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David Prelle Eron

David Eron’s Answers

180 total


  • What can I do to stop my wages from being garnished?

    I filed for bankruptcy in 09. My first mortgage was discharged but the second was reaffirmed. We had to leave our home and it has since gone into foreclosure. Now the second mortgage company wants to garnish my wages, more than I was even payin...

    David’s Answer

    You need to consult with bankruptcy counsel. An attorney fee only chapter 13 is a very real possibility. Feel free to contact me for a free consultation.

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  • How long can the mortgage company seek payment once the loan has defaulted?

    Home was awarded to ex-husband during the divorce. He failed to re-finance after the divorce and he defaulted on the laon. (I am still legally responsible by the bank) How long can the bank seek payment from me due to the foreclosure/default? Can...

    David’s Answer

    • Selected as best answer

    Before a court judgment is entered, they will have 5 years from the date of the last payment or written acknowledgement of indebtedness. That is the period of time for filing a lawsuit. After obtaining a judgment, they will have an unlimited time to collect, as long as they comply with the procedures for renewing their judgment. Collecting on a judgment can include procedures for levying bank accounts and other assets, and garnishing wages. A bankruptcy can be used to eliminate the liability. I strongly recommend that you speak with an attorney as the laws can be difficult for a lay person to understand.

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  • Facing 500.00 per month wage garnishment, do I have any options?

    A lawyer representing a hospital took me to court and stated my only option was to either pay 300.00 a month or they will garnish 500.00 a month from my pay checks. Trying to pay for college here and 300.00 a month is cutting my budget rather steep.

    David’s Answer

    I agree that bankruptcy is the obvious answer. Would depend on a number of other factors. Please feel free to contact me directly for a consultation to discuss whether it would make sense in your case. Happy to help.

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  • I had a title load with citifinancial using my old cadillac as colateral. I filed chapter 13 and agreed to give them the car.

    Because of the age and actual value of the car they didnt want it. So it sits in my driveway. Can I get the title back since there wasnt any payment agreement made for them in the chapter 13 or what. Citifinancial told me to apply for a lein avo...

    David’s Answer

    Technically you don't have legal grounds under the bankruptcy code for avoiding the lien. This is more of an equitable thing. If they won't repossess the car, you will be stuck with the taxes, etc. So, as the previous writer suggested, file a motion with the court to avoid the lien. Talk to your attorney about this issue. Since Citifinancial probably didn't file a proof of claim, or otherwise appear in your case, certain rules will apply about how you serve them notice (it will probably have to be the same way you would serve summons).

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  • When a parent is put in an assisted living unit, are the children responsible for outstanding debts?

    The parent only receives social security and has no other assests.

    David’s Answer

    You must agree to be bound in one form or another, or have a court order that you take responsibility for your parents. The law does not automatically impose liability for a parent upon a child. It can work in reverse and can also work between spouses under the doctrine of necessities.

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  • I was in a accident two years ago and still cannot pay off the debt because i had no insurance at the time. what can i do

    low income, three kids, and im a single mother in school, paying off 20,000 dollars or even coming up with the 1000.00 deposit is out the question

    David’s Answer

    A bankruptcy could work, but if you have no income, it may be premature. If you are judgment proof, it can often be a better choice to wait this out. Feel free to contact my office for a consultation to discuss your situation.

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  • Can Kansas garnish my SSI check for state taxes or take my checking account after it an automatic deposit?

    They took 100% of my husbands check Friday and we would be at the food bank if I didn't save stuff. We are waiting on word from his HR on how much the garnishment is supposed to be.

    David’s Answer

    They can certainly garnish payroll and levy bank accounts. SSI is very questionable as it is exempt under federal law. That exemption does not apply to the federal government itself. If you owe state taxes, you should seriously consider filing a chapter 13 case. Discuss your specific situation with an attorney. I would be happy to assist you if you call me, or I could provide you with a referral.

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  • If a repo man collected my FULL balance, before actually leaving with my car, can they still collect the $300+ legal fees?

    When the repo men arrived, with NO tow truck, I cooperated to the fullest extent and promptly resolved the issue, with a $908 payment to the finance company, $308 of which was the "repo fee". I feel ripped off, they did not have to search for my ...

    David’s Answer

    You should have seen what the fee would have been had they actually picked up the car. Storage fees, towing fees, paperwork, on and on. Yes, they will be entitled to a fee for having the repo man come out to the property.

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  • I have a home equity account that needs to be refinaced or paid off in july i have never missed a payment and I have paid

    i have paid my home isurance and my taxes the 18 years we have lived here my credit score is low because i had to stop paying on credit card to save my house the bank said they will not refinance and want me to pay the 24000 left i owe on my loan ...

    David’s Answer

    A chapter 13 bankruptcy could be an excellent way to "refinance" this loan. You could pay it off over 60 months at 4.75% interest. There are other factors to consider. I would be happy to discuss this with you or to refer you to an attorney closer by (I am in Wichita). Just let me know.

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  • What do i do about a lien release after bankruptcy?

    I have a car that had a lien on it when i filed bk. the lien holder did not answer the objection. How do I go about obtaining a lien release or do I even need one?

    David’s Answer

    You need to be clear about what you mean by "answer the objection." Did you successfully strip this lien? If so, get a certified copy of the order stripping the lien and send it to KDOR. They should accept the order as a substitute for a lien release. If you do not have such an order, than the lien is probably still valid.

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