Cass S Weil's Answers

Can I get paid by a company if they filed for Chapter 11 bankruptcy?

The paperwork you received announcing the bankruptcy filing most likely included a form called a "Proof of Claim". In order have the best chance pf being paid money owed to you by the company from before the bankruptcy filing, you should fill out and file the Proof of Claim form. The form has directions on it but you may need help from a bankruptcy lawyer to make sure that you do it properly. Your claim may be entitled to be paid ahead of some other types of claims (a "priority claim")....

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How far back can a debt collector collect a debt from

A creditor cannot collect on a debt forever. A lawsuit attempting to collect a debt must be commenced within a certain time after the debt becomes due. The law governing the length of time within which a collection lawsuit must be started is called a "staute of limitation". Statues of limitation vary from state to state and among different kinds of debts. You need to ask a lawyer who practices in the state whose law governs your obligation to pay the utility bill whether this bill is too...

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Am I signing my own death warrant by sending back a 'voluntary' financial disclosure form?

My guess is that filling out and returning the financial disclosure form is not a matter of choice on your part. If the form says "UCF-22 Disclosure Form" at the top andyou fail to fill it out and return it, you could be held in contempt of court. Even if it truly is "voluntary" for you to fill out the form that was sent to you, you can be compelled to give the same financial information to a judgment creditor. I suggest that you contact the attorney representing the judgment creditor at...

Do I have any rights against creditor who garnished my bank account

Your situation sounds very difficult. If you only have enough income to live on without making credit card payments, you may be a candidate for bankruptcy. You should talk to a lawyer who specializes in Consumer Bankruptcy. Ther are many in Minneapolis who will meet with you for a free inital conference. You should check the listings on AVVO and selct somone who appeals to you.

Chapter 11 bankruptcy filings, chapter 11 bankruptcy cases U.S. bankruptcy court

I do not practice law in Arizona so I cannot give you legal advice. However, the following general information may be helpful: In addition to the PACER system for which you have to register and pay for information, the Bankruptcy Court has a free service, the Voice Case Information System (VCIS), which you can use to find out if a debtor has filed for bankruptcy . The telephone number for a Bankruptcy Court's VCIS call can be obtained from the website of the Bankruptcy Court where you...

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Bankruptcy/foreclosure

If you file for bankruptcy, you most likely will not have to make any further payments to themortgage lender on the home that you no longer occupy. However, filing bankruptcy is a serious and complicated step that requires careful consideration of all of the possibilites. Every person's situation is different. You should consult with a qualified consumer bankruptcy attorney near you to discuss your options and the good and bad points of each. Many consumer bankruptcy attorneys will meet...

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Attorney problems

If your attorney is not responding to your calls, this may be a sign of a serious problem. The first thng that you should do is give your lawyer a fair chance to explain why you are not getting a responce to your phone calls. You should write to your lawyer and detail your efforts to contact him/her and the lack of response. The letter should say that you are concerned that the lack of response may damage your case. Ask for a response and an explanantion. Include a deadline after which you...

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Can a person that lost a civil lawsuit discharge the award in bankruptcy

You may discharge your personal liability for any debt in bankruptcy, even if you agreed to the settlement in a court proceeding, unless the debt falls into one of the categories of debts that are excepted from discharge. As the first answer noted, debts incurred by fraud are not dischargeable. Other kinds of debts that are excepted from discharge include debts arising out of divorce, breach of fiduciary duty, larceny, or "willfull and malicious injury" to a person or property. There are...

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How do I go about getting a refund of unused money back from my lawyer?

A lawyers fees must be reasonable considering the amouont of skill, expertise nad experience needed as well as the amount of time expended on hte owrk htat was actually done. Consult with your new attorney about whether any part of the $7500 that you already paid is refundable based upon tthe factors governing the reasonableness of the $7500 fee.

Chapter 11 bankruptcy

A bankruptcy discharge makes you no longer personally responsible for paying your debts but it DOES NOT remove liens from property. Therefore, if you file bankruptcy and want to keep your house, you must pay for it. Some kinds of bankruptcy, like Chapter 13, allow you to pay past due house payments over time as long as you are able to also pay the current payments. A Chapter 13 can also help you deal with other types of debt, such as credit cards. You should consult with a bankruptcy lawyer...