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Gary D. Bollinger

Gary Bollinger’s Answers

3,686 total


  • If my chapter 13 is discharged early due to non payment to Trustee what options are left?

    I am seriously ill and that is why there has been no payment as required in the 13 plan. I also have accrued new debt (large loan on financed car that had been approved under the 13 and a hard to handle phone bill). My wife hasn't been able to wor...

    Gary’s Answer

    You wrote, "Can I include new debt if I convert to a 7?"
    Yes.

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  • Ok...one more time

    Can a trustee sell off an asset for less than the exemption? I asked this before and really didnt get an answer. I have some jewelry that was my grandmothers. I walked it around town and found no jeweler or pawn shop willi...

    Gary’s Answer

    You wrote, "Can a trustee sell off an asset for less than the exemption? "

    I've never seen it happen: where a bankruptcy Trustee has got the value wrong and the asset is fully exempt, they usually just abandon the sale effort as it would be a waste of the bankruptcy Trustee's time since s/he would have to turn over the proceeds of sale to you and get nothing for the creditors.

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  • Can they take my car for a judgement against me.

    So I have been issued an information Subpoena in nj for a judgement against me in the amount of 5,302. Apparently the judgement was entered in feb of 2010 and it is now august of 2015. The amount was for a personal loan from a bank in 2004. I was ...

    Gary’s Answer

    Most states have a provision for interest being added to the original jmt amount: you may owe more than you think.

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  • Chapter 13 mortgage arrears on principal balance are now almost equal to the principal balance owed

    I filed a chapter 13 in Illinois in December of 2014. At the time, my mortgage arrears including escrow and late fees were $10,000 and included in my chapter 13 plan, and the principal owed on the property was $16,000. I estimate that $6000 of the...

    Gary’s Answer

    Run a spread sheet to determine the actual balance of principal and interest.

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  • What happens when the original creditor and collection agency both won't deal with you?

    Saw a collection on my credit score. Reached out to the collection agency. They responded by auto-dialing me at 11:38 PM and then returning the account to the original creditor. I called the number of the original creditor they provided, and have ...

    Gary’s Answer

    Preserve all written and recorded documentation of the actions of the lender or its purported collection agent / assignee. If you were contacted by phone, get a written list from your phone carrier.

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  • Do collection agencies have to tell you what the original debt is that you owe? Or can they just sue you without saying why?

    I've discovered that I was sued, back in 2007 by a Collection agency called MCT Group. I am just findout out about this now. This happened in California and I have now been living in Washington for 5 years. But the point is that MCT Group is a col...

    Gary’s Answer

    You need to determine if a judgement was taken against you.

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  • Says that I defaulted on a payday loan...do they have to legally serve me via postal mail or is it legal for them to email me?

    They are stating that I have 48 hours to respond...what steps do I need to take to resolve this matter?

    Gary’s Answer

    Service of a summons by e-mail is not currently allowed in MO for this type of suit.
    USPS service, by special procedure, is allowed, but rarely used.

    Attorney Elie gave an excellent analysis.

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  • 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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