James Russell Brown’s Answers

James Russell Brown

Saint Louis Chapter 7 Bankruptcy Attorney.

Contributor Level 8
  1. Can a creditor sue me after only 90 days of nonpayment? Also can they submit me to collections at just 30 days past due?

    Answered 4 months ago.

    1. Blake Owen Brewer
    2. Nathan D McKinney
    3. Matthew Scott Berkus
    4. James Russell Brown
    5. Michael J Corbin
    6. ···
    6 lawyer answers

    I agree with my colleagues from out of state. Once you were in default under the Agreement, the creditor can take any collection action available to them including filing a lawsuit. The timeline actually sounds correct for MO in that your last payment was April 8th and you received your first letter over 30 days later which would be after any grace period and apparently when the account went into default. The collections firm would have to follow certain procedures under the FDCPA by giving...

    1 lawyer agreed with this answer

  2. Car Loans/Car repossession

    Answered over 4 years ago.

    1. James Russell Brown
    2. Tara Leigh Goodwin
    2 lawyer answers

    You need to look through the terms of your contract. There will be details on there as to how long a lender will wait before repossession. In Missouri, most creditors will give you a notice of default and ask for payment before they repossess. You will get a notice of repossession before it is sold. If it is sold, you may be able to get it back through a Chapter 7 bankruptcy. If you are having trouble maintaining your debts, it is probably worth a look. James R. Brown Castle Law Office...

    1 person marked this answer as helpful

  3. Chapter 7 and vehicle co ownership

    Answered over 4 years ago.

    1. James Russell Brown
    2. Mitchell Paul Goldstein
    2 lawyer answers

    Thank you for the question. We frequently get this question in our office posed to us by our clients and the co-debtors of our clients. I will answer each question using the numbers you provided in the original post. 1. Your standing with the bank and your credit should not be affected. However, careful monitoring of your credit report is necessary. People make mistakes and that includes the employees of the 3 major credit bureaus. You will need to watch your credit report to make sure your...

    1 person marked this answer as helpful

  4. Credit

    Answered over 4 years ago.

    1. James Russell Brown
    2. Mark Hankins
    3. Charles Ross Smith III
    3 lawyer answers

    Technically, a bankruptcy can be on your credit report for up to 10 years...but ask yourself this: what will your credit look like if you don't do anything about your debt? If you haven't yet filed bankruptcy and are weary of the effect it will have on your credit, you can take solace in the fact that bankruptcy stops the aging process. Your credit has an opportunity to turn around if you get in control of your debts. If you have already filed bankruptcy, remember to practice good credit-...

    1 person marked this answer as helpful

  5. Is there such thing as Credit Card debt relief available?

    Answered over 4 years ago.

    1. James Russell Brown
    2. Mark Hankins
    2 lawyer answers

    You may be looking into debt settlement as an alternative to bankruptcy but I must caution you to be careful. The debt settlement industry is rampant with scams and fraud. If the debt settlement office is legitimate, they can still only attempt to renegotiate your debt. It will probably not wipe out your debt. Plus, a debt settlement office can't protect you from your creditors. Chapter 7 bankruptcy is a legitimate solution to credit card debt--and it can protect you from harassment or...

    1 person marked this answer as helpful

  6. How can I save my home

    Answered over 4 years ago.

    1. James Russell Brown
    1 lawyer answer

    The truth of the matter is the answer to your question truly depends on what you want to do with the house yourself. Either way, there are options available to you as well under the bankruptcy code. Based on the fact that there are many options available to address whether or not you want to remain in the home, the best thing for you to do is to contact a local bankruptcy attorney. This is the kind of question that is entirely dependent on your situation--and the kind of question that free...

    1 person marked this answer as helpful

  7. Serving Motion to avoid lien in chapter 7 bankruptcy

    Answered 4 months ago.

    1. Shaye Larkin
    2. Derek R. Caldwell
    3. Lisa Torelli McCue
    4. Dorothy G Bunce
    5. Shelley Ann Elder
    6. ···
    6 lawyer answers

    In the Eastern District of Missouri, you will just need to serve the creditor. The rules as suggested by my colleagues are applicable here in adversary proceedings and not motion practice. An action to avoid lien is done by motion. You can find the local rules for serving motions on the court's website as well as the court approved motion to avoid lien.

  8. Can filling bankruptcy interfer with student loans?

    Answered about 4 years ago.

    1. James Russell Brown
    1 lawyer answer

    I’m sorry to hear about your situation. I know that many times bankruptcy can help relieve just the type of stress that you are describing. Now regarding your student loans – in most instances the bankruptcy will not interfere with your ability to borrow for education. This is especially true for federal loans. The US government is prohibited from discriminating against you just because you filed bankruptcy. This includes allowing you to borrow for education. Your existing loans will also...

  9. Chapter 13

    Answered over 4 years ago.

    1. James Russell Brown
    2. Mitchell Paul Goldstein
    2 lawyer answers

    I am an attorney in St. Louis, so my answer is based on the rules for the Eastern District of Missouri. If the case was filed in a different district, the rules may be different. It would be best to check with the attorney who filed the case to have that question fully answered. However, in the Eastern District, there are two ways that he could have gone about it in his plan. He may have protected his co-debtor and paid the whole note off in the plan. If the whole debt was not being paid...

  10. Can personal ch. 13 bankruptcy affect my business?

    Answered over 4 years ago.

    1. James Russell Brown
    1 lawyer answer

    The answer to your question depends on a lot of factors, namely whether the debt associated with the business is personally guaranteed or not. If the business debts are strictly associated with the business and hold no personal guarantee, then the answer is probably no. If, however, the debt was incurred by your husband personally, you may be facing a little more complicated situation. This is exactly the kind of question I would take to a bankruptcy attorney. Getting an hour with an...