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John N Skiba
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John Skiba’s Answers

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  • If I don't get chapter 7 bankruptcy approval, am i forced into chapter 13?

    The title says it all. I am at the border of chapter 7 and hoping to qualify but already on a debt management program which is basically what chapter 13 would provide (close to in payments)

    John’s Answer

    If you make too much money, you will be required to convert to a Chapter 13 case. If that happens, I would strongly recommend consulting with an attorney on your Chapter 13 case as it has many benefits over a debt management program and generally you will pay much less through a Chapter 13 case as opposed to debt settlement.

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  • Can a Debt Collector have you arrested for non-payment if you are unemployed and have no income?

    A Debt Collection Agency's Attorney is threating to have my son arrested for non-payment if he has been making payments but recently lost his job and has no income. He informend the Agency, however, they still attempted to withdraw payment from hi...

    John’s Answer

    No, there are no "debtor's prisons" any more, and in fact, for them to state that they would have him arrested is a violation of the Fair Debt Collection Practices Act. You should find a local attorney that handles FDCPA claims and get the case evalulated.

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  • 80/20 --20 HELOC @time of purchase

    I have an 80 /20 loan, and the 20% was a HELOC that we got at the time of the home purchase; it has a deed of trust that states it goes by the governing law where the property is located...question is...if I default on it and the property foreclos...

    John’s 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 is owed on the HELOC. They can go after any non-exempt assets. You should consult with attorney to discuss possible settlement options and to determine which of your assets are exempt.

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  • Writ of Garnishment

    I just got a Writ of Garnishment from my work on a credit card I have been trying to settle with. They told me they are going to take out 25% of my gross. My ex just served me with child support. Can they still take 25% out with the child support ?

    John’s 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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  • Can I make him pay some credit debts that we accumulated when we got married ?

    The debets were done over eight years ago we used my credit to cover our trip to Vegas to get married and to survive on later on

    John’s Answer

    I am going to need more information. Has your ex-spouse filed for bankruptcy? If so, do you know what chapter (7 or 13)? These answers will allow you to get a more helpful response to your question.

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  • If I have a friend who has declared bankruptcy and has her mail sent to my house, are there any legal ramification on me?

    A friend of mine just declared bankruptcy. I've allowed her to use my address for bills and such while she is between house. Is there anything that could happen to me legally?

    John’s Answer

    There are no ramications for you, but your friend needs to be aware that the bankruptcy communicates through the mail, so it is vital that your friend have an address on file with the bankruptcy court where they are able to get mail in a timely manner.

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  • If a suit was dismissed with prejudice for me, Is the other person allowed to put a levy on my bank accounts?Despiretly waitin

    My name was taken completely off of the file in this case and today I saw my accounts. They wiped me out. Is this legal?

    John’s Answer

    If no judgment has been entered against you, then they should not be able to levy your accounts. If you were dismissed from the suit, you need to object to the garnishment. The funds likely have not actually been transmitted to the creditor, but the bank is holding them pending any objection from you. Contact an attorney.

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  • Does cashing out my 401k affect my chapter 7 bankruptcy?

    I know it isnt recommended but really need the money and I don't want to take out a loan. I recently got discharged for my chapter 7 bankruptcy and would like to cash out my 401k would that have any affect later on reagrding my bankruptcy?

    John’s Answer

    The safest route to go is to hold off until your case is closed. However, I am of the opinion that these funds are not property of your bankruptcy estate.

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  • I was granted a modification loan @ my the bank? How do I stop the bankruptcy after the modification?

    My bank approved a loan modification, and the other debt was included with the Ch.13 but after all of the monies deducted every two weeks from my check, the other balance does not amount to what they are still deducting out of my check! How do I ...

    John’s Answer

    • Selected as best answer

    If you no longer want to continue with your Chapter 13 case, then you need to file a motion to dismiss. Generally you have an absolute right to voluntarily dismiss your Chapter 13 case.

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  • If the 30-day response time has passed, is it too late to negotiate a Settlement Agreement?

    I was served divorce papers by my wife and at first I did not want to respond. Now that the 30-day response time has passed, I have decided that a divorce is the right thing to do and I want to cooperate with her to negotiate a Settlement Agreeme...

    John’s Answer

    This question needs to be reposted in the section for family law.

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