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Linda Joy Copeland

Linda Copeland’s Answers

73 total


  • CAN BANK ADD A 10099 AFTER 12 YEARS

    I FILED BANKRUPSY 2000,NOW CAPITA BANK ATTACHED A 1099 TO IRS.THS CAR NOTE WAS IN THE CASE. CAN THIS BE DONE AFTER 12 YEARS.............

    Linda’s Answer

    A creditor will generally issue a 1099 at the time they write off the debt. Technically, they should write off the debt when you get your discharge.

    As Mr. Walton stated, you should contact a tax professional who can give you options for dealing with this. Be sure visit with a CPA rather than someone at one of the tax preparation mills.

    Good luck.

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  • Lenders bankrupcey

    if i was a lender in texas and had someones food machines and loaned them out while the debtor can i get fined

    Linda’s Answer

    It's difficult to understand if you are a money lender or something else. If you are in the business of leasing vending machines and have seized vending machines of someone in bankruptcy without prior bankruptcy court permission, the bankruptcy court can sanction you for interfering with the debtor's and/or trustee's rights.

    Please clarify your question a little better so you can get good help.

    Also, I suggest that you visit with a bankruptcy attorney in your area to explore what your rights are as a lender of your sort. Be sure to bring paper work with you to the meeting so the attorney can sort out what your duties are.

    Good luck.

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  • I owe a loan company and am behind they are calling and coming to my job, is that legal?

    i have no ther info

    Linda’s Answer

    There are rules about the method for debt collection by loan companies in Texas. You need to file a complaint with the Texas Attorney General Consumer Protection Division for a violation of these rules. Visit their website for the forms necessary to do this.

    If you have more than one of these loans - or other debts, please visit with an experienced bankruptcy attorney to review the best solution for your situation. Most bankruptcy attorneys offer a free or low cost initial consultation. Visit http://www.nacba.org/ for a referral to an attorney in your area.

    Good luck.

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  • Credit card collection

    I reside in Texas. The credit card debts came from Florida where I resided from 2000 to 05. At the time the business went under and my husband used the card to survived/ All the credit were notified that my husband would not be able to make pa...

    Linda’s Answer

    You need to visit with an experienced bankruptcy attorney in order to resolve this once and for all. It sounds like you really need some peace from the collection attempts. Visit http://www.nacba.org/ to get a referral to an experienced bankruptcy attorney in your area.

    The debt collectors get to make efforts to collect on the debt until you invoke your rights under the Fair Debt Collection Practices Act and demand that they cease contact with you. Your statement regarding inability to pay to the creditors or the debt collectors is not enough to make the debt go away. Unfortunately, if this worked many people who could pay would use this tactic.

    I wish you luck and peace.

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  • I cant pay my payday loan payment and if they send my check though it will be declined what do i do

    i live in texas and have been paying on this loan had to fefinance so my chech would not hit the bank since it is on off paydays so what do i do

    Linda’s Answer

    Payday lenders!!!

    Okay, I agree with the other attorneys that payday lenders are predatory. There are rules about how they can behave when you cannot pay them. In Texas the Attorney General's Consumer Protection Division overseas lenders who are not abiding by the rules. You can visit their website and get information for filing a complaint against the lender.

    In my experience, most people who have a payday loan don't have only one payday loan. It becomes such a trap that the borrower goes to the payday lender down the street to keep up with the renewal costs of the first payday loan, and then another payday lender to keep up with that.......and then it becomes the payday relay race.

    If you find yourself in that payday relay race, please visit with an experienced bankruptcy attorney in your area to find out about resolving your debt issues. You can go to http://www.nacba.org/ for an attorney referral in your area.

    Good luck.

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  • How do i retain an attorney for future use?

    How do you retain an attorney? Does it always take a money transaction? Whats are the proper steps?

    Linda’s Answer

    A bankruptcy attorney will generally meet with you for an initial consultation free of cost.

