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Peter Cosmas Greenlee
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Peter Greenlee’s Answers

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  • I moved from Illionois to Minnesota last Novemember 2014. Do I have to file bankruptcy in Illinois?

    I owned a home in Illinois, but simply walked away from it due to inability to pay after my divorce. I am a federal VA employee since April 2015. I have a lot of credit card debt and had 2 cars repossessed. I also have many student loans-one is fr...

    Peter’s Answer

    If you or a majority of your possessions have been in Minnesota for at least 91 days prior to a bankruptcy filing, then Minnesota is the state where you would file a bankruptcy.

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  • Being sued by a junk debt buyer for 10xs the amount. Is this legal?

    I am being sued by a junk debt buyer.The original amount I charged on the credit card is $150.00 I'm being sued for over a thousand now two years later. These charges are GREATLY inflated. How do I fight this? The credit card company didn't care ...

    Peter’s Answer

    Hello: Although the debt buyer may have actually paid pennies on the dollar when they purchased the debt, that fact has very little to do with how much you legally owe. For example if you owe the credit card $1000 and a debt buyer purchases that debt for $300, you still owe the $1000 because the debt buyer purchases the legal rights of the credit card, whatever they may be.

    It is very possible that you legally owe over one thousand now, because over two years the interest. late fees, and over limit fees and membership fees can add up. You would need to review the terms and conditions of your original credit card agreement, and then review the monthly statements to independently verify what the correct amount owed is.

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  • Can a phone chat company charge for services used if the credit card provided was never charged since it had no money on it.

    I used an adult phone chat number since I received an offer for free minutes. A credit card # was needed so I entered one that had reached its limit. I assumed if I used my free minutes and I was going to be charged that my credit card would be ...

    Peter’s Answer

    Hello: Generally, people have to pay for services rendered. You might want to re-read the free offer and any fine print. If in fact there is no exclusion for "one-on-one", then you would have a defense if the creditor tried to sue you to collect in court. Also, one would wonder why a credit card was needed if you had an offer for free services.

    In any event, if your time on the phone exceeded the "free minutes", then you would be rightly billed for that extra time. Your question does not indicate who you called when you spoke with John Rico, and therefore it is very possible that a Mr. Rico is not with PPP.

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  • Can I sue my second mortgage company and my current attorney?

    I filed Chapter 13 banruptcy in March 2009. Under that filing I was to pay my second mortgage directly. My second mortgage made a claim through bankruptcy court in which they paid even though I was not behind on payments. So i assumed that it was ...

    Peter’s Answer

    Hello: I practice chapter 13 bankruptcy in Minnesota and Wisconsin. When you file a chapter 13 and you are supposed to pay the junior mortgage directly, that mortgage company will file a "proof of claim" with the court. The filing of this document does not mean that the mortgage company will get paid from the chapter 13 trustee. Only if that mortgage company has a claim for pre-bankruptcy arrears, will they get paid, and only if those arrears are scheduled to be paid in the plan. If you miss the regular payment after filing chapter 13, then the mortgage company will bring a motion for "relief from stay" - asking the court to be let out of the bankruptcy so that they might start foreclosure. A "relief from stay" is not the same as case dismissal. I suggest that you again contact your bankruptcy attorney and provide them with proof that you have made all payments required by a court cure order. Remember that the 6 month court cure order requires that you make your regular mortgage payments AND the arrearage or attorney fee cure.

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  • My husban-estate.d and I have a Quick-Claim deed on his mother's home and we need to sell the life

    My husband and I have a Quick-Claim Deed on his mother's home and we need to sell it because of credit card debt. The house has 100% equity - it is mortgage free. We live in Minnesota and our state will not let it be exempt from bankruptcy. We ...

    Peter’s Answer

    Hello, I am a bankruptcy attorney in MN. A life estate is created when person A deeds their real estate to persons B, C, and even D, but person A in that deed puts language that says that person A reserves the right to live in the home until their death. Person A is the person who owns the "life estate" - the right to live their until death. Persons B, C, and D own what is called a "remainder interest".

