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Gary D. Bollinger

Gary Bollinger’s Answers

3,736 total


  • We filed bankruptcy a couple years ago and our lawyer didn't reaffirm loan. We want to keep the house and he quit taking message

    We filed bankruptcy a couple years ago and our lawyer didn't reaffirm loan. We want to keep the house and he quit taking messages and sent a letter saying he didn't represent us anymore. What would we need to do. We are still paying on the house b...

    Gary’s Answer

    Lawyers don't reaffirm loans: the debtor does. In Eastern District of MO, where I practice, the Reaffirmation Agreement is prepared by the lender, but sometimes the lender fails to send a Reaffirmation Agreement.

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  • 1. If I file chapter 7 what happens to the accounts I have in good standing and make payments on (do they get closed)?

    Chapter 7 - 1. If I file chapter 7 what happens to the accounts I have in good standing and make payments on (do they get closed)? 1. Should closed accounts older than 7 years be included on the petition?

    Gary’s Answer

    In Eastern District of MO, where I practice, I have found that current policy of lenders on unsecured accounts with no balance is for the lender to cancel the account upon learning of the bankruptcy.

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  • How can I have my 500.000.00 judgement executed against this millionaire?

    I have a $500,000.00 judgement that I was awarded and I haven't collected a penny.

    Gary’s Answer

    I can only agree with my colleagues: a judgment is only the beginning.

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  • Is my landlord required to notify me they're filing bankruptcy? When are the required? Will I still be able to get my sec dep?

    Through the handyman that my rental management company uses, I was told that the owner of the property is supposedly filing bankruptcy. I've contacted the rental management company several times to see if this is true bcz my lease ends in March an...

    Gary’s Answer

    Call the office of the clerk of the Bkyy court, they will be helpful to confirm the or deny the filing of a bankruptcy.

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  • Regarding garnishment today was payday and with no notice took 881 dollars without my knowledge is this legal?

    can you receive a garnishment at work and they don't tell you till after payday and already take the money out of your check?

    Gary’s Answer

    In Eastern District of MO, where I practice, a summons to court being allowed by substitution on a minor or others at the address of service is allowed. See MO Case.nerfor details of your "service,."

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  • What will happen next? Will they take me to court? Can they garnish my husband? Can they take our tax return that we file?

    I have defaulted on my student loans. I now have a collection agency sending me mail. I don't have a job. I am a stay at home mother. I declared bankruptcy last year.

    Gary’s Answer

    As Attorney Bunce noted, your student loans were not discharged unless there was an adversary proceeding or motion during the bankruptcy to allow discharge of the debt as imposing an "undue hardship" under Federal bankruptcy law. It is unlikely that you could reopen the case to seek an exception to this discharge rule or that you would qualify under law.

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  • Do I have to file my counterclaim with my answer in a debt collection case in CT?

    I have to answer a debt collection complaint and believe I have grounds for a counterclaim for FDCPA violations. When answering the complaint, can I ask "permission" to file my counterclaim at a later date, and if so, how can I word this in my ans...

    Gary’s Answer

    Counterclaims are less about "permission" than about rights.
    Consult with someone who knows the procedural and jurisdictional rights in your venue.

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  • Will it require am attorney to negotiate with the creditors or will they negotiate with me directly since they've been calling?

    Thank you Ms. Cheryl David and Mr. Joseph Pippen Jr. Your responses were very helpful. Being that I am the executor, I have one last question.

    Gary’s Answer

    You have the authority granted to you by law, but you are new to this sort of negotiation and do not know all the nuances.

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  • Hello, my question is how can I get my money back or if I can stop the ganishing, due to the fact that I was not legal age?

    Getting my pay garnished for an old gym membership cancellation fee. Even tho when I signed the contract I was not the age of 18. And I had told the lady I wasn't sure I wanted to. She made me sign and a couple of months later I had a family emerg...

    Gary’s Answer

    Your defenses should have been asserted in response to the original complaint.
    You may be able to seek to vacate the judgment, but you will need an attorney to make the attempt and the challenges are daunting.

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  • They want to negotiate with me but I do not want to give them my bank statement by law I do not have to correct?

    I have an unsecured debt of $14,000 which has accrued interest and penalties. Due to cutbacks in the firm I was working at I was forced to retire in October of 2013, & I have fallen behind on payments to this community America credit union and th...

    Gary’s Answer

    Check on Missouri CaseNet to see if a case has been filed.

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