John N Skiba’s Answers

John N Skiba

Mesa Debt Settlement Attorney.

Contributor Level 15
  1. I stopped paying timeshare.

    Answered over 4 years ago.

    1. John N Skiba
    2. David Leibowitz
    2 lawyer answers

    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.

  2. Selling properties

    Answered over 4 years ago.

    1. Matthew M Ellingson
    2. John N Skiba
    3. Theodore John Koban
    3 lawyer answers

    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.

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

    Answered over 4 years ago.

    1. Matthew M Ellingson
    2. John N Skiba
    3. Theodore John Koban
    3 lawyer answers

    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...

  4. Do I need an attorney for the foreclosure process?

    Answered over 4 years ago.

    1. John N Skiba
    1 lawyer 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.

  5. Can a judgement garnish my private disability payment__not IRS??

    Answered over 4 years ago.

    1. John N Skiba
    1 lawyer 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.

  6. Help for Modification of chapter 13 for Yuma AZ?

    Answered over 4 years ago.

    1. John N Skiba
    2. Stuart Michael Price
    2 lawyer answers

    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.

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

    Answered over 4 years ago.

    1. Lonnie K McDowell
    2. John N Skiba
    3. Jeffrey B. Lampert
    4. Theodore John Koban
    5. Dennise Louise Mccann
    5 lawyer answers

    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.

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

    Answered over 4 years ago.

    1. John N Skiba
    2. Thomas A McAvity
    3. Mitchell Paul Goldstein
    4 lawyer answers

    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.

  9. 80/20 --20 HELOC @time of purchase

    Answered over 4 years ago.

    1. John N Skiba
    1 lawyer answer

    In Arizona there is an anti-deficiency statute. This statute states that if you own a home that is on less than 2.5 acres, then if the property forecloses, that the bank cannot sue you for the rest. However, the catch to this is that the loans you took out must have been used to purchase the home. If, like in your situation, the loan was not "purchase money" or was cash taken out to pay bills or buy somethine else, then if your property forecloses they can sue you for the balance of what...

  10. Writ of Garnishment

    Answered over 4 years ago.

    1. John N Skiba
    1 lawyer answer

    You cannot have more than 25% of your wages garnished. Essentially, your creditors will have to wait their turn, however the child support will get priority over a credit card type debt. You ought to consult with an attorney about a Chapter 13 bankruptcy. In a chapter 13 bankruptcy you will be able to eliminate most of your credit card debt and set up a payment plan for any missed child support payments.

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