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Gary D. Bollinger

Gary Bollinger’s Answers

3,679 total


  • Bankruptcy judge lifted the automatic stay so my landlord could proceed with eviction. She left court with the judgment signed.

    She got a judgment for possession three days after I filed for bankruptcy, was paid April rent prior to her judgment. I'm concerned about process. Does she have to start OVER for May uncollected or go right for judgment and writ?

    Gary’s Answer

    If you have not paid for May or June, but the landlord obtained the judgment based on unpaid April rent, the decision will be by the State court judge as to whether the existing eviction can proceed or the case must be refilled. If there is no definitive opinion on this, the landlord will attempt to proceed with reviving/continuing the existing action and you will probably need an attorney to assert you position that the existing case cannot be extended.

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  • Should Contempt of court or bankruptcy objection be filed on ex chap 13. Won't sign QUit claim deed so I can refinance in my nam

    Was awarded house in divorce. House in ex name only. After divorce ex won't sign quit claim deed so I can refinance in my name. Divorce decree does not state he must sign quit claim deed. He now has filed a chapter 13 bankruptcy and placed hous...

    Gary’s Answer

    The award of the house in the judgment of dissolution is probably not in the nature of a domestic support obligation, although some MO courts may have found--or at least have tried to find--a way around this. This may affect the analysis of the intention of the filer when you consult with your attorney(s).

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  • How to pay my credit debt ?

    hi , my friend who was in a bad financial situation for couple of years is now earning income and would like to pay off his credit card debt. capitol one , chase and HSBC Bank . should he contact the bank directly ? it's been about 6 years now. wh...

    Gary’s Answer

    A bankruptcy or negotiation though a third -party (such as a lawyer) would be better than attempting direct contact. Also, get a credit report.

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  • What does a request and writ for garnishment (nonperiodic) mean?

    I got served this and I just started a new job. I'm just curious what this means? Will they garnish my checks? Or dig into my bank account? My account is empty but I have direct deposit. Can they take my direct deposit. I'm shopping for an a...

    Gary’s Answer

    If possible, quickly adjust you direct deposit to another account.

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  • How does a chapter 13 work after filing a 7?

    I filed chapter 7 BK 2 years ago. My recovery was doing well until a death occurred in my family, taking in and caring for family members from the death and now illness of my wife and loss of her job has left us upside down just as we were putti...

    Gary’s Answer

    You may well qualify for a ch. 13, but your ch. 7 is probably too recent for you to obtain a discharge in a ch. 13.

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  • Tell me if this is legal please?

    I had $2400 taken from my bank account today leaving me with a balance of -$1889. The bank says this is a garnishment from my previous landlord. It is my understanding that with a garnishment a creditor can only take up to 25% of a persons income...

    Gary’s Answer

    File your claim for exemptions with the sheriff and the court.

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  • Can a collection agency charge 40% interest on an account?

    I have a medical bill in collection since 2005. At first for about a year I believe I was making $50 payments. Then I had to lower the payments to $25 because I couldn't afford it since it put me in hardship. I am on Social Security Disability and...

    Gary’s Answer

    You may be judgment proof, that is, you may have no assets upon which a judgment may be collected by garnishment, levy or other actions in aid of collecting the judgement.

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  • TENANT FILING BANKRUPTCY & STATED HE IS PROTECTED AND IS NO LONGER RESPONSIBLE

    TENANT IS BREAKING LEASE BY 6 MONTHS, HE HAS $2K PLUS IN LATE RENT, FEES & NSF AND SAID HE IS PROTECTED BECAUSE OF BANKRUPTCY. IS HE NOT RESPONSIBLE AT ALL, CAN I NOT SUE HIM, CAN I REPORT HIM TO CREDIT BUREAU, WHAT ARE MY OPTIONS.

    Gary’s Answer

    Check the bankruptcy pleadings to determine if the lease is rejected.

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  • In my chapter 13 bankruptcy why am I having to pay for a vehicle that I had voluntarily turned in years prior?

    a couple of years prior to my filing for a chapter 13 bankruptcy I turned in my car because the payments were too high. Now I'm having to pay for the car anyway.

    Gary’s Answer

    The lender must give you credit for the sale of the vehicle, add the allowed expenses of sale, and deduct that from the balance owed on the contract. The deficiency, if any, could appear as an unsecured claim on your bankruptcy.

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  • Inheritance question

    my dad died a few weeks ago and my other family said i was supposed to inherit his car but the title is in his ex wifes name and shes no where to be found how can this be solved

    Gary’s Answer

    Check the divorce decree to determine if the car was to be transferred to your father; that decree will be a public record.

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