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Peter Walter Weston
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Peter Weston’s Answers

1,564 total


  • 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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  • Should I find another lawyer?

    I am filing Chapter 13. I went to the attorney's office and neither attorney was there as promised. I was met by an assistant that gave me a bunch of papers to fill out. She also quoted prices to me that were not what the attorney told me on the p...

    Peter’s Answer

    When you don't have a good feeling, you should search until you do. Since you have reached out without success for explanations, you should consider conferring with another qualified attorney, until you have confidence in the relationship. As my colleague has said, the next 3-5 years may not go well if the beginning is unhappy.

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  • Should I pursue a lawsuit against someone who has written the debt off in a bankruptcy?

    I filed a small claims suit against someone who later filed bankruptcy and listed me as a creditor before the suit was able to make it to court. The debt to me has been discharged. The court has notified me that there will still be a hearing regar...

    Peter’s Answer

    You are asking if to pursue the Small Claims action, because that Justice of the Peace court wants a hearing. That case may be simply be dismissed for want of prosecution. With the facts of your post, you are not to continue litigation, other than to notify the small claims court of the bankruptcy, or, if you wish for you to dismiss that legal action without prejudice to refile. The Justice court may be informal enough for you to just call their clerk to drop the case. To proceed in any other manner invites financial disaster to you.

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  • 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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  • 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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