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Peter Walter Weston
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Peter Weston’s Answers

1,561 total


  • I earn a high income, can I file bankruptcy.

    I earn (gross) $292,000 per year. I have recently been hit with $300,000 medical bills, I have back taxes approximately $175,000. My mortgage is $3500 per month, plus I rent a $1300 per month house to allow me to live where I work (different sta...

    Peter’s Answer

    You can file bankruptcy with high income, the type of chapter and whether or not you should file, can be better reviewed by conferring with an experienced bankruptcy attorney. Many have no charge for an initial conference. All debts and all assets are reviewed.

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  • Roughly, how much will it run me to hire a Chapter 7 BR lawyer? And....

    Roughly, how much will it run me to hire a Chapter 7 BR lawyer? And could I use an attorney in Houston for debts acquired in California, Washington, and Texas? Or will I need to get separate attorneys for each state?

    Peter’s Answer

    If you have lived in Texas 6 months or more, it is likely you can address all your creditors, while living in Texas, by conferring with an experienced Texas bankruptcy attorney .

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  • Do you do bankruptcy service?

    i have huge medical bills and I don't have the money to pay them.

    Peter’s Answer

    Having large medical bills is a common reason to seek bankruptcy information, because if you qualify, you may receive a discharge of those bills, and a fresh financial start. To begin, confer with an experienced bankruptcy attorney, many including our office, provide an initial conference at no charge.

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  • If I file for Bankruptcy and am expecting a tax refund, will I have to give the refund up?

    Initially sued for CC debt and then was given advice to file for Bankruptcy, but am expecting a tax refund this season. Will I need to surrender that amount

    Peter’s Answer

    Whether or not you keep a tax refund usually depends on what exemptions your bankruptcy case is eligible for. More specific facts are needed to answer. You would be wise to confer with an experienced bankruptcy attorney to review your situation.

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  • I have student loans that are over 25 years old, can they be dismissed via bankruptcy?

    I got student loans about 25 years ago, and was going to file bankruptcy and was wondering if these could be dismissed too, I have been told they are not, but they are really really old.

    Peter’s Answer

    If student loans were treated like credit cards, being that old would likely be in your favor. However they are exempted from the statute of limitations if they are federally guaranteed. You would be wise to review this with an experienced attorney. My colleagues have outlined some alternatives. Present law makes discharge very difficult, but not impossible.

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  • Chapter 13 bankruptcy dismissed but not yet closed. Can a creditor foreclose now or must case be closed first?

    I do not believe any more background info is needed.

    Peter’s Answer

    Yes a creditor can foreclose, because you are no longer protected by the automatic stay

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  • I filed Chapter 7 in Colorado in 2007. Had a vehicle financed through a Credit union in Texas.

    The vehicle equity was used in a consolidation loan...the load was charged off in the Chapter 7. I paid the vehicle off and the Credit Union will not release the title...what options do I have. They want almost 7000.00 for an 02 dodge Durango with...

    Peter’s Answer

    Your facts show a loan charge off, with the vehicle being cross collateralized to the charged off loan, which means a credit union can demand all obligations be paid that were owed, not just payoff of the vehicle, before releasing their lien. The credit union retains the lien, and can take the vehicle and sell it, if it wishes. More information would be helpful to determine your options.

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  • We surrender our mortgage in chapter 13 bankruptcy here in San Antonio, Texas in 2008. We were discharged on 7/1/2013.

    Since this time the mortgage company have sent letters and phone calls asking for the unpaid balance due. We went back to the bankruptcy lawyer with this info; he submitted a letter to the mortgage company indicating we surrendered the home in ban...

    Peter’s Answer

    Since it appears you have advised the lender(s) of your discharge, you may wish to journal all collection contacts so that an adversary action can use these facts to support a discharge violation action, in the event you proceed in that direction, which adversary action also allows the recovery of your attorney fees involved.
    What will likely happen, is that an entity will seek foreclosure after which you would not be contacted for back taxes. The unsafe property condition letters should be forwarded to the lender(s) and you should contact those who send the letters, that you filed chapter and have surrendered the property to the lender(s). These contacts likely will continue until there is a foreclosure, and possibly afterwards. Opinions vary as to what, if any relief, is available for you, because this is a common problem, presently without a clear statutory answer. Perhaps if the tax authorities would proceed to foreclose, the calls will stop, and you could be proactive and request they foreclose.

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  • Do I need to hire a lawyer and what kind of lawyer?

    My ex filed Ch. 7 bankruptcy after we divorced in 2009. Everything was discharged in 2010. We had a house together. It was NOT reaffirmed. I am not sure if it's the mortgage company or the credit bureaus that are reporting incorrectly. When the ba...

    Peter’s Answer

    The facts you report show you were liable on a mortgage, and, that you did not file bankruptcy.
    It appears you do not need to hire a lawyer, unless it is for you to file bankruptcy now, to discharge the liability that remains on the mortgage.
    If the mortgage should be paid by refinancing, or by sale of the property to another, you could also be released from liability.

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  • How can I remove my name from my husbands student loan in our divorce?

    I want to make sure that I am not held responsible for the debts that he incurred during our marriage. With my name on the loan, I am afraid I will be responsible if he should not repay.

    Peter’s Answer

    If you agreed with a creditor to be responsible for a debt, in this case a student loan, you generally remain responsible for the debt to that creditor. Under current law, joy are jointly liable, unless the debt can be discharged in bankruptcy, or if the creditor settles and releases you, or forgives the debt. You may have a claim against the co debtor if he fails to pay.

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