Skip to main content
Patrick M. Hunter

Patrick Hunter’s Answers

45 total


  • Filing Chapter 7 Bankruptcy, I have a car with a loan attached that I would like to keep, how can I? See Details for my dilemma

    In 2006 I took out a auto loan and purchased a 1987 Porsche 928S4, the total loan was $13,050. In 2007 I defaulted due to losing my income. I couldn't pay and went through all collections proceedings until July 2009 when I entered in an agreement ...

    Patrick’s Answer

    Your dilemma, is that you want to keep the car and not pay for it. Sorry, the world, not even the bankruptcy world does not work that way. If you want to keep the car, you have to pay. That simple. Pay by way of redemption (pay to the creditor the market value of the car in cash), Pay by way of reaffirmation (negotiate a payment amount and terms as part of the reaffirmation agreement); or possibly just list the debt and keep making the payment hoping that the creditor will accept the payments and not repo the car (this is a risky option, noe not typically advised since 2006 change in the laws).

    See question 
  • Can I be charged interest by a Debt Collector for my hospital bill from 2005.

    I had a heart attack in 2005. I had 4 hospital bills to pay off. I made arrangements with the different hospitals and began payments. Three have been paid off in full. I have been making $50 payments monthly to the remaining hospital. They tu...

    Patrick’s Answer

    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 debts are not liquidated debts since, you have not agreed as to an amount that your would pay, but rather that you would pay a reasonable charge for the medical services rendered. Until the reasonableness of the charges are determined, no interest can be charged.

    I think you are correct to hesitate to pay the collection agency. You might tender payments with a note on the memo line that indicates that you dispute the amount of the debt. That could make it clear that you have no implied agreement.

    See question 
  • Was served over dept that not mine not ss not my name (middle)call the lawyer he ask for my last 4 didits said ok not you no nee

    lawyer went ahead file judgment knowing it was not me

    Patrick’s Answer

    I would contact the state bar association about this behavior. First you might want to write him a letter demanding that the Judgment get vacated. It is possible that this was just a slip up, and will get corrected quickly once it is brought to his attention.

    See question 
  • Can an employer hold emplotees tools for a back payment

    can a machanic hold an employees tolls for a shop bill

    Patrick’s Answer

    The answer to the question is no. The larger question not answered is, if he does, what can be done about it. Try to contact the local sheriff or police to do a civil stand by, while the owner of the tools goes to collect them. If that does not work, then a civil suit will need to be filed. Note: the tools are tools of the trade, and up to $4,000 or market value of tools are exempt and could not be taken.

    See question 
  • My brother has paid child support and his son does not want to see him. How can he not pay child support if this is the case?

    My brother has a 15 year old son that has stated that he does not want to see his dad. My brother pays child support and has tried to be a part of his sons life. What can my brother do so that he does not have to pay child support to a son that ...

    Patrick’s Answer

    The state of Wyoming makes a clear separation between the right to have visitation with your child and the obligation to support your child. Many fathers and mothers pay support for children they can not or do not see. If your brother wants to be a part of a child's life, then he needs to struggle for visitation and deal with the reasons that the child does not want to see him. This might require a counselor. If mom is encouraging the child to not visit Dad, such is a violation of the responsibilities of a custodial parent and can be cause to change custody.

    All of this being said - 15 year old children are difficult at best. Sometimes all one can do is love them.

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

    Landlord has not taken care of ANY issues that she verbally said she would. Now we have a severe issue with mice. Does landlord have to take care of exterminator fees? I have three small children and mice carry diseases, I believe this to be a sev...

    Patrick’s 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 demanding attention to the problem, and either advising that if it is not addressed, you will be moving and that she must return any deposit and refund any rent for the period of time that you will not reside there or that you will hire your own exterminator and deduct the cost from the rent. That should bring the issue to a head. If she still refuses to act or respond, I am guessing that you will need an attorney to get your deposit back. At that point it might be less expensive to hire your own exterminator and take it out of her rent. Be sure to document the problem, taking pictures, etc.

    See question 
  • Home being taking for nonpayment

    Cit wrote off loan and sent a 1099dc . A debt collector say know they can take my home. My income is SSI and small retirement. Can they take home or get judgment. the 1099dc was two years ago. they were takeing a small payment but stoped 4month ago

    Patrick’s Answer

    • Selected as best answer

    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.

    See question 
  • Can a felony warrant be issued for my arrest due to non-payment of a check issued for a payday loan from 2003 or before?

    I was recently contacted by a company by the name of Check Services, more specifically someone named Kathy Bronson and someone claiming to be 'Detective Joseph Parks. He was calling to inform me that I would have a warrant issued from my arrest in...

    Patrick’s Answer

    This sounds like a scam that I have seen several times before. A check issued on a payday loan is generally not considered to be a "check" since it is a post dated item. As such very few states will prosecute such items on a check fraud statute. The failure to provide phone numbers and addresses is almost always a sure sign that someone is trying to scam you. I would suggest that you contact your state's attorney general with the phone numbers and a description of the conduct. Impersonation of a police officer is a crime.

    See question 
  • I pay a monthly installment on a settlement, if I file for Chapter 13, can this be includled? A

    also, I have a garnishment for a repossessed vehicle. Can this be included in Chapter 13? How are payments calculated in Chap. 13, how long to they last? Will my name appear in the newspaper?

    Patrick’s Answer

    The settlement will actually have to be included in the Chapter 13 bankruptcy. It may be able to be treated as a general unsecured claim, in which it probably will get paid cents on the dollar , or it might have to be treated as a priority claim if it is in the nature of taxes or support. I have seen some judges who, as a result of an objection to confirmation, required 5 year plans as opposed to 3 years plans if there are debts that would not be discharged in a Chapter 7 as a good faith element (such as willful and wonton injury caused to another).

    The garnishment is not a problem, and as far as publicity, that depends on your local newspaper. Most do not publish this information, but it is publicly available and could be published.

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

    I had a bankruptcy (chapter 7) 8 years ago. I'm struggling with payments right now. Am I eligible for a second bankruptcy?

    Patrick’s Answer

    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.

    See question