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Peter Walter Weston
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Peter Weston’s Answers

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  • What can I do I mean over 10 years now 4000 dollars I have no other mailings or notifications. Do is need to get a lawyer .

    I got a phone call telling me somebody has filed a complaint against me. They gave me a phone number and a file number. I returned the call and was told about a bill from 2004 or 2005 for over 3hundred dollars from a phone company but now because ...

    Peter’s Answer

    Improper collection scams often threaten action, but are not likely to file litigation. You should journal all contacts, provide no payment information to the collector, and retain any documentation. You may have grounds for an action, although if this is a scam, there is little accountability, so perhaps a complaint can be made to the Texas attorney general, or the district attorney, with your proof of a pattern of wrongdoing. An experienced attorney can be of assistance.

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  • Will our bank be notified of the bankruptcy, and will they close our account? When could we use our bank once again?

    My husband and I filed a joint Chapter 7 bankruptcy. We have already had our 341 meeting, that went well. We own our home and two vehicles, and all of our personal property is fairly old, as we are in our 60's. We have one bank account, that ha...

    Peter’s Answer

    A better answer may be available from your bankruptcy counsel, who knows your case. Considering the facts you report, the Bank is not likely a listed creditor, so they do not receive a notice from the bankruptcy clerk. Since you also report the 341 meeting went well, it could be inferred that the trustee has or will file, a no asset report, which allows you to retain and use your listed property, which includes your account, and any funds in it. The Bank may receive notice from other sources, such as Dun & Bradstreet credit reporting, that you filed. You can use the account, until and unless the Bank has a policy of cancelling accounts of its customers, which is very unlikely with these facts, since you would be a better customer now, not having to deal with bills that have been discharged.

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  • Will a bankruptcy filing prevent utility disconnection

    If I file for chapter 13 bankruptcy, will that prevent my water and electricity from being disconnected

    Peter’s Answer

    If your purpose of filing is to keep utility service, you may be stepping into an unforgiving area of law. Yes, utilities must be continued if you file, although you could be required to place a reasonable deposit for continued service. If the bankruptcy ends, a deposit is likely required from any provider, to start new service. An experienced bankruptcy attorney should be retained before you file.

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  • $100,000 in student loans + 8% interest. Disabled child prevents me from working. Can these be discharged or interest stopped?

    When I went to school and took out these loans, I did not know my child's health condition would deteriorate to the point I could not work. Can I discharge these loans in bankruptcy or at least get the interest stopped? At 8% interest a year, I ...

    Peter’s Answer

    Your particular facts should be reviewed with an attorney who has experience in successfully discharging student loans. Recently a person discharged their loans after it was shown they became disabled and would be unable to work in the field they had received loans for. Even so, your facts may be one of first impression, meaning the particular issues will be closely looked at, and are not readily predictable.

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  • Can you convert a Chapter 11 Bankruptcy to a Chapter 13?

    The debt is eligible under either chapter. We had an attorney file as debtors in a chapter 11 but the cost of it has been very daunting and he has been unresponsive to the US Trustee. If we get new counsel, can they convert it to a 13? We aren't e...

    Peter’s Answer

    Yes, the debtors can request of the Court, or consent to conversion from ch 11 to ch 13, provided you are eligible to be in ch 13. You must meet the conditions for conversion, which your attorney can review. It is not an absolute right.

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  • I have a Texas title but a title loan in California , I have filed a chapter 13 how long do I have do get my car back

    I took a California title loan with a Texas title I have filed a chapter 13 bankruptcy in Texas how long do I have before I get my vehicle back???

    Peter’s Answer

    If you did not have possession of the vehicle upon filing chapter 13, more facts are required to answer. There is no set time, other than to return the vehicle to you. It could be immediately. Were you the legal owner upon the date of filing, or had the vehicle already been duly sold before filing? Where was the vehicle, where is it now, who has custody of it, and when were interested parties made aware of your filing? Does your Chapter 13 plan and your conduct provide adequate protection to the lender? The answer will also depend on the procedures and relief allowed by the bankruptcy court you are in. You should ask your attorney for their evaluation of the facts.

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  • How long does a debt have to exist before you can include it in a bankrutcy?

    I need to file bankrutpcy and was wondering if i could include Pay day loans? if so, how old do they have to be before they can be included?

    Peter’s Answer

    The debt must exist before filing. Extreme caution must be used if a bankruptcy is filed soon after a debt is incurred, because your conduct can violate other rules. You would be wise to consult with an experienced bankruptcy attorney, many offer an initial consultation without charge.

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  • Hello, I am needing legal advice concerning Bankruptcy in the State of Texas.

    I am newly divorced.

    Peter’s Answer

    There are numerous questions about your financial affairs, which should be considered in determining if a chapter filing could or should be made. Often filing chapter follows a divorce, although there are so many possibilities in your question, that a detailed analysis should first be made. You would benefit from conferring with an experienced bankruptcy attorney.. Many practitioners offer an initial consultation without charge.

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  • What can I do about a motion to dismiss Chapter 13 for abuse of system?

    I have had several BKs (7 2005, dismissed, 7 2008 dismissed, 7 2008 discharged and 13 2011 dismissed. The first two dismissals were because I filed myself and made mistakes. The 2011 dismissal was due to attorney errors. I have again filed recent...

    Peter’s Answer

    • Selected as best answer

    You must show your ability to comply with the bankruptcy code in the present filing, together with your intent to comply in good faith with all requirements. You have to convince the Court that your prior history of filed cases were also filed in good faith (for good reasons). For example, your present case should comply with all requirements, such as timely plan payments and timely required appearances and reports. You are in federal court, and strict good faith compliance is required with applicable rules, or your history of dismissals may show otherwise.

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  • What can I do?

    My brother borrowed $140,000 from me many years ago to pay back debt, however, he disappeared with the money and my house was foreclosed. I have made numerous attempts to approach him and be amicable but he will not listen and is rude and aggressi...

    Peter’s Answer

    The facts you have stated show this is likely not theft, because you voluntarily provided the money. More facts are required to determine if you can do anything, such as, when did this occur. What was agreed on, and, were the terms written down and signed by the parties? You are generally required to bring a legal action within a specified time period, pursuant to the statute of limitations, or the matter is barred from enforcement. You may have some other ways to offset this loss, with certain fact situations, and you would be wise to consult with an experienced attorney. You can lose your rights by delay or by doing nothing.

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