Joy Kathleen Munden's Answers

Is my husband responsible for a medical bill that he just received last week .....from 2 years ago, and the mother had full ins.

This isn't really a debt collection issue, but rather would depend upon the provisions of your husband's divorce decree. Take a look at the decree and see if there is some limitation on the time period for submitting medical bills to him. If there is no time limit, your husband may be able to work out a payment plan directly with the medical provider.

Can a debt collection agency sue me for my husbands debt?

No, you cannot be sued for this debt, since you did not enter into the original agreement with the creditor. In some states, you could be liable if the account had been used by you or on your behalf, but it does not sound as though that happened. If this debt is as old as you say, it is likely that the statute of limitations has expired, and even your husband could not be sued for the debt. You should contact an attorney in your area who specializes in consumer law, since it sounds as though...

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One of our children on a property we own has outstanding debts. Can a lien be put on the property? We own and pay mortgage.

Yes, it is a legitimate concern, and you should speak with your lawyer about how to protect your property. The easiest thing would be for your child to relinquish his interest in the property, but an attorney should handle that to be sure it is done properly.

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What equity in $ must I have to qualify a stay on my primary home foreclosure for a Chap 13? And if it isn't my primary home?

Talk to your lawyer! If you have a foreclosure pending in the next few days and you have a lawyer, you should be discussing all these things with your lawyer immediately. Only a bankruptcy lawyer who is familiar with New York state law concerning homesteads and knows your personal situation completely can answer these questions properly. This isn't the time to consider arguing with your mortgage company about equity. Those issues can be addressed within your bankruptcy case. The important thing...

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A collection agency has file a law suit against me on a debt that i own chase bank. What option do i have in terms of bankruptcy

I would suggest you speak to an experienced bankruptcy attorney immediately. Bankruptcy can be a very good option to avoid collection activities and lawsuits by creditors, but only an attorney who has analyzed your individual situation will be able to advise you whether or not it is the best option in your case. Since there is a lawsuit pending, it is important that you speak to someone soon. Good luck.

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I let a friend use my credit card to get his company off the ground; there is now 77.000 in debt and it is past due...

If this is solely your credit card and you authorized your friend to use it, you are absolutely liable for the entire amount of the charges, plus interest. For a debt this large, you can certainly expect to be sued by the credit card company, and they will probably obtain a judgment and be able to place a lien against any or all of your property. If you have non-exempt property, such as bank accounts, non-homestead real estate, etc., they could seize that property. I highly suggest that you...

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I am unemployed and cannot pay my credit card bills. can credit card companies go after my house and/or checking account?

A creditor cannot take money out of your bank account without getting a court order allowing them to do so. Before they can get such a court order, they must sue you and obtain a judgment. If debt collectors are telling you that they can take money out of your bank account or take your house away from you, they are probably violating the Fair Debt Collection Practices Act. You can learn about your rights and options under the FDCPA by visting the Federal Trade Commission website at www.ftc.gov.

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Can you get a bankruptcy off your public record?

No, there is no way to remove the Chapter 13 case from the public record. It can be reported on your credit reports for 10 years from the date of filing, but will remain in the public record permanently.

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Should I file for bankruptcy and if so which kind?

You need to talk to an experienced bankruptcy attorney. Generally, student loans are not dischargeable in bankruptcy, and any money you have should be going toward paying those loans, not to paying credit card and medical debt. A bankruptcy filing will generally discharge unsecured debts such as credit cards and medical bills. A bankruptcy case will stay on your credit report for up to 10 years, but over time, it will have less and less effect on your credit score and your ability to borrow...

Can and should spouse and I file for bankruptcy? If so, what kind and how long does the process take?

You need to consult with a bankruptcy attorney. It certainly sounds as though you would qualify for a Chapter 7 case, which lasts for about six months from the time the case is filed until the time you receive your final discharge. However, only an experienced lawyer who knows the details of your situation can advise you as to whether a Chapter 7 or a Chapter 13 case would be your best option, Good luck.