Richard George Fonfrias's Answers

Can you still collect a judgement against someone who's going bankrupt?

Probably not. once filed, a bankruptcy, immediately stops actions against debtors by creditors, collection agencies and other entities. By trying to collect your judgment you would be a creditor, and would need to hire an attorney to get relief from stay to pursue your judgment. You will need to file a claim.

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I have been contacted by a collection agency and have questions regarding my rights on repayment.

A Chapter 13 bankruptcy would force the creditor to deal on your terms based on what you can afford. If you do not go that route, then consider the following: The federal Fair Debt Collection Practices Act (FDCPA) sets the national standard for collection agencies. The FDCPA, enforced by the Federal Trade Commission (FTC), prohibits abusive collection tactics that harass you or invade your privacy. (15 USC §§1692-1695) The full text of the FDCPA is found at http://www.ftc.gov/bcp/edu/pubs/...

Have read that a reverse mortgage goes into default if the homeowner declares bankruptcy. Can such a homeowner stay in the house

If a homeowner files a chapter 13 bankruptcy, they would be able to stay in the home while they workout any defaulted mortgage payments. Chapter 13 bankruptcy would also stop any foreclosure. Please contact me to discuss.

Can a restraint be put on a joint account for a credit card that has not been paid for more than three years

Yes. Without the protection of bankruptcy you are at the mercy of the credit card companies. There is probably a judgment against you. I would be happy to discuss the matter with you.

State of IL put a lien on my bank account, I am unemployed and had enough money to pay rent and eat? Can I file a complaint to g

You could stop the lien, free up your bank account, and pay back the child support in a Chapter 13. It would be much simpler than the course you are on now. You would however have to have a source of income. I would be happy to discuss this matter with you.

I got married one year ago- can I get a mortgage if wife filed bankruptcy 2 years ago?

Probably yes. If you apply for the mortgage yourself your wife's bankruptcy will not come into play. I recommend using a Mortgage Broker. they work with many lenders, and shop around to find one who will make you a loan. There is a fee, however it saves you precious time. A good online broker is E-Loan. Examine your wife's credit since the bankruptcy to see if it has improved, if it has she may actually improve your results.

I filed for bankruptcy and subsequently was laid off after the filing. I cannot make the bankruptcy payments. What happens?

Unfortunately if you are unable to make your plan payments, the Chapter 13 trustee will eventually dismiss your case. You could convert the case to chapter 7

I filed a chapter 7 in aug 2002 discharged in nov 2002 need to file again I know it has to be 8 yrs but can I retain a lawyer?

The eight year requirement only applies to Chapter 7 repeat filings. You Can file a Chapter 13 reorganization. Seek counsel immediately.

I have lost my job and considering filing for bankruptcy, would I be able to keep my house

The bankruptcy laws are designed to allow a fresh start. A fresh start would be impossible if you would lose all your property. The fact is that most people don't lose anything in their bankruptcy. The bankruptcy law allows the State government to decide what property is protected for bankruptcy cases filed in its state. In Illinois, you are allowed to keep most personal and household property, equity in your home up to $15,000 per person, some equity in a car, most retirement plans, and many...

If i die while in chapter 13 in illinois does my wife have to pay the credit card debts. debts are mine. bankruptcy is mine.

I would like to know more facts. My email is: thedebtexperts@gmail.com. Generally when a spouse dies during a Chapter 13 bankruptcy, the court has a hearing to see if the plan can complete, If the court finds that the plan cannot complete without the spouse, it may be converted or it could be dismissed. www.chicagomoneylawyer.com