John F Porter’s Answers

John F Porter

Troy Bankruptcy Attorney.

Contributor Level 6
  1. While in chapter 13 can I request my mortgage company a discovery or loan history itemize?

    Answered about 2 years ago.

    1. Robert M. Gardner Jr.
    2. John F Porter
    3. Glen Edward Ashman
    4. Michael S. Marr
    5. Alan D. Walton
    5 lawyer answers

    You need to file an objection to the claim. The mortgage company then has to prove the amounts claimed before the court. You need a lawyer on this, I you retained one to file the 13, talk to him, if not, hire one.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My ex filed a bk and it was dishcarged. She included the mortgage we had together. Is she still responsible for the mortgage?

    Answered about 1 year ago.

    1. John F Porter
    2. Matthew Thomas Majeski
    3. Brenda Stacey
    4. Catherine Earnshaw-Hobbs
    4 lawyer answers

    Unless she reaffirmed the debt, which I doubt given the circumstances you describe, the debt is discharged as to her. I don't think the bank has to remove her name from the note but it is barred by the discharge from any collection activity whatsoever. It would be a good move by the bank to remove her name to avoid mistakes in the future which could subject the bank to penalties.

    4 lawyers agreed with this answer

  3. Can a woman drop charges against the man if she wishes to do so?

    Answered over 1 year ago.

    1. John F Porter
    2. Harry Edward Hudson Jr
    3. Macy Michelle Jaggers
    3 lawyer answers

    Once formal charges are filed against you, the State is the Plaintiff as represented by the Prosecuting Attorney. The lady is only a witness at that point, an important witness, but still only a witness. Often a Prosecutor will dismiss if the lady asks or refuses to testify, but it is the prosecutors decision to make, not the ladys' decision.

    4 lawyers agreed with this answer

  4. I'm a CA Landlord. I filed Ch 7 BK & included my tenants security deposit. My BK was discharged. Must I still return deposit?

    Answered almost 2 years ago.

    1. Kathryn Ursula Tokarska
    2. John F Porter
    3. Manuel Alzamora Juarez
    3 lawyer answers

    The money was held in trust, otherwise it would have been considered an asset which the trustee could have taken. The tenants moving out is a post-filing event which triggers the lease agreement requirement for an accounting for damages and unpaid rent, if you have such a written agreement, and refund of the balance. Regardless of whether you have a written lease or not, state landlord tenant laws have to be abided by. I am assuming by your question that you still have the rental property and...

    4 lawyers agreed with this answer

  5. Bankruptcy. Discharging taxes in chapter 7 bankruptcy. Don't understand the significance of tax lien. I don't own anything.

    Answered almost 2 years ago.

    1. John F Porter
    2. Dana Whitney Atchley
    3. Alan D. Walton
    3 lawyer answers

    If you filed the tax returns and the taxes are more than three years old they can be discharged BUT if a tax lien has been filed, that is not discharged and the lien is not just on real property but also on ALL your personal property as well. So, if you have a tax lien, you are still going to have to deal with the IRS. If you truly have few assets and limited income future, you may get a decent compromise settlement with the IRS, but you need skilled representation to assist you.

    4 lawyers agreed with this answer

  6. I called into my car loan company on 2-15-12 and authorized a payment from my debit card to pay off the loan for $1100 and recei

    Answered about 2 years ago.

    1. John F Porter
    2. Peyman Dadmehr
    2 lawyer answers

    You state that you have the title. Have you taken it to DMV to be reissued without any lien-holder on it? If not I would do that right away. The PIF letter with release and the fact that you have the title in your possession is enough. Check with the bank to see if the $1,100.00 was ever drawn out. If not, the company may still have a claim for the payment but would have no security interest in the vehicle, so no repossession.

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  7. Should you report the bad personal conduct of a physician to their place of work if incident did not occur on their premises?

    Answered over 1 year ago.

    1. Christine C McCall
    2. Judy A. Goldstein
    3. Shawn Michael Haggerty
    4. Jayson Lutzky
    5. John F Porter
    5 lawyer answers

    Not only do I agree with the other lawyers, but this is not a native peoples law question. Native peoples law questions relate to tribal law and to its interaction with federal and state law.

    3 lawyers agreed with this answer

  8. I wrote an incident report, never got handcuffed, fingerprinted, or had to serve any type of time. I was 14. Will that show up?

    Answered over 1 year ago.

    1. John F Porter
    1 lawyer answer

    From your brief description of what happened, it sounds like the police investigated by never charged you with a crime. A mere investigation will not show up on any records. If there was a juvenile charge, that record would be sealed and it would take very special circumstances to get a court to unseal them. It looks like this was handled informally just based on what you reported.

    1 lawyer agreed with this answer

  9. Is it possible for me to be found guilty in a misdea. traffic violation when i was told that the story is my word against his?

    Answered about 2 years ago.

    1. John F Porter
    1 lawyer answer

    Yes, it is possible. The deciding factor is who appears to be more credible to the court or to a jury if it is a jury trial. the state has a high burden of proof, that being "beyond a reasonable doubt" so any evidence or witnesses supporting your version of the facts should be used. Enter a plea of not guilty and a pre-trial conference will be set. At this conference is your chance to discuss the case frankly with the prosecutor to try to wok something out. What is said there will not be...

    1 lawyer agreed with this answer

  10. If I tell the lender, that I' am. Not able to repay loan right can they keep calling my job

    Answered almost 2 years ago.

    1. John F Porter
    1 lawyer answer

    This sounds like the tactics that scam artists use. Is this a debt you recognize ? If so, it sounds like some violations of the Fair Debt Collections Act may have occurred. Talk to an attorney about the possibility of going after the collection agency for sanctions. If it is a phony debt, talk to the local prosecutor.

    2 lawyers agreed with this answer