Krystal M. Ahart’s Answers

Krystal M. Ahart

Phoenix Chapter 7 Bankruptcy Attorney.

Contributor Level 4
  1. Portfolio Recovery Associates,LLC. is bringing me to court for $870.87. Will the State of Arizona persue me if I cannot appear?

    Answered almost 2 years ago.

    1. Krystal M. Ahart
    2. Gregory Howard Wiley
    3. Stephen M Trezza
    4. Robert Jeremy Nahoum
    4 lawyer answers

    I surmise what you really need to do is file an Answer, not physically appear. I would recommend contacting the creditor's attorney to see if they would take a payment plan ($10 per month or whatever is appropriate under your circumstances). If you do not file an answer and they get a default judgment, they may garnish your bank account or your wages (if employed) without much notice to you. If you are on social security, I recommend keeping those SS funds in a segregated savings account &...

    4 lawyers agreed with this answer

  2. I was not served with papers to appear in court.now a loan co. is garnishing my wages .can they do that ?

    Answered almost 2 years ago.

    1. Alan Holcomb
    2. Stephen M Trezza
    3. Krystal M. Ahart
    4. Robert Jeremy Nahoum
    4 lawyer answers

    The records can be reviewed at 620 West Jackson in downtown phoenix. You can also get a little bit of information online (for SUPERIOR Court cases): http://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/Index.asp (or if the paperwork indicates it is filed in a JUSTICE Court: http://www.superiorcourt.maricopa.gov/docket/JusticeCourtCases/). Click on "Case History" and plug in the case number or your name. As stated above, you can be "served" by publication, i.e. in a newspaper/...

    4 lawyers agreed with this answer

  3. One of my creditors named in my chapter 7 is debiting money out of my account how can stop them.

    Answered over 1 year ago.

    1. Dorothy G Bunce
    2. Krystal M. Ahart
    3. Alex Salmu
    4. Robert Michael Fox
    4 lawyer answers

    I would only add that, if you have to communicate with the creditor yourself, be sure to tell them that they have violated the Automatic Stay of Bankruptcy (11 U.S.C. Section 362) and demand that 1) the funds taken after the bankruptcy be returned; and 2) that no further funds be taken. I would recommend making this demand both over the phone and in writing, by certified mail, return receipt requested.

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  4. I am being summoned for an auto loan debt. Is it possible that my other creditors (of old debts) will start suing me too?

    Answered over 1 year ago.

    1. Scott L Greeves
    2. Rixon Charles Rafter III
    3. Krystal M. Ahart
    3 lawyer answers

    Most debts based upon contract will survive for six years, so if the old debts are within that six year time frame, it is possible for them to sue you at any time. It would be wise to consult with a bankruptcy attorney to discuss the possibility before a bankruptcy filing becomes a necessity due to multiple lawsuits, so you know what that option is all about.

    1 lawyer agreed with this answer

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  5. Is it adviseable to change attorneys in the middle of a case, if your attorney seems he may not be your best representation?

    Answered almost 2 years ago.

    1. Diane L Drain
    2. Krystal M. Ahart
    3. Peter Walter Weston
    4. Stephen M Trezza
    4 lawyer answers

    It is typically difficult and often quite costly to change attorneys in the middle of a bankruptcy (because the new attorney must get acquainted with your circumstances and what has gone on thus far in the case. I absolutely agree that competent counsel is an absolute must for individuals in bankruptcy, especially where there is a business in the debtor's recent history. Also, the trustee does essentially work on commission: they get a percentage of the funds they distribute to creditors....

    1 lawyer agreed with this answer

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  6. What about the tax refund for 2012 after filing chapter 13 ? Can i still receive my tax refund even if i file chapter 13?

    Answered almost 2 years ago.

    1. Diane L Drain
    2. William W. Fife III
    3. Krystal M. Ahart
    4. Evan A Nielsen
    5. Deborah F Bowinski
    5 lawyer answers

    I would add that you are required to file your tax returns timely while the Chapter 13 is pending, and also to promptly provide copies of the returns to the Chapter 13 Trustee. I would expect the Trustee to require tax refunds (especially large ones) be turned over for the benefit of creditors. It would be wise to analyze income, expenses, and tax contributions throughout the year in an attempt to "break-even" when you file your tax returns; your accountant should be able to assist you...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. I am going to court against a debt collector in AZ and they are contending that not producing a

    Answered almost 2 years ago.

    1. Michael J Corbin
    2. Krystal M. Ahart
    3. Stephen M Trezza
    3 lawyer answers

    Technically, each time you use the card you are agreeing to repay the debt.

    1 lawyer agreed with this answer

  8. How long can a civil Judgement be enforced in the State of Arizona

    Answered almost 2 years ago.

    1. Alan Holcomb
    2. Stephen M Trezza
    3. Krystal M. Ahart
    3 lawyer answers

    I agree with the other answers and add only that the timing is very important. Be sure to contact an attorney who can help you with the renewal sooner rather than later.

    1 lawyer agreed with this answer

  9. What is the process for abandonment of property in a chapter 7 case

    Answered almost 2 years ago.

    1. Diane L Drain
    2. Dorothy G Bunce
    3. Matthew Erik Johnson
    4. Derek R. Caldwell
    5. Krystal M. Ahart
    5 lawyer answers

    In my experience (in Arizona), the Trustee's Notice of Intent to Abandon provides creditors and parties in interest 21 days to object to the abandonment. I don't believe the Court will enter an Order, however. The last Notice I received read as follows: If there is no timely written objection and request for hearing filed, no hearing will be held and the property deemed abandoned without a court order having been entered. I wish to reiterate the other lawyers' comments about the...

    1 lawyer agreed with this answer

  10. My Attorney want respond to my e-mail I sent him on Tuesday March 12, 2013 regarding issues I have about the Amended Complaint.

    Answered over 1 year ago.

    1. Robert Shannon Carpenter
    2. Krystal M. Ahart
    3. David B Pittman
    3 lawyer answers

    If an in person meeting is ineffective (or he won't agree to meet), consider contacting the State Bar of Georgia to discuss the attorney's behavior and your options. Good luck to you!

    2 lawyers agreed with this answer

    1 person marked this answer as helpful