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Paula Brown Sinclair

Paula Sinclair’s Answers

8,018 total


  • Chapter 13 questions.

    I am thinking about chapter 13. What kind of test do you have to take. What is it like when you have to go to court, do they ask questions. How is ch 13 payments calculated? When is ch 13 first payment due, can I pay 2-3 months ahead so I will n...

    Paula’s Answer

    The "test" is credit counseling to determine whether debt repayment without bankruptcy is possible. When you "go to court," typically the first and only time, you are appearing for a hearing over which your trustee (not the judge) presides, and you should be prepared to answer questions about the petition and supporting documents you have filed. Calculating a Chapter 13 payment is complicated, and takes into account the debtor's income, expenses, non-exempt assets, and more. Paying ahead is a risky strategy, tempting the trustee to move to raise the payment.

    Most importantly, if you haven't already figured this out: you are way over your head. No bankruptcy, and especially a Chapter 13, is a reasonable DIY project, and the failure rate for debtors who proceed without experienced counsel it very high. Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • What can I do about a motion to dismiss Chapter 13 for abuse of system?

    I have had several BKs (7 2005, dismissed, 7 2008 dismissed, 7 2008 discharged and 13 2011 dismissed. The first two dismissals were because I filed myself and made mistakes. The 2011 dismissal was due to attorney errors. I have again filed recent...

    Paula’s Answer

    Start by retaining really adept bankruptcy counsel. There is much work for your attorney on this issue, and this will be over the heads of beginners and hobbyists.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Qualify for a chapter 7?

    I am in a pay day loan cycle that I can't get out of. This month 1200 will come out of my direct deposit on the 1st or 2nd. I am a single mom and get sporadic child support every 4-5 months but not much. I have over 10 grand in credit card bill...

    Paula’s Answer

    It is not the size of debt that "qualifies" a debtor to file under Chapter 7; it is the size of the debtor's income.

    Before wasting any more time on a public forum like this, where we can only provide general information about the law and legal procedure, consult with a local experienced bankruptcy practitioner. It takes a flesh-and-blood attorney to gather the facts and do the analysis to determine whether a Chapter 7 will meet your needs. In the meantime, stopping automatic withdrawals from your bank account may be wise. You wouldn't want your bankruptcy trustee to enforce a preference claim against the payday loan creditor and be forced to actually administer your bankruptcy estate.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Are loans from debt consolidation companies like Prosper, Lending Club and Avant considered secured or unsecured debts?

    If I can no longer pay them. what recourse can they take legally?

    Paula’s Answer

    Debts are secured if collateral was pledged to secure payment of the note. Whether your debts are secured or not depends on what you signed. Review your documents, or retain counsel to do so, to know with certainty what recourse your creditors can take.

    You have tagged this question "bankruptcy," so beware that bankruptcy is a DIY project only for fools. Your question indicates clearly that you are ill-prepared to navigate bankruptcy law and procedure, which is complicated and full of opportunities for costly self-inflicted injury. And, in Chapter 7 there is no "do over" when you found out how badly you've screwed up.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Creditor threatening judgment

    I am a retired NC state employee. I'm living off of my retirement check. My husband passed away suddenly. I'm now receiving his S'S check as well as a small VA widows benefit check. I have enrolled in a debt relief program with a company called Fr...

    Paula’s Answer

    You describe bankruptcy as "not an option at my age," but it is experienced bankruptcy counsel who can gather the needed facts and perform the proper analysis to help you make the wisest choice. It is very possible that you are "collection-proof," meaning that you have nothing a judgment creditor can take therefore able to ignore existing unsecured debt without the protection of a bankruptcy discharge. While we can provide general information about the law and legal procedure on this public forum, it is ill-suited to provide advice in specific cases. Without delay, contact local experienced bankruptcy counsel. Many will provide an initial consultation at no-charge/no-obligation.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • My soon to be ex wife will not let me see my children what are my rights?

    She filed for a divorce and found a new man who wants to step in and take my place as a dad

    Paula’s Answer

    You are participating in this divorce, yes? And you have wisely retained counsel to insure your rights are respected. If not, do so immediately, This public forum can provide general information about the law and legal procedure, but it is ill-suited to advising strategy in a specific case. We can say that either party can file a motion for temporary custody orders. How successful that will be in your case is something to discuss with your flesh-and-blood attorney.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Does a power of attorney take presidence over trustee when a person passes away?

    what has more power the trustee of an estate or the power of attorney?

    Paula’s Answer

    A power of attorney expires upon the death of the principal, and the agent has no further power. After death management of the decedent's estate is carried out by the Personal Representative (sometimes still called "Executor") or the trustee of an existing trust.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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