John N Skiba’s Answers

John N Skiba

Mesa Debt Settlement Attorney.

Contributor Level 14
  1. Is there anything I can do? We put our house up for a short sale, it wasnt accepted and the bank foreclosed.

    Answered about 4 years ago.

    1. John N Skiba
    1 lawyer answer

    If your personal property was destroyed or taken out of the home, you may have a claim against the bank for conversion (essentially a civil theft) of your property. You should contact an attorney further to discuss your options.

  2. How does chapter 13 affect receiving social security benefits?

    Answered about 4 years ago.

    1. John N Skiba
    2. Andrew Daniel Myers
    3. Mitchell Paul Goldstein
    3 lawyer answers

    Since you are in a Chapter 13 case, I am sure you understand that you are required to make a monthly payment to the trustee, who in turn distributes this money to your creditors. Chapter 13 requires that you have some source of income, which leads to the question of how have you been able to continue on with your monthly payment to the trustee with no income? Regardless, while the court will not garnish you social security, it may actually help you stay in your Chapter 13 case. Your social...

  3. Can i garnish a spouses wages in arizona if i have a small claims judgement?

    Answered about 4 years ago.

    1. John N Skiba
    2. Dean David Paolucci
    2 lawyer answers

    They key to answering your questions is knowing that Arizona is a community property state. In community property states, generally, if one spouse incurrs debt that benefits the marital community, the spouse that is not a party to the contract can still be held liable. In your situation much will depend on who you actually sued. A standard practice in Arizona is to sue the person who was a direct party to the contract and then a "John Doe" or "Jane Doe" for the unnamed spouse. If you have a...

  4. What happens if I have stopped paying my credit card bills and I do not have a social security?

    Answered about 4 years ago.

    1. John N Skiba
    2. Richard E Weltman
    3. Gerald Gregory Lutkenhaus
    3 lawyer answers

    From your question it is unclear whether you are stating that you do not have a Social Security card, as in you lost your card, or whether you are stating that you do not have a Social Security number. If you do not have a Social Security card that can be easily remedied by going to the local social security office and requesting a new card. They will provide you with a receipt and send you the card in the mail. It is important that you ask them to print your actual social security number on...

  5. We filed ch 13, the 341 hearing was in Oct. No determination from trustee, what are we to do? Is this "normal"?

    Answered about 4 years ago.

    1. Mitchell Paul Goldstein
    2. John N Skiba
    3. Donald Jack Davis
    3 lawyer answers

    After the 341 Meeting of Creditors, typically the next step is that you and your attorney will receive a Trustee's Recommendation. This document will contain recommendations from the trustee or items that need to be addressed before your Chapter 13 plan can be confirmed. While most Chapter 13 debtors receive this recommendation within two months of the 341 meeting, some trustees are very back logged and I have had cases were filed around the time yours was that I have not received a...

  6. Condo is up for a short sale but I'm considering filing for bankruptcy in two months, should I go through with the short sale?

    Answered almost 5 years ago.

    1. John N Skiba
    1 lawyer answer

    I have many clients in this same situation. My answer is always that there really is no downside to trying to short sale the property rather than just letting it go to foreclosure. If you fail at short selling the property, then it will simply foreclose. I am finding that even after the bankruptcy case has been filed that the judges are signing off on short sales as a matter of course as there is no money coming back to the home owner.

  7. 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

    Answered over 3 years ago.

    1. Charles Ross Smith III
    2. Dorothy G Bunce
    3. John N Skiba
    4. Theodore Lyons Araujo
    4 lawyer answers

    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.

    1 person marked this answer as helpful

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

    Answered about 4 years ago.

    1. Lawrence Charles Kroll
    2. John N Skiba
    3. Peter Robert Stone
    3 lawyer answers

    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.

    1 person marked this answer as helpful

  9. Can a creditor attempt to collect debt after filing Chapter 7?

    Answered about 4 years ago.

    1. Stephen Clark Harkess
    2. Andrew Daniel Myers
    3. John N Skiba
    4. Paul Stephen Johnson
    4 lawyer answers

    With few execeptions, your debts are dischared once you receive the Chapter 7 discharge order from the court. One of the exceptions is for HOA fees that are incurred on a home that you live in after you file for bankruptcy. For instance, if you owed $1,000 in HOA fees, filed for bankruptcy, but continued to live in the home, the $1,000 in HOA fees incurred prior to filing bankruptcy would be discharged, while an future HOA fees you incurred after filing would not be discharged. You ought...

    1 person marked this answer as helpful

  10. What happens in Chapter 13 if my future income increases?

    Answered about 4 years ago.

    1. Mitchell Paul Goldstein
    2. Theodore Lyons Araujo
    3. John N Skiba
    3 lawyer answers

    Chapter 13 trustees will generally require that you provide a copy of your tax return each year that you are in your Chapter 13 case. Further, if you are self employed, they may require additional documentation on a monthly basis to monitor income. If you income goes up, and thus your monthly disposable income goes up, the trustee can require you to modify your Chapter 13 plan to account for it. In Arizona, if the increase in income is not significant it is unlikely that the trustee will...

    1 person marked this answer as helpful