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John N Skiba
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John Skiba’s Answers

91 total


  • Do I need an attorney for the foreclosure process?

    I did an 80/20 to purchase my condo, the second being a heloc. All monies were used to purchase the condo. The bank has both notes. They are foreclosing on the 1st by non-judicial trustee sale. How do I handle the heloc? Is this where I need an a...

    John’s Answer

    I am of the opinion that you should always at least have a consultation with an attorney to discuss your specific situation. It appears that the Anti-Deficiency statute would cover your property, but you should have someone review the documents.

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  • Can a judgement garnish my private disability payment__not IRS??

    I have a debtor from the past who has gotten a judgement against me. I live on SSD and a private disability policy. I live in AZ. Can they garnish my private disability payment??

    John’s Answer

    The creditor will not be able to garnish your SSD. However, they may be able to garnish your private disabilty policy. A bankruptcy may be a good option if the debt is significant as you will be able to discharge it through the bankruptcy case.

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  • Help for Modification of chapter 13 for Yuma AZ?

    Where can I find information on filing a modification of chapter 13 for Yuma AZ?

    John’s Answer

    If you are represented by an attorney you need to contact them to help you with any modifications. If not, I would highly recommend contact an attorney . Successfully navigating a Chapter 13 on your is very difficult and often unsuccessful.

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  • What do we do now, Our bank account was frozen by a court ordered levy?

    our joint bank account was frozen, from a debt collection agency for state back taxes my husband owes, we had just paid out some bills that are now coming back as insuffcient funds. what can we do?

    John’s Answer

    You will need to contat the government agency and set up a payment plan. Only then will then will the account be released.

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  • If a car is reposessed & the primary owner files bankruptcy will the co-owner get discharged from this, as well?

    I purchased a car as the primary & my now, ex was the co-owner. He lost his job & it was hard for me to maintain the payments. Car was eventually repossed. He does not care anything about his credit, but I am trying to clear mine up to start fresh...

    John’s Answer

    I agree with the above answer. Just because you file for bankruptcy does not mean a co-debtor, like your ex-spouse, will be relieved of any of the debt.

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  • My wages are being garnished by an ex HOA, can I request a hearing on the grounds that I am the only one working in my household

    We filed bankruptcy in March of 2009 and our house was foreclosed in the same month, my bankruptcy attorney did not inform me that we were still responsible for the HOA fees, now the HOA has a judgement against us and have filed a writ of garnishm...

    John’s Answer

    In Arizona, the most they can take from your wages is 25% each pay check. You should request a hearing and ask the judge to lower it. Most judges will lower it to 15% if you file an answer and let the judge know it will create a hardship.

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  • Credit card judgement hearing vs. Discovercard

    trial date was set for jan 2011, but their l+yer got a judgement hearing for oct 2010 . I want to work something out with them, but need a little more time...

    John’s Answer

    You should contact the attorney directly to see if there is a settlement that can be reached. It is almost always better to come to a settlement than go through with a trial.

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  • I have a debt from a land lord tenant judgement that they sold to a collection agency.

    The judgement was filed against me for 4012. It went to a collection agency and the reality company no longer has anything to do with it. I made and offer to the collection agency for 1500 and a pay for delte of all records from my credit report...

    John’s Answer

    You will either need to increase your settlement offer or look into a Chapter 7 bankruptcy. A Chapter 7 bankruptcy will rid you of this debt completely.

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  • Can i discharge a credit card judgement with attorneys fees in chapter 7?

    advanta got a judgement in utah i live in arizona. can i discharge this plus attorneys fees in chpt 7 bankruptcy?

    John’s Answer

    Yes, you can discharge the judgment as well as any attorney's fees, interest, costs, etc. in a Chapter 7 bankruptcy. I would recommend contacting an attorney to make sure a Chapter 7 is the appropriate case for your situation.

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  • How do you determine the "fair market value(less liens and encumbrances) on a home in AZ for a declaration of Homestead?

    My mortgage is approx $83k, the homes current value is about 135k and the homestead for Arizona is 150k. I am filing a declaration of Homestead to protect against a credit card judgment of $18k. The form states: "I select and designate this...

    John’s Answer

    In your situation you have approximately $52,000 in equity in your home. Thus, for your purposes above, your value would be $52,000, which is fully protected because the homestead exemption in Arizona is up to $150,000 in equity.

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