    From your question I would guess that you and your husband hold the (or a portion of the ) remainder interest. If you were to file a chapter 7 bankruptcy, the trustee could take your remainder interest if it is "not exempt". You are allowed to do some pre-bankruptcy planning, and one possibility is to sell your "remainder interest". Usually only other family members are interested in owning a remainder interest, so you might sell your portion to a family member. Lending institutions normally will not lend to someone who is buying only the remainder interest (or a portion of the remainder interest). If your sister could find a lender, that lender would not have to be in state.

    It is true that you cannot simply give to someone else a remainder interest ( or the life estate) prior to filing bankruptcy. It sounds like your bankruptcy attorney is correct.

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  • My sister filed bankruptcy. She is the executor of my mother's estate. Can a judge take my mother's house and offer us other 3 s

    My sister filed bankruptcy. She is the executor of my mother's estate. Can a judge take my mother's house and offer us other 3 siblings less than what the house is worth? He wants to take it and sell it out from under us because of my sister's ban...

    Peter’s Answer

    Hello. From your question it appears that you may be confused as to ownership of the house, and you may be confusing the bankruptcy trustee for a judge.

    Your siblings and you are probably now owners of the real estate. If your sister filed a chapter 7 bankruptcy and if her 1/3 interest in the real estate was " not exempt", then the trustee in her bankruptcy case has the power to liquidate the home (sell it) and the trustee takes your sisters 1/3 and pays her creditors with it. The trustee has a duty to get the best price they can for it. If the trustee has a buyer, the trustee must ask for the bankruptcy court (judge) to approve the sale. You are allowed to object to that trustee request if you can show that the home is worth substantially more.

    My advice would be to contact and hire a local bankruptcy attorney to explain in more detail how the bankruptcy law works, and whether you need representation.

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  • Divorced 7 years, collection company is calling me for ex wife unpaid credit card.

    I have been divorced for 7 years, my ex wife never took the Macy's card out of my name. I was a co-signer on the account. All charges are hers, I never used the card. She has stopped paying and they are now calling and writing me for the balance.

    Peter’s Answer

    Send the credit card company a letter in which you dispute the validity of the debt under the Fair Debt Collections Practices Act. In your letter explain that this credit card was awarded the ex-spouse in the divorce 7 years ago, and that she is solely liable for all charges (assuming that your divorce decree specifies this). Ask that you be removed from their collections and that your credit report be cleared accordingly.

    Also contact the ex-spouse. If the collector continues to collect against you, you may have a post-dissolution cause of action against her for contempt. If these attempts do not work, and depending on the amount of debt, you might be just as well off paying the debt.

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  • My husband and i filed for chapter 13 banruptcy i now want a divource how can we do this ??

    how can i get a divource when we asre in 13 bankruptcy

    Peter’s Answer

    It is permissible to get a divorce when you are in a joint chapter 13 bankruptcy with your husband. The divorce is obtained in the usual manner for your state. You and your husband will experience a change in financial circumstances, such as new rent for one party, or other increase in everyday living expenses. These changes will affect your chapter 13 plan, and you should discuss with your bankruptcy attorney what these changes are and how you propose to make the chapter 13 payment. It may be possible to modify the chapter 13 plan to reflect your change in financial circumstances.

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  • My husband filed a chapter 7 before we got married. which was less than 2 yrs. can we file a chapter13.

    .

    Peter’s Answer

    Yes, you both may file a joint chapter 13 bankruptcy case. However, your husband cannot receive a discharge of debts in the chapter 13, because it has been less than 4 years since his previous chapter 7 discharge. It may or may not be necessary for him to receive a discharge in chapter 13 depending upon his debt and circumstances.

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  • Do i need an attorney to file chapter 13 or is there a diy method available online?

    I want to file chapter 13 and can't afford an attorney at the moment so i was curious if i could do it for myself online or in person. I know which district i would have to file in just not sure if i could do it myself.

    Peter’s Answer

    Chapter 13 is more complicated than chapter7. There are possible lien strip issues, vehicle or real estate cram down issues, and other legal tools available in chapter 13. Unless you are a bankruptcy paralegal or are very comfortable with chapter 13 bankruptcy, I would recommend getting a bankruptcy attorney.
    Usually the "up front" costs of a chapter 13 are less than a chapter 7 bankruptcy. Ask the attorney if more of their fee can be paid in the plan, and less up front. Greenlee Law Office is a debt relief agency in Minnesota. I help people file bankruptcy.

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