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Deborah F Bowinski

Deborah Bowinski’s Answers

1,449 total


  • How would the domestication of foreign debt apply in Colorado? The debt never went to court for judgment.

    I have a foreign medical debt in an EU country that my insurance at the time would not cover, claiming pre-existing conditions. It has been almost 3 years and the EU Country has sent it to collections, in which a debt collector has contacted me. I...

    Deborah’s Answer

    It is not cleat Ajay you are asking. It seems as though you are worrying in advance about something that may never happen. You say there is no judgment anywhere and merely email communication. It seems to me that you can continue to choosing with them or not. You can choose to pay the bill or not. If you do not pay them the matter is in their hands as far as trying to pursue you further. It seems unlikely that they will take any legal action in this country, but when and if thru do that would be the time to seek legal advice.

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  • Prior to my divorce my ex and I defaulted on a chapter 13 - and never converted it to a 7. Our separation agreement indemnified

    Prior to my divorce my ex and I filed chapter 13 - we defaulted before divorcing and it was dismissed . There was a judgement in the 13 (during marriage) for my husbands medical bills but in but our names. Now two years later the collection agen...

    Deborah’s Answer

    Are you asking about a possible new bankruptcy filing? If that is what you ate wondering, then the answer will depend upon the exact wording of your separation agreement and which type of bankruptcy case you choose to file. The judgment against both of you means that in the eyes of the creditor you are each responsible for the entire amount of the debt and the creditor can choose to collect from either of you until either the debt is paid in full or a bankruptcy case is filed.

    The issue of indemnification between you and your ex will be a matter of how the separation agreement was written and what was our was not specifically allocated to one or the other of you. Some indemnification obligations can be discharged in s chapter 13 bankruptcy, but not in a chapter 7 bankruptcy. The questions I think you are asking, though, are very fact sensitive. To get reliable and helpful answers you really need to take your papers and visit with a lawyer.

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  • Can we lose our house? We have enough equity in that house. She does not care for her credit score at this point. What can we do

    Collection Agency told me on 2/1/16 that my wife owes $34,000 for credit card bills. She has not been working for last 8 yrs. So she does not have money to pay back and she is also mentally challenged. So what is the worst thing that can happen? P...

    Deborah’s Answer

    This sounds like the same situation that was posted about yesterday. There is a difference between mentally ill and mentally challenged. If your wife was not competent in a legal sense when she applied for and used the credit card them she may have a defense to the claims of the creditor. HOWEVER, from what was played yesterday that seems unlikely.
    Without much more information, such as the amount of equity in your home, the size of your household, the amount of total debt, your annual income, etc. It is impossible to assess what your best portions will be.

    Your best bet mau be to schedule a consultation with a bankruptcy lawyer to stemming whether that path makes sense. Our, a consultation with a collections defense lawyer to see whether there are any grounds upon which your wife can fight the collection actions.

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  • Is bankruptcy an option considering we didn't keep a very good separation between personal and business?can we keep in business?

    Hello, I've got a small S-corp in Colorado that is struggling to be profitable. We run the business out of our house, and have not set up bylaws or a corporate shield. This past year we accrued almost 20k in debt to payroll taxes, workmans comp,...

    Deborah’s Answer

    It is possible that a personal bankruptcy could protect you from any personal guarantees that you may have made on your business debts, but before you can be properly advised you will have to do a little more in the way of business financial record keeping. If the business has any significant net value that could also be a deterrent to filing a personal bankruptcy since the stock of the business is a non-exempt (not protected) asset of yours.

    It sounds as though the first things you should do are to find a good, knowledgeable and reliable accountant and to consult with a business lawyer to help you get on the right track with the corporate formalities. Once that is under control then you can better evaluate financial viability.

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  • My question is why Capital one gave her a credit card knowing she did not have a job or she is mentally retarded? Can We sue Cap

    I just found that my wife owes $34,000 from Capital One. She took a master card from Capone in 2009. She did not work since the summer of 2008. Only exception is -she worked for a daycare for couple of months in 2012 or 2013. She still does not wo...

    Deborah’s Answer

    It doesn't sound as though there is anything or if the ordinary here. You would have to look at the original credit application to see what your wife put down as far as income goes, but if she led that would be her problem, not Capital One's error. Also, many credit applications ask for household income rather than just the income of the individual applicant.

    You don't say anything about the rest of your household finances -- if this account balance is unmanageable and if you also have other debts it might make sense to explore whether bankruptcy is a reasonable option.

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  • Is it to late to file the education hardship after the bankruptcy has been discharged. I contacted bankruptcy court Trustee and

    I filed bankruptcy and it as discharged. I did not do the education hardship during the bankruptcy process, and now my bankruptcy is discharged.

