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John N Skiba
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John Skiba’s Answers

91 total


  • Midland Funding is suing me for an old credit card debt, but still within SOL.

    Within 20 days of being served with the complaint (9/15), I filed my answer and counterclaim with the court. However, the attorney for Midland is avoiding service. I attempted service via constable with no success. I was told to file a motion for ...

    John’s Answer

    In Arizona you do not need to serve the counterclaim, just mail it to their lawyer. I am on Phoenix and handle Midland Funding cases. I would be happy to discuss your options. These cases are very winnable.

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  • Filing requirements after the 341 meeting

    I have filed CH 7 Pro se and attended the 341 meeting.The trustee did not request any further documentation. Aside from postpetition financial management counseling certification, are there any other documents or motions I must file?

    John’s Answer

    • Selected as best answer

    As you stated, other than the financial management course certificate there are no other filings necessary unless requested by the court or trustee.

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  • I filed a chapter7 BK in '09. I just received a collection letter from an agency but the bill was included in the BK. Do I reply

    Do I reply and if so what info do I send?

    John’s Answer

    I am assuming that you received a discharge in your chapter 7 bankruptcy case. If so then the debt was likely discharged or eliminated. You should send a written response to the collection letter explaining that you filed for bankruptcy and received a discharge. If you have a copy of the discharge order make a copy and send it to the creditor. If not, make sure to include your case number and the date you filed for bankruptcy and the date when you received your discharge.

    If the creditor continues to try and collect on the debt after you have sent this letter you should contact an attorney who handles bankruptcy cases and they may be able to pursue this creditor for violating the dicharge order.

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  • What to do if, repeated attempt to contact our bankruptcy attorney failed and still no response from their office.

    Since 2008 we file chp 13 till today, we made several attempt to contact our lawyer. In late Nov last yr, we finally have a name who our lawyer. We have no access to his personal contact nor his email. We made request from the paralegal to have ou...

    John’s Answer

    Contact the state bar and they will walk you through the process. I would also look into terminating the lawyer and looking for new counsel.

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  • I filed chapter 7 Bk ,and have my 1 st mortgage reaffirmed the second was not reaffirmed but was sold to another lender after it

    was discharge thru Bk . Now the new 2nd morgager threaten to lien the property. Can they do that ? even though it already been discharge

    John’s Answer

    While the money you owe on your second mortgage was discharged in your Chapter 7 bankruptcy case, the lien that the bank has on your home was not eliminated in the chapter 7 bankruptcy process.

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  • Is it permissible to take out a 401K loan after filing Chpt 7 BK but before discharge?

    I am in AZ and want to take the loan to redeem a vehicle I own. Thanks!

    John’s Answer

    You shouldn't have any trouble with this in Arizona.

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  • The anti deficience law does not apply to raw land in AZ so what are some other options if you cannot continue paying the loan?

    We own 2 one acre lots in Arizona and from what I understand we do not fall under the anti defiency law because it is raw land. However, we are not financially able to pay on the loan anymore and would like to know if there are any options out th...

    John’s Answer

    I would recommend speaking with an attorney about a chapter 13 bankruptcy. Your home is likely protected by the Arizona homestead exemption, which protects up to $150,000 in equity in your home (most homes in Arizona have nowhere near that close). In a chapter 13 bankruptcy you are going to be able to get caught up on missed payments on the land or surrender them and have no future liabilty.

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  • I stopped paying timeshare.

    I stopped paying our timeshare becuase I have other bills to pay that are more important than our timeshare. What will happen now?

    John’s Answer

    You will likely lose the time share and may have additional financial liabiltiy afterword. A chapter 7 or chapter 13 bankruptcy can permit you to surrender the timeshare and have no future liabiltiy.

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  • Selling properties

    i need to file for bankruptcy, but i have family i need to repay.can i sell my motorcycle its paid for free and clear. and how long after sale do i need to wait befor filling

    John’s Answer

    I would not recommend your course of action. Any type of repayment of a family member within a year prior to filing is going to come under scrutiny and possible reversed. The way the transaction is reversed is by the trustee suing your family member, which makes family reunions very difficult. You need to consult with any attorney prior to taking any action.

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  • What is my best option for elimination of a judgment of $18,000.00.

    I am unemployed, facing foreclosure on my home and there is "no light at the end of the tunnel" in sight. I really am reluctant to file bankruptcy for the small amount of the judgment. Additionally, I really do not want to face garnishment of my...

    John’s Answer

    I understand your reluctance to file bankruptcy, however, as I often tell my clients, it is difficult to evaluate how much is "enough" to file bankruptcy on. For some clients, they may owe $200,000 in credit card and could likely pay it off over time, other clients who owe $10,000 might as well owe $10 million because they don't have sufficient income to pay any amount back. You should consult with a bankruptcy attorney and look into a Chapter 7 filing. It would be a bad situation for you to gain employment only to be hit with a garnishment from day one.

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