Patrick M. Hunter’s Answers

Patrick M. Hunter

Casper Chapter 7 Bankruptcy Attorney.

Contributor Level 9
  1. Can I be charged interest by a Debt Collector for my hospital bill from 2005.

    Answered about 2 years ago.

    1. Patrick M. Hunter
    2. Dorothy G Bunce
    3. Eric Jerome Gold
    3 lawyer answers

    The right to interest will depend on two things. First, whether there was an agreement to pay interest. You will need to look at the admission documents and any documents concerning the agreement to accept payments. You can demand such documents from the collection agency. If the documents do not discuss interest, then state law may provide for interest. That might depend on whether the amo0unt due was liquidated or not, ie if it were subject to an exact calculation. Many medical...

    4 lawyers agreed with this answer

  2. How to stop debt collector..

    Answered about 2 years ago.

    1. Adam Brooks Arnold
    2. Kevin Kennedy Gipson
    3. Kathryn Ursula Tokarska
    4. William Joseph Kopp Jr.
    5. Patrick M. Hunter
    5 lawyer answers

    Very seldom do I run into debt collectors that so willfully violate an automatic stay, however recently, I have seen some who blatantly violate the stay until they get sued in Bankruptcy Court. Unfortunately, enforcing the sanctions from these outfits is almost impossible,l since they appear to be pretty fly by night outfits. This may be such a situation, and the best remedy is to change a phone number. Not a very satisfying answer.

    4 lawyers agreed with this answer

  3. Home being taking for nonpayment

    Answered about 2 years ago.

    1. Patrick M. Hunter
    2. Michael Lawrence Fine
    3. Stephen M Trezza
    3 lawyer answers

    If Citi, sent a 1099 debt forgiveness, it is confusing how such debt is under collection. Something about this situation does not fit. You should probably talk to a local attorney about your situation. Your social security is exempt and retirement are likely exempt (if it is exempt it can not be touched by a creditor). Depending on the equity in your home it may also be exempt. But if a 1099 was issued the debt was forgiven, and should not be in collection.

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  4. I have personal debt from 5-8 years ago. If I file personal bankruptcy, is the LLC I'm a member of protected from that mess?

    Answered over 4 years ago.

    1. Patrick M. Hunter
    2. Marc Gregory Wagman
    2 lawyer answers

    Your ownership of the LLC will become property of the bankruptcy estate if you file a Chapter 7 bankruptcy. Thus a trustee will look into whether the LLC could be liquidated for cash or your interest in the LLC sold for cash. If the answer is yes, then the trustee will likely try to turn your ownership into cash. If not, then the trustee will abandon the interest in the LLC and it probably will not be affected much by your filing bankruptcy. Long term, the ability of the LLC to borrow...

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  5. I'm struggling with payments right now. Am I eligible for a second bankruptcy?

    Answered about 2 years ago.

    1. Deborah F Bowinski
    2. Alan James Brinkmeier
    3. Timothy S. Kingcade
    4. Patrick M. Hunter
    5. Syed Mansoor Khan
    5 lawyer answers

    If a full 8 years have passed since the filing date of a previous Chapter 7 case in which you received a discharge; or 6 years from a previous Chapter 13 was filed then you can file. I would encourage you look at the reasons why you are facing a second bankruptcy within 8 years, and try to make positive changes so that you will not need to file again. Sometimes it is unavoidable, sometimes we cause our own problems.

    3 lawyers agreed with this answer

  6. Can an attorney collect fees for pre-petition work in a Chapter 11 Bankruptcy

    Answered about 2 years ago.

    1. Patrick M. Hunter
    2. Kevin Christopher McGee
    3. Alan D. Walton
    3 lawyer answers

    An attorney can and should collect fees for pre-petition work in a Chapter 11, although they will need to account for such fees, and probably ought to have such fees approved by the Bankruptcy Court.

    3 lawyers agreed with this answer

  7. I already filing for bankruptcy chapter 7. after 341 meeting, I received more bills .

    Answered about 2 years ago.

    1. Dorothy G Bunce
    2. Marc Gregory Wagman
    3. Alan D. Walton
    4. Patrick M. Hunter
    5. William Joseph Kopp Jr.
    6. ···
    7 lawyer answers

    As a previous attorney indicated, the debts will still be discharged IF the trustee collects no assets and a deadline to file claims has not been set. However, many creditors are under the mistaken impression that if the debt was not listed, the debt is not discharged, and will continue to press their claims. If you wait until the case is closed to do something, then you must reopen the case which costs attorney fees, and send a notice, then wait, then close the case; a much more expensive...

    3 lawyers agreed with this answer

  8. Chapter 13 refund

    Answered about 2 years ago.

    1. Joshua Jonathan Tejes
    2. Rex Edward Russo
    3. William Joseph Kopp Jr.
    4. Patrick M. Hunter
    5. Alan D. Walton
    6. ···
    6 lawyer answers

    Assuming the attorney has taken his fee, he should have sent the balance of the funds to you at the same time. You should demand immediate payment of the funds and copy the bar association with your letter. If the attorney does not pay the funds promptly after that, then you may want to ask the Bar Association to look into the matter. The funds should be held in a trust account, and unless the attorney claims a lien on the funds, turned over to you promptly upon demand.

    3 lawyers agreed with this answer

  9. Can I sell my car at fair market value before filing Chapter 7 bankruptcy?

    Answered over 4 years ago.

    1. Blaise E. Picchi
    2. Craig Dennison Robins
    3. Michael Hal Schwartz
    4. Patrick M. Hunter
    4 lawyer answers

    I agree with Mr. Picchi. The provision of the bankruptcy code that we are dealing with is section 548 of the bankruptcy code. This allows a bankruptcy trustee to undo (or avoid) a transaction where property is transferred for less than a fair payment. Even if a payment is not equal to the value of the property that was sold, the trustee can only undo the transaction. Thus if your relative had not paid a fair price for the vehicle, the trustee may be able to recover the vehicle, but would be...

    2 lawyers agreed with this answer

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  10. I have been in my house 8 months. We have a severe issue with mice. Does landlord need to take care of exterminator fees?

    Answered about 2 years ago.

    1. Patrick M. Hunter
    1 lawyer answer

    The law generally requires the landlord to provide a habitable property, otherwise it allows the tenant to move from the property without consequence. The law does not force the landlord to do the extermination, but probably allows you to move if the landlord does not perform the extermination. The key will be: Does the mice infestation make the apartment uninhabitable, or unable to be reasonably lived in without risk to health or safety. You should write a letter to the landlord...

    1 person marked this answer as helpful