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Gary D. Bollinger

Gary Bollinger’s Answers

3,679 total


  • I have a stipulation of judgement for a debt owed me since 2011 has my time expired for a court case?

    We went to mediation and they signed they would pay but has not

    Gary’s Answer

    Collection actions, such as garnishment or levy, are usually writs issued in aid of a judgment after the judgment has become final.

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  • When paying my ex wifes credit card debt in full, do i also have to pay off all of the added interest?

    The divorce document just says debt in full.

    Gary’s Answer

    "In full" likely means as of the effective time of the creation of the obligation.

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  • My GC recorded Claim of Lien with wrong person as "Hiring Party" and "Tenant". Will this hurt them if they try to forclose?

    Hired a GC to renovate a retail space. Job is finished and he has been paid in full per our contract. He now placed a lien against LL 's property for couple thousand dollars. But on the Claim of Lien is states "Tenant" and "Hiring Party" with p...

    Gary’s Answer

    They may have made an error, but, generally speaking, the burden to challenge falls on the aggrieved party. Clearly, if GC has been paid in full, no lien should arise from your contract, but if the lien arises from other work, a challenge may be problematic and the lien might be valid.

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  • I am filing for bankruptcy and I am married. I do not want to encumber my wife so is it best to state that we are separated?

    I am stating on the form that we live at separate addresses, though my driver's license has our current address. I plan on using my mother's domicile as my current address. Is this the best course of action?

    Gary’s Answer

    Your driver's license may not be accurate for your address; In Eastern District of MO, where I practice, I often run into a mismatched residence/driver's license. Of course, you must avoid perjury.

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  • So is radioshack out of bankruptcy, are they still in business , who owns them now, sprint?

    I need help, understanding, if they are still a open business or did bankruptcy ruin them, any help would be nice, online it says sprint and them are cobranded

    Gary’s Answer

    Attorney Riddle is correct, Google or Bing can provide you with these answers. Avvo is for persons seeking legal assistance, not for tracking the progress of a major chip 11 bankruptcy. Also, the court's website may have added a link for this bankruptcy; this has been done In Eastern District of MO, where I practice for some cases.

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  • Am filing bankruptcy here in Florida where I reside full time, dad passed away and his house in North Carolina is 1/2 mine now

    Can I proceed with bankruptcy here in Florida or will it jeopardize the home in NC which I only own 1/2 of and mom still lives in.

    Gary’s Answer

    It reads like you don't reside in the North Carolina home, it may be investment property for you.

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  • I am in a Bankruptcy case the banks lawyer shared my information with a lawyer without our permission has hurt our case.

    The banks attorney contacted a lawyer shared details about our case and how he felt the bank would work with us and the expectation that he and the bank thought my father in law will bail us out before we file bankruptcy. This happened before we h...

    Gary’s Answer

    Ÿou wrote that the bank's lawyer contacted the [other] lawyer before you did.
    It seems a preemptive strike by a lawyer who anticipated the contact and took advantage of it to deliver a message.

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  • Does the creditor need to notify you when they put a judgment lien on your property ?

    Is judgment automatic file as judgment lien or need to apply with county recorder in my county?

    Gary’s Answer

    In Eastern District of MO, where I practice, no notice is necessary. I suspect most laws are similar.

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  • I filed chapter 7 - How do I look up if there a judgment Lien on my house?

    I did a title search online & only my banks mortgage liens show up.

    Gary’s Answer

    Have a professional title search done.

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  • My dad was in a Chapter 13 bankruptcy and died. Should I keep paying the bill for his case

    My dad filed for a Chapter 13 two years ago. I recently found out that he had done so. He has since died three months ago. Right now he is a couple of months behind on his payments to the court and the trustee mailed him a document saying he is...

    Gary’s Answer

    Check to see how many years remain on the bankruptcy payment plan before spending any of your own money.

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