David Prelle Eron’s Answers

David Prelle Eron

Wichita Bankruptcy Attorney.

Contributor Level 12
  1. Can you get a divorce to qualify for chapter 7?

    Answered over 2 years ago.

    1. Shannon E Wynn
    2. Tom Arany
    3. Dorothy G Bunce
    4. Steven Anderson Leahy
    5. Eric Charles Lewis
    6. ···
    6 lawyer answers

    I strongly suspect that your calculator is wrong. The bankruptcy code requires you to include all funds contributed to your household expenses by any third party as your income. As a result, living together as divorced persons may not produce the effects you think they will. I would be happy to provide you with an office consultation to determine what might best work for your situation. Making decisions without the informed advice of competent counsel is a very bad idea. I would also...

    6 lawyers agreed with this answer

  2. Medical debt - bankruptcy - not married but filed taxes jointly

    Answered about 2 years ago.

    1. David Prelle Eron
    2. Curtis Lamar Harrington Jr
    2 lawyer answers

    I would support Curtis' answer and add that you should also consider statutes of limitations. In Kansas, the limitations periods for contracts are three years for an oral contract and five years for a written contract. There are some additional caveats for "accounts stated." However, it may be that you are already off the hook due to the lapse of time. More pragmatically, if your husband did not list you as a spouse when he was admitted to the hospital, the companies holding the debt may...

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  3. After a divorce, do I have rights concerning joint accounts if my name is on the loan?

    Answered almost 2 years ago.

    1. David Prelle Eron
    2. Mitchell Paul Goldstein
    2 lawyer answers

    You may be able to have the divorce court order your husband to attempt a refinance. However, you have no legal recourse as to the lender. You agreed to be obligated when you signed the loan paperwork and your subsequent estrangement from the co-debtor does not impact the rights of the lender. Your only recourse in that regard is a) file bankruptcy, or b) enter into some sort of accord and satisfaction with the lender where they agree to release you from the loan in exchange for some pay...

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  4. Bankruptcy and inheritance within the 180 days after filing.....

    Answered over 3 years ago.

    1. David Prelle Eron
    2. Marc Gregory Wagman
    3. Mitchell Paul Goldstein
    3 lawyer answers

    1) The insurance proceeds are indeed property of the bankruptcy estate. However, they are exempt (only the insurance proceeds, not any inheritance), meaning that you get to keep them. 2) No. 3) N/A. 4) N/A. Your chapter 7 trustee obtains all rights you have to the inheritance. It is no longer yours to claim or disclaim. All that being said, you need to speak with your attorney about these questions. S/he is your personal legal representative. If you are not happy with that relationship, you...

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

    Answered over 1 year ago.

    1. David Prelle Eron
    2. Robert A. Stumpf
    3. Terry Lee Lawson Jr.
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  6. Can a University obtain a court order for a Perkins Loan (KS) without notifying the "Defendant" of any legal matter whatsoever?

    Answered over 2 years ago.

    1. David Prelle Eron
    2. Theodore Lyons Araujo
    3. Mitchell Paul Goldstein
    3 lawyer answers

    Kansas does allow you to contest the garnishment. The instructions are located on the form. Upon your objection, they will need to prove that you were served with summons. If you were not properly served, the entire action is void. However, a lot of times people in your position just throw mail away without looking at it, either thinking it is junk mail or not wanting to open another collections letter. Kansas does allow service of summons by mail. You should have an attorney help you...

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  7. Judgement filed against me

    Answered almost 4 years ago.

    1. David Prelle Eron
    2. Donald Jack Davis
    2 lawyer answers

    Well, a payment plan is a good idea, but get it in writing. Make sure they agree not to garnish. Otherwise, they will have you show up at a hearing in aid of execution where they will scrutinize all of your property. If you have any non-exempt assets, they can liquidate those. They may also attempt to garnish your bank accounts. So, be careful. I suggest speaking with an attorney about this issue. If you work out a payment plan, pay $100 to a lawyer just to look it over and make sure you...

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  8. If you pass the Means Test, but have Social Security and Self-Employment Income.

    Answered about 4 years ago.

    1. David Prelle Eron
    2. Mitchell Paul Goldstein
    2 lawyer answers

    I'm not positive what you are asking. However, if you are asking whether to include SS income on Schedule I, the answer is yes. Self-employment income must be reported on the Statement of Financial Affairs, Schedule I, and the Means Test. Hope that helps. I do not recommend filing bankruptcy alone. This is a very complicated area. Please consider consulting with an attorney.

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

    Answered over 1 year ago.

    1. David Prelle Eron
    2. Steven Anderson Leahy
    2 lawyer answers

    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...

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  10. In responding with an answers/defenses, are they required to be two separate sections or can they be combined in defenses.

    Answered over 2 years ago.

    1. David Prelle Eron
    2. Eric Charles Lewis
    3. Mitchell Paul Goldstein
    3 lawyer answers

    Affirmative defenses must be included in your answer. Such defenses are in addition to the denials or admissions made in the answer. The easiest way to think of affirmative defenses are effectively, "Even if everything you said is true, you still lose because of ....." Pleadings can be tricky, and I do not recommend that you do this alone. My only advice to you is to retain counsel.

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