    Deborah’s Answer

    You should still be able to file a student loan adversary proceeding in your bankruptcy case however, be mindful of what that would involve. You would be looking at full blown litigation, and at least here in Colorado, you have a difficult road ahead of you. You must be able to prove through discovery, evidence, and testimony that not only are you unable to pay you're loans now, but that you have availed yourself if all possible administrative options regarding payment plans (especially if yor loans are federal ones), and that it is highly unlikely that your situation will change in the future such that you may be able to repay the loans at some point.

    It is incredibly difficult to litigate a student loan adversary. If you think you have gold reasons to pursue this you really should retain an attorney to represent you in this matter.

    An alternative might be to explore whether there are other options for you regarding the management of your student loan debt.

    Good luck.

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  • Can we claim bk to avoid paying any penalties even though the house not originally included? It happened during the bk.

    My wife and I filed a chapter 13 bk in 2010 it lasted 5 years we were discharged in Feb 2015 now 1 year later we are being sent an irs form that says we are liable for the forgiven debt of 258k is this possible? We signed a deed in lieu to surrend...

    Deborah’s Answer

    You really should contact your chapter 13 lawyer with this question. What did your chapter 13 plan provide with regard to your mortgage loan? If the plan cured a delinquency and stated that you would continue with regular monthly payments directly to the lender, and if your plan was never modified to surrender the property, then the mortgage debt was probably not discharged. If your plan made no specific provisions as to the mortgage at all then the debt may have been discharged.

    At any rate, you should speak with your bankruptcy lawyer and you should also consult an experienced and knowledgeable tax preparer. Even if the debt was not discharged you may be eligible to file a form with your taxes that would prevent it from being a taxable event for you.

    Good luck.

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  • What does it take to get a repossession off of my credit report/ what can I do if I think it was unjustly taken?

    I recently had a car repossessed without prior knowledge of my account being past due. I was told that I was contacted by phone, mail, and email, none of which I have backup for... I checked my phone records, had mail forwarded, etc. I was told I ...

    Deborah’s Answer

    If you believe your payments were current rather than delinquent then you must provide proof of payment to the lender. You should be able to get copies of cancelled checks from your bank to show when the payments were made. If the payments were never made, or if the checks never cleared your bank then you have a different situation.

    If you sent payment but it was never cashed, then you should stop payment on that/those checks and see if the lender will accept the late payments (with added late fees). If you never sent the payments, then you should have realized that something was amiss.

    It sounds as though you may have moved at some point. Did you provide your new address to the lender? Were you merely relying on the post office to forward your mail?

    When a loan goes into default most promissory notes provide that the lender can call the full amount of the loan due. That is why they are telling you that you must pay off the entire balance. In all honesty, if you cannot provide proof that payments were made and that you are actually current, then your best bet will be to try to pay enough to catch up what was missed and hope that the lender will reinstate the loan. It is quite likely that they would rather have your money than your car, so I am hopeful that you will be able to work things out with them.

    Good luck!

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  • What can I do, if anything, to get my good standing back and clear up all of this mess?

    My husband was getting ready to retire from the Army and as we didn't have a job lined up post Army we decided to seek out debt consolidation to try to protect us. That was started in May 2014 and we have been paying monthly installments ever sinc...

    Deborah’s Answer

    Mr. Harkess is absolutely correct. Debt settlement companies have a way of painting the rosiiest picture possible in order to get your business. They also tend to gloss over the potential (and very real) downside to their strategies.
    When you failed to respond to and defend the collection lawsuit the creditor obtained a default judgment against you for the money owed. Instead of waiting or negotiating a small lump sum payoff with the debt settlement company, the creditor choose to garnish you wages to collect their debt. If you have many delinquent accounts this can continue to happen.

    At this point it would probably be a wise choice to speak with a bankruptcy lawyer to explore that option. It might be the best thing you can do for yourselves.

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  • They refuse me acct detail, have charged well more then the loan amount, repo the car altho i paid off, can i sue them & a cost?

    I took out a loan to purchase an automobile. The loan term was 60 months, to be paid in full. I made payments faithfully and then 1/2 way thru the loan, right before the new buyers, FNB, purchased the bank, UCB, where I received the loan. I...

    Deborah’s Answer

    Are they saying they never got your payoff payment, or are these just insurance charges? If they don't have a record of your paid then you will have to get the bank to trace the cashiers check and provide copies of the canceled check to the lender showing when and where it was cashed and applied.

    As soon as you provide them with proof of insurance for the time in question the lender should back out all the force placed insurance premiums.

    As far as adding them, I'm not sure what you're claim would be. This should be correctable easily enough once you show your documentation.

    If they are still allow to release the title once they have all your proof then it is time to consult a consumer lawyer.

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