    That being said, you have not retained the attorney to represent you until you have a signed written agreement and have paid the minimum amount stated in the agreement to retain the services of the attorney. The amount required up front depends on the attorney and the complexity of your case.

    Before hiring someone, be sure to visit with them long enough to determine if you are comfortable with having them represent your issues.

    Good luck.

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  • E.E.O.C. case,can you sue a company in bankruptcy?

    Was told by legal collage this and could not find an att. for my case in the 90 day period but have 2 yrs to file ,right?

    Linda’s Answer

    I agree with Mr. Goldstein. You may be able to sue a company in a bankruptcy, but you must follow the bankruptcy laws when suing. If you do this incorrectly, you could wind up owing the company money for attorney fees for violating their rights under bankruptcy law.

    As stated by Mr. Goldstein, you should hire an employment law attorney who knows bankruptcy, or who is willing to collaborate with an experienced bankruptcy attorney.

    Good luck.

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  • I filed for bankrupty but my mortgage company did not file a claim, was my attorney suppose to follow up with them?

    My bankruptcy was dismissed leaving me with two years of past due mortgage payments, the money being held for the mortgage payment was disbur sed to the IRS. was my attorney responsible in making sure the money was disbursed correctly?

    Linda’s Answer

    The reason you only have one answer, is that your situation is very complicated.

    In a Chapter 13 there are many duties for many parties. The mortgage company has the first and foremost duty to file a claim for monies due to the mortgage co. when you file a Chapter 13 - especially if you are behind on payments when you file. Your attorney CAN file a claim, but the attorney must have reliable information on which to base the claim, since the claim is filed under the penalty of perjury. Your question doesn't give us enough information to know whether your attorney had enough reliable information in order to file an accurate claim. It's possible that you don't know the answer either.

    You are free to file a new case, which I would recommend you do. Make sure your attorney understands the history of the mortgage situation, and make sure your attorney has adequate information on which to base a claim filed by your attorney on behalf of the mortgage company.

    The good news is that in your new bankruptcy, the IRS claim will be substantially reduced based on the payment made by the trustee.

    Good luck.

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  • Is my homestead exempt in Texas from creditors when i die?

    I am not married i have two adult children with me the mortgage is paid dont have much money i believe ive read that the homestead exemption is passed down free of creditors claims if i have adult chidren living with me? I was sued for unsecured d...

    Linda’s Answer

    Depending on the size of your judgment, it may be worthwhile visiting with a bankruptcy attorney in your area to review all of your assets and debts for a determination if bankruptcy is advisable in your situation. Given that you have one debt that has become a judgment, it's likely that you have other debts as well.

    Bankruptcy law allows you to avoid the lien that has attached to your exempt property. When you emerge from bankruptcy, you will no longer have any obligations to the judgment creditor and their lien will be extinguished (so long as your attorney files a motion to avoid judgment lien).

    With all due respect to the other attorneys who have responded, I wouldn't take the chance that estate planning would accomplish your goals. You won't be around to do damage control if somehow the laws change. A bankruptcy will accomplish your goals by removing your liability to the judgment creditor and releasing your most valuable asset from the grips of the judgment creditor forever.

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  • I am considering filing Chapter 13 bankruptcy. I have been behind on my home mortgage. Do I need to worry about Sec 362(d)(2)?

    I intend to pay full amount I owe in the 5 year plan. There are no other creditors (secured or unsecured) except the mortgage company. Will they try to lift the stay using 362(d)(2) and what are they chances of that happening when I intend to pay...

    Linda’s Answer

    11 USC Sec. 362 should not be a problem for you if you maintain your regular monthly payments and propose a plan that catches up your missed payments.

    You mentioned that you were paying the entire mortgage through your case. The code section to worry about in this case is 11 USC Sec. 1322(b)(2). It's an antimodification provision for specific types of loans that is best dealt with by an experienced bankruptcy attorney.

    Please make sure you hire a competent Chapter 13 attorney to help you navigate the complicated issues that arise in a Chapter 13 case.

    Good luck in your case.

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