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Jeffrey Reid Butler
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Jeffrey Butler’s Answers

123 total


  • Im a bankruptcy preparer and the trustee is coming after me should I hire an attorney?

    I never give legal advice and I always make sure my info is listed on all the ones I prepare I'm going to school to become an attorney and I am so scared right now I dont know what they are going to do to me please help

    Jeffrey’s Answer

    You need to call an attorney quickly. There can be various reasons why a trustee would be "coming after" you, including the unauthorized practice of law. Most attorneys will offer consultations. This is a serious matter.

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  • I voluntarily had my car repossessed six years ago.The California bank sent letters and people called me from different states.

    I sent some of the money but have not had stable employment for six years so I could not make a commitment monthly to a specific amount they requested. Different collection agencies have sent requests by mail for an ever increasing amount due to d...

    Jeffrey’s Answer

    You should probably talk with an attorney sooner than later. They have the right to enter a judgment against you for failing to pay the auto loan contract as agreed when you initially purchased your car. By making payments as you can, however, you may actually be doing yourself a disservice.

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  • Capital One is suing me for unpaid credit card debt. I am out of town. The court date is 7/2/13. How can I change date??

    I have a Civil Case/ collections case. Capital One is suing me for unpaid credit card debt. They filed an "amended notice of motion for judgement on the pleadings" and hearing is set for TUESDAY, July 2, 2013. I am out of town. Is there a form I ...

    Jeffrey’s Answer

    You may want to call the collection agency representing Capital One and ask for a continuance. They may just say "no", but it's worth a call.

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  • I want to save my Chapter 13 Bankruptcy. Can I still make payments if my Chapter 13 Bankruptcy has a motion to be dismissed?

    I'm 2 months behind on my payment plan. I was planning to make a payment on my bankruptcy today. I received a letter in the mail for a motion to dismiss my case. Should I wait on making my payment? Or can I still send it?

    Jeffrey’s Answer

    Plan on making your payment as soon as possible. You should call your bankruptcy attorney about filing a objection to the court's motion to dismiss your case. Your attorney may likely charge you for the motion; but the attorney may be able to submit a fee application that will help you avoid paying out of pocket for the objection. Either way, call your attorney quickly.

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  • Can I have 3 garnishments come out at the same time ;;gb

    3 different companies are garnishing my check at the same time

    Jeffrey’s Answer

    Typically one creditor garnishes a debtor's paycheck at a given time. You need to talk with an attorney soon to see if things are amiss. Most bankruptcy attorneys will offer you a free initial consultation. If the garnishments are being done incorrectly, you will have options to address the mistake.

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  • My old cell phone company is trying to charge my astronomical fees that are incorrect and threatening to take me to collections.

    The fees are incorrect and I need help in fighting this and it not showing up on my credit.

    Jeffrey’s Answer

    It's common for collection agencies to try to charge high interest rates on old bills. But the rates need to be correct. You will need to pay attention to any court hearings from this creditor so that the creditor does not get a default judgment. Many bankruptcy attorneys, like my office, offer free consultations. You may want to contact a lawyer to review the old cell phone company bill.

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  • Is there any way to extend a foreclosure sale date? I just need 2 more weeks.

    We have a sale date for next Monday which is 2 weeks before the first of the month. We were given 23 days notice and have only been able to find places willing to rent starting on the first of the month. Short of living in our car for 2 weeks is t...

    Jeffrey’s Answer

    With your foreclosure sale so close, you should call an attorney about options. One way to stop a foreclosure is by filing for bankruptcy protection. Many bankruptcy attorneys, like my officer, offer free initial consulations.

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  • Is it legal for a debt collection attorney to take all of the money out of my bank account?

    I have one judgment against me and was told by a second attorney representing another debt that they would probably go for one as well. This was over two months ago and I have not heard another word about it (no letters or phone calls). Yesterda...

    Jeffrey’s Answer

    A creditor can levy bank accounts of a debtor if the creditor gets a judgment against the debtor and then goes to court a second time to collect on that judgment. Often dectors fail to go to court and the creditor gets a default judgment. You should probably talk with a bankruptcy attorney about options to verify if this levy was done correctly and if you are at risk for an additional levy on the account.

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  • My home is set for a foreclosure sale date in 13 days. can i plead hardship to a judge in order to have time to find a new place

    we received notice of sale date 23 days before sale. i have 5 kids and very limited income as a single mother. can i speak to a judge and ask for more time in the house in order to find the money to move and a place to move to? how would i go abou...

    Jeffrey’s Answer

    I don't think you are going to have much luck talking with a judge at this time. When you purchased your house, you entered into a contract to pay a mortgage. If the lender is foreclosing, they will usually several months of non-payment before foreclosing. You may be better off meeting with a bankruptcy attorney who can give you options. Some bankruptcy attorneys offer free initial consultations. But you should try to meet with a few bankruptcy attorneys very soon.

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  • Our house has a set date for foreclosure. I can bring it current but have now discovered an IRS lien and others attached

    My husband (we are separated) neglected to pay the mortgage so we now have a sale date 20 days away. I found out 4 days ago when the sheriff showed up at the door. I can bring the house current but it will take every penny I have and I have since ...

    Jeffrey’s Answer

    You may want to talk with a bankruptcy attorney in St. George about Chapter 13 options, which may include an opportunity to lien strip the IRS lien if the 1st mortgage is upside-down on the property. It likely won't get rid of the tax liability but may create more options for you. The bankruptcy attorney should be able to explain the pros and cons of your various options.

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