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Patrick Begley

Patrick Begley’s Answers

451 total


  • Simple contract.

    Bob didn't pay rent and owes 10,000. John demands all or will file suit. Bob says all I can afford is 100 per month and deposits 100 in johns account since he has account details. There is no mutual agreement. And john continues demanding all 10,0...

    Patrick’s Answer

    The burden would be on Bob to prove that there was an agreement. Based on your facts, it doesn't sound like there was.

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  • A friend sold a small trailer for $500 then the buyer decided she did not want it and reQuested refund of money.

    A friend sold a small trailer for $500 then the buyer decided she did not want it and reQuested refund of money. Friend tried to refund in same form buyer made purchase. At same time Friend wanted signed notice of refund made but other party refus...

    Patrick’s Answer

    Was there any sort of written agreement?

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  • Dear friends, My sister is being taken to court for credit card debt.

    She is on Ssi and prone to seizures under stressful situations. Can she get out of appearing in court. The sheriffs dept said she could end up paying a fine if she didn't appear. Can she have her Ssi garnished?

    Patrick’s Answer

    I agree with the other answers and would just add that SSI can't be garnished for a credit card debt.

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  • Can an elderly person be taken to court for credit card debt living on SSI? Thanks. ossie

    My mother who is 91 has fallen behind on credit cards and most are in collection. she was keeping her payments up-to-date as I was helping her pay them (I am her daughter) but I lost my job in March. Can she be sued or taken to court trying to col...

    Patrick’s Answer

    Yes she can get sued; no creditors cannot collect SSI. To make things more clear, you should have your mother put all the SSI in one bank account, separate from ALL other sources of income so that it's clear to creditors that the money is SSI and is therefore exempt from being seized.

    It might be worthwhile for your mother to have a consultation with a bankruptcy attorney. Most offer free consultations. That might help alleviate some of your concerns.

    Best of luck!

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  • Is this document a binding contract

    My wife was trying to get preapproval for a loan for an automobile before going to look at it. The bank had her sign a Note Disclosure and Security Agreement. When we went to the dealer the cost was more than listed on the bank papers so the d...

    Patrick’s Answer

    The only thing that is going to determine whether or not you have a binding contract is what the bank contract actually says. It's impossible to tell you whether or not it's binding without looking at it. Best of luck!

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  • Under Chapter 7, what other option besides reaffirming the loan do I have to keep my house? I do not have the money to redeem

    it. There is a box that says other on official form 8 and tells you to explain? Can I just write in the box that I just want to keep making payments or do I need to write something else in more official? I do not want to lose my house. Thanks ...

    Patrick’s Answer

    On the statement of intent I would check reaffirm, that is not legally binding. A reaffirmation doesn't become effective until after the reaffirmation is filed with the court (which you would have to sign).

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  • Can I be arrested for not paying back a payday loan

    I have been contacted after 5 years that warrants will be issued for my arrest for a payday loan, will I go to jail

    Patrick’s Answer

    Most of the time it's just smoke. Sometimes smaller counties do prosecute these cases. However, I'm thinking if it's 5 years old it's probably outside the statute of limitations and you might have a FDCPA claim. Talk to a local consumer protection attorney.

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  • Post CH7 Discharge - can my check be cashed by a former creditor bank without any "setoff" penalty to me?

    I have recently received a check I need to cash that's drafted out of a bank I used to bank at. They were included as a creditor in the now already discharged CH7 bankruptcy. My accounts here were closed prior to BCY & discharge. I have no idea if...

    Patrick’s Answer

    Banks cannot satisfy pre-petition debts with post-petition funds.

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  • Does a ch. 7 bankruptcy trustee contact me when he disagrees with the value I listed for my home?

    During a phone hearing with the bankruptcy judge, to determine my eligibility for waiver of filing fee, the trustee told the judge that he disagrees with the value I listed for my house. According to Zillow, I have substantial equity but 3 broker...

    Patrick’s Answer

    If the Trustee disagrees with your valuation it will probably be set for a hearing where you can put on evidence that rebuts the Trustee's assertions. It goes without saying that you need to hire an attorney. Regardless, I wish you the best of luck!

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  • Is there a maximum Chapter 13 Payout Percentage? How is it determined whether it is 3, 4, or 5 years?

    If I give up my home that is upside down $100k+ and have $50k in unsecured debt and do a Chapter 13... If I have $1000 per month disposable now will I automatically get a 60 month plan? If I get a raise or a new job and clear a $...

    Patrick’s Answer

    The law in a Chapter 13 is that you either pay 100% of your unsecured creditors or 100% of your disposable income as determined by CMI and Schedules I and J. So in your basic scenario, yes the monthly payment would be $1,000/month. The determination of whether you have to do the 3 or 5 year plan depends on whether you are above median income for your household size. If you are above median income you have to be a 5 year plan. If you are below median, you can choose 3 or 5 years. I highly recommend getting a lawyer in that they might be able to get your payment lower. Best of luck!

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