my daughter in law throw me out of the house?

    I relocated to va in January to move closer to my daughter who's in the navy. My husband and myself have been staying with her and her wife temporarily until we found employment, which I have now been working for the past month. My daughter in law...

    Alan’s Answer

    There would have to be a court action to evict you. Since you are leaving in 13 days, it does not seem logical that your daughter in law could get you out sooner than that with a court action.

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  • Hi please explain in easy sentance what does filing for bankrupcy means?

    Explain as an ESL student

    Alan’s Answer

    Filing bankruptcy means all attempts to collect your debts must stop. The discharge order at the end means you are no longer obligated to pay most of your debts, and creditors cannot try to collect them. The process can be simple or complex, depending on your specific situation.

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  • Bankruptcy question before filing. I've got an auto loan on a vehicle that I own, and have the title to..

    I owe quite of bit of money on this loan, however I am anticipating filing bankruptcy come tax time. My question is: If I include this loan as a debt in the bankruptcy, can this loan company repossess the vehicle? Or will they not repossess the ...

    Alan’s Answer

    You must include ALL debts in your bankruptcy. As long as you properly provide for the vehicle loan, you can keep it. In a chapter 13, you can pay what the vehicle is worth (unless the loan was to purchase the vehicle less than 2.5 years ago), and get a clear title. When you file, the lender will file a proof of claim that your attorney can object to if it claims more than the vehicle is worth, provided it was not a purchase money loan less than 2.5 years ago.

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  • Can my attorney charge me with theft of service if I dont pay her what I owe? I owe 800.

    We dont have a contract and original agreement was 2000 for first step of the case. Im not satisified and want to go with another lawyer. We have paid 1100 so far. She keeps telling me she can charge me with theft of service. The work is halfway d...

    Alan’s Answer

    What has your attorney provided for you? If the "first step" was worth the $1100 you paid, then you are even. If it was worth $2000, then you owe the balance. There should be some kind of agreement on this.

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  • Will taking out a hardship withdrawal affect my means test prior to chapter 7?

    need to file by January 2015

    Alan’s Answer

    Probably will not affect the means test, but it is still foolish to access protected funds when bankruptcy is around the corner. Speak with an attorney before taking this step.

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  • What do I do about a call about an out dated payday loan from Money and More, from 2009?

    this is the second or third time I have been contacted and threatened with being taken to court. at first i was told of a settlement for $423 that was changed to five payments of $123. i was contacted by a Karen Carold, Phone 980-272-3802 ext. 161.

    Alan’s Answer

    Probably just ignore it. Most payday lenders are not interested in going to court, as that opens them up to all sorts of counter-claims on your part. That you have been contacted multiple time with the threat that has never been acted upon.

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  • Can my funds be taken?

    Are Pell Grants or Stafford Loans subject to seizure by state agencies? Cite of particular law(s) would be appreciated.

    Alan’s Answer

    Not generally. Pell and Stafford are federal. States have no authority to demand turnover of federal funds. More facts would result in better advice.

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  • Would filing for bankruptcy be a viable alternative? Would that have any economic repercussions on my dad, who is working?

    On a trip to Cancun, and we signed for a timeshare. Upon returning to the states, we realized the grave mistake we made, and never actually proceeded with payments etc. We have now received paperwork of a SMALL CLAIMS GENERAL CIVIL case in my mom'...

    Alan’s Answer

    Who it "we"? What is "etc"? Why is your mom being sued? And your question deals with your dad - you have not involved him in your facts, so its hard to say that he will have repercussions.

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  • Should I call or write to this collection agency?

    Earlier this year I made a payment to 1 collection agency. Recently, another collection agency is asking for payment on a student loan debt. SHOULD I CALL OR WRITE THEM A LETTER to let them know that I've made partial payment on that debt with the...

    Alan’s Answer

    Making a payment resets the statute of limitations. Not a good idea. You should find a local attorney who handles Fair Debt Collection Practices Act (FDCPA) cases before doing anything else.

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  • Can I sue an attorney

    Lawyer file a complaint against me for a past due account that was over the 6 year mark then lied on an amended complaint and said I paid on it two years ago. When I sent paper work back I showed only payment made was on an account I was ordered t...

    Alan’s Answer

    Talk to a Fair Debt Collection Practice Act FDCPA attorney. This may be a violation of that Act.

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