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Robert J Adams Jr.
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Robert Adams’s Answers

3,793 total


  • Do I make enough for them to be able to do this?

    Hello, I was notified last summer that Capital One was attempting to garnish my wages. I consulted an attorney at that time and was informed that I do not make enough for them to be able to do that, and not to worry about it. It is my understandin...

    Robert’s Answer

    Attached is an article of Wage garnishments in Illinois. Show it to your employer. If he still deducts you will have to court on the return date and show your pay stubs to the judge. Or, go to the Clerk's office and have someone help you file a motion to stop the garnishment.

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  • Can my daughter put this car and insurance in her name without the Bankruptcy court taking it away as an "ASSET"?

    My brother passed away Oct. 2015, I am the administrator of his estate. He has a 1995 Chevrolet Monte Carlo with over 100, 000 miles, the value is approx. $1800. He was never married and no children. I already have a car; I want to give his car to...

    Robert’s Answer

    Illinois law provides certain exemptions. As to cars the exemption is $2,400. If that is your daughter's only car (as you have stated) a Chapter 7 trustee will take the car. The attached explains exemptions in Illinois. Hope it helps you.

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  • Cam they take a car that i added in my bankruptcy

    I filed bankruptcy and they repossed my car and it was discharged on the 24th of November

    Robert’s Answer

    You either reaffirmed the car debt or did not.
    If you reaffirmed the debt it is essentially the same as the Chapter 7 did not count and you are liable on the note and if you fall behind they can repossess and go after you for the deficiency.

    If you did not reaffirm they can repossess whether you are current or not. However, if you did not reaffirm the debt they cannot go after you for a deficiency.

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  • What should I do if I feel like a mortgage modification company has caused me to lose my house or go into foreclosure

    I had a guy to do a modification for my property and it has a sale date on it and the mortgage has went up

    Robert’s Answer

    Loan modifications and foreclosures work on on separate tracks. See the referred article on LOAN MODIFICATION AND FORECLOSURE in ILLINOIS

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  • Should I have my money deposited in the U.S., or have it deposited to where I am going? Or both?

    I owe a lot of money on my credit card and other loans. I am still working and I in the process of retiring next year. I can,t file bankruptcy, because I just did in 2011. I have no money in the bank. I live more or less week to week. I am retirin...

    Robert’s Answer

    As said your social security and pension are exempt from garnishments. So where you put your money is up to you. If you are interested is settling your debts you might consider filing a Chapter 13 as it is more than 4 years from the filing of your Chapter 7. In a Chapter 13 you would likely pay a dividend of 10% or even less depending on the amount of your debt. The preceding is of course dependent on the Means Test; currently the Means Test is annual gross is $49,682 based on the last 6 months. Social Security benefits if you receive such are not included in the Means Test.

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  • What will happen if she doesn't go? They said they charge interest on that bill, can they do that?

    My daughter was served papers to go to court over a hospital bill. She wanted to set up a payment plan but was told she had to pay the whole thing off before the court date, with interest. She only works part time and can't afford to pay off the ...

    Robert’s Answer

    You did not indicate the amount of the bill. It would, however, be in her best interest to go to court. She can offer a repayment plan. While judges can not force a repayment plan they encourage it. Also, bear in mind that if she works only part time she might well be below the income where she can be garnished. It is 30 times the minimum wage ($8.25) less federal and state taxes.

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  • If I live in IL, but want to file Ch 7 pro se in TX, do I have to physically be in TX to do so?

    I moved from TX to IL about 4 months ago. Credit card company is suing me in Cook County. I want to file Ch 7 pro se. It's my understanding that I will use TX state exemption laws because I have only lived in IL for a short amount of time. TX exem...

    Robert’s Answer

    You can file in Illinois as you lived the greater part of 180 days. Retain a local experienced lawyer to best determine how to use the exemptions to your best advantage.

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  • I had a bankruptcy my house mortgage was included in it. I did not reaffirm the mortgage , can they force me to refinance ?

    I have made all payments on time for the last 2 years.

    Robert’s Answer

    Since you did not reaffirm the mortgage debt you cannot be held liable in event of a foreclosure and as long as you stay current they can't foreclose. If, however, you refinance you would be liable on the new note itself.

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  • I have not paid my credit card bills worth 15 thousand dollars.

    I have not paid my credit card bills worth 15 thousand dollars.. I have moved out of US and will not be returning to US. Will the credit card company sue me

    Robert’s Answer

    A creditor can of course file a lawsuit. It is unlikely they can obtain service on you if you are residing in a foreign country.

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  • If you dismissed chapter 13 case would that stop a trustee investigation for bk fraud

    If you decide to dismissed your chapter 13 bk, would that stop the trustee investigation for fraud

    Robert’s Answer

    As said if the trustee has not commenced an investigation a dismissal would likely not start. You should contact either your present lawyer or another lawyer to discuss your problem. Lawyers are bound by confidentially so you can discuss your problem freely to determine the best course of action for your situation.

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