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Gary D. Bollinger

Gary Bollinger’s Answers

3,736 total


  • Can I reopen dismissed bankruptcy case after 3 years?

    I filed bankruptcy in 2012 with my husband. We divorced this year and in the process of getting my finances together I checked my credit and saw the case was dismissed because the course we were supposed to take was never completed. I haven't hear...

    Gary’s Answer

    In Eastern District of MO, where I practice, the answer would be ,"no."

    See question 
  • Filing chap 13 Personal in Pa to save home. Im 1 of a 2 = member llc w/220K RE asset (0 debt). Is it fully exempt Pa/Fed law

    I had to file a 13 to stop sheriff sale on my home. The sale was to be continued by my former attorney called me day of sale and said filing was only option. I did but reluctantly and still not convinced, but the damage is already done. My only se...

    Gary’s Answer

    Your Schedule C. Exemptions should list the business property exemption you mentioned.
    You can likely read the cited statue online.

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  • Questions on charge by condo HOA and fair debt collection practice act

    Condo management charged fees that I challenged. I notified I would file AG complaint if charge is not removed. Immediately after my letter, condo management company sent me a letter: notice of collecting debt - under federal law 30 days to dispu...

    Gary’s Answer

    I'm not sure if the Management Company is subject to the FDCPA as it may be the original creditor.

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  • I'm facing apartment eviction. Will filing for bankruptcy keep me from getting evicted?

    Tried to pay the office the amount that was due on the paper I was served but he wouldn't take it and said they would give me updated price in court. Went to court and the amount was way higher. Will bankruptcy stop the eviction?

    Gary’s Answer

    The situation is complicated by bankruptcy law.
    An obscure provision of bankruptcy law allows you to file bankruptcy and take steps to prevent an eviction.
    You will need an attorney to assert this provision and determine if this provision may be used and what it will cost you in terms of a deposit with the court and other provisions.

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  • Is my car, which is paid off, allowed to be taken by the courts to pay an old credit card debt?

    I defaulted on my credit cards years ago and just had my first paycheck levied by the courts/banks. In the notice they sent me, It states they can take my vehicle. My question is, is my car protected up to a certain dollar amount or can they take ...

    Gary’s Answer

    Exemptions from collection are based on federal or state exemptions from collection efforts for a judgment.
    Check for you State exemptions, by Google or Bing.

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  • Can i take legal action against a collection agancy

    My wife was contacted by a person claiming to be a court officer informing her that if she did not pay off a past debt that a federal marshall will come and take her to jail, she was very scared so she paid 647 to satisfy what the man claimed the ...

    Gary’s Answer

    Your wife very likely fell for a nuanced extortion scam.
    If a "court" rejected the payment, there would be a public record.
    Consider contacting an attorney for violation of Federal FDCPA or TCPA law.

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  • Quick question about bankruptcy

    If i sue two people who own the same company and one files for bankruptcy, but the other isn't do i still get all money or is the money halfed?

    Gary’s Answer

    Review the contract and determine if the liability is joint and several.
    Also the co-debtor stay may apply if the person filed a chapter 13.

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  • A trustee declines initial offer to buy back equity assets from debtor without any counter offers and lists the house for sale.

    Trustee not showing good faith with lawyer and debtor to negotiate settlement.

    Gary’s Answer

    In Eastern District of MO, where I practice, the issue of whether a trustee must show "good faith" in negotiating a settlement of the sale of an asset for a buyback by the Debtor is a matter of case law: put simply, that is not the standard.
    The law of your circuit may differ.

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  • What assets are subject to a Civil Judgement in Missouri?

    1. Live in Kansas, previously worked in Missouri, but didn't live there. How do the laws transfer across state lines? 2. What about joint assets when the judgement is against one?

    Gary’s Answer

    MO has a joint ownership of property unique to married couples called "tenancies by the entireties," that has unique protections for debts owed by only one of the spouses.

    An attorney can determine if the protections applies to your "joint Property."

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