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Harold E Campbell III
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Harold Campbell’s Answers

33 total

  • If I file for bankruptcy now, will my tax refund for this year I received (and already spent) have to be paid to a trustee?

    I received a tax refund over what I can claim for AZ exemptions.

    Harold’s Answer

    Your 2014 refund is safe. However, a pro rata portions of your 2015 tax refund could be taken, depending on who your trustee is. For example, if you file 9-1, the year is two-thirds over and the trustee could keep two-thirds of your refund. The later in the year you file, the more likely it is that this will happen. If you live in Flagstaff, there is only one trustee and he will most definitely take the pro rata share. How to best handle this is something an experienced bankruptcy attorney can go over with you in your initial consultation.

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  • If I'm suing a company owner who also is the owner of two vehicles and a house and he files for bankruptcy what happens?

    Will I get nothing? If I am still entitled to receiving monies from the company owner, will he be forced to pay the amount I am awarded, will monies be garnished from his company?

    Harold’s Answer

    Although this is a factually intensive question you have asked, the answer, from Trevor Pederson, gives you the most comprehensive overview. The key will be who is filing bankruptcy (the individual or the company) and who owes you the money (the individual or the company). You should consult an attorney in this matter. The amount owed will also be important, because if the amount is small, it is probably not cost effective to hire an attorney or pay a consultation fee here.

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  • Is it legal for the Creditor to take all my money from income Tax + Salary aside from paying them 15% garnishment evry payday?

    ,The Creditor (Hammeroff Law Group) is been getting 15% of my Salary every payday as Garnishment, now all of a sudden w/o any notice, they took all our money (My Tax return income + Salary) including my wife's savings from our Bank, the bank said ...

    Harold’s Answer

    Unfortunately, the creditor is not limited to just garnishing your wages. It can continue to do the bank garnishments. This is not a continuing garnishment like your wage garnishment. It must do a new garnishment every time and it only gets whatever money is in the bank that day over $600 (if you are married). This sounds like a situation where you should consult with an experienced bankruptcy attorney to look at your bankruptcy options, as a bankruptcy will stop all this garnishment nonsense immediately.

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  • If I file bankruptcy before I am served in a lawsuit, is the lawsuit considered invalid?

    Would the lawsuit be considered invalid if I haven't been served yet and I file bankruptcy?

    Harold’s Answer

    • Selected as best answer

    The filing of a bankruptcy after a lawsuit is filed would discharge the debt so it could never be collected on. It does not make the lawsuit disappear, but the bankruptcy will make sure the lawsuit is not going to affect your re-establishment of credit after bankruptcy. You should consult with an experienced bankruptcy attorney about this matter to see if the filing of a bankruptcy is a good option for dealing with this lawsuit.

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  • Bankruptcy

    I want to file bankruptcy but I am currently getting garnish for a car that was repo my brother cosigned for me if I do file bankruptcy will they go after my brother. I'm currently making my payments to an attorney.

    Harold’s Answer

    I am disappointed your attorney is not answering this for you. This is what you are paying him for. If the creditor has a judgment against your brother (just like they have against you, hence the garnishment), they will be able to go after him. However, they must sue him and obtain a judgment first.

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  • Should I notify creditors that I am filing for bankruptcy?

    I am in the process of getting my financials together to file bankruptcy, and expect to file in about 4 weeks. I had a bank levy performed for a debtor judgement on an unsecured debt while prepping. Is it to my advantage to notify credi...

    Harold’s Answer

    This is something that is very fact specific to you situation. Although it is sometimes helpful, it can also be harmful as it may trigger an immediate repossession. You should discuss this with your attorney who can advise you of the best course of action.

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  • How do I locate creditors and debtor judgments?

    I am in the process of filing a chapter 7 bankruptcy, and need to locate the creditors. Some have debtor judgments. The debt is unsecured and is 7+ years old. I don't