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David C. Andersen's Answers
- 7 Legal Answers
- 1 Legal Guide
3
Attorney answers:
I am recently retired and drowning in credit card debt. if i file bankruptcy will by retirement assests (401K, etc.) be at risk
Although the amount of your debt does not seem huge by some standards, it really depends on your ability to pay. If you can't knock the debt down, you will be struggling for many years and the debt may actually increase due to late fees, interest, etc. I would go over your budget and options with a bankruptcy lawyer and weigh the cost and benefit. I have filed bankruptcies for cases with even less debt based on a very tight budget and no other option. David Andersen
2
Attorney answers:
Medical Collections SOL - Michigan (Which route is best)
Although the statute of limitations is 6 years, it is extended by any payment or even a promise to pay. Also you must timely answer any complaint filed in the court or you will lose by default. If you are overwhelmed with debt, bankruptcy is the logical choice to explore at this point and likely will not hurt your credit any worse than having unpaid bills in court or collection and may even help your credit by erasing bad debt. David Andersen
3
Attorney answers:
Civil Cs. was dismissed because defendant claimed he named me in his bankruptcy but I wasn't
There is case law that says that even if you didn't receive a timely notice, that you found out about the bankruptcy later, that the debt is discharged, unless you were denied a chance to participate in any funds available while the case was open. If there were no funds available, then there is no harm, no foul, reasons the case law. It is strange as you lay out this scenario....anyone listed on Schedule F is also automatically included on the mailing matrix. Maybe it was amended later?...
1
Attorney answers:
17k in CC Debt, Settle? BK? What to do...
You might consider living off the cash for awhile. I would have to go over your living situation. When you file chapter 7 bankruptcy, you can keep up to $11000 in cash on hand or other assets. There is also the cost and attorney fee of filing bankrtuptcy. It seems silly that they won't settle your debts now, but that is how they are. I would consider coming in to a bankruptcy attorney's office right away to go over your situation. It won't hurt to get advice now instead of later. Don't pay...
1
Attorney answers:
I live in D.C. My husband died. Do I have to pay credit card debts - if he was the primary account holder?
I think you at least have to pay what you charged. I would argue that you don't have responsibility for the whole account since you never signed the original documents agreeing to all the interest rate disclosures, etc. It really depends on what you agreed to, and when you use the card, you sign the back and also sign the charge slips. What does it say there? It could be a gray area but I would not automatically assume that you are liable for the whole account.
1
Attorney answers:
My ex-wife moved all her CC debt onto an old card I unknowingly am still on and stopped paying. What can I do?
If you were divorced, you should have closed all joint accounts. If she forged your name to an account, she is guilty of criminal fraud and should be reported to law enforcement and to the creditors. If you don't file a police report, they may assume she had permission. You can dispute the charges by writing letters and contesting the claims in court if you know how to do it. I can help if you would consider filing bankruptcy. David Andersen, Board Certified Consumer Bankruptcy Attorney, Grand...
2
Attorney answers:
Can a bank collect loan debt from a guarantor that filed chapter 7 but filing listed debt as second mortgage and unsecured ?
If the debt was listed on your bankruptcy and you received a discharge of debt, send the discharge to the bank and ask them in writing to stop contacting you. If they continue to hound you, I think you may have a claim against them for violating the discharge injunction, which is a court order to stop further collection action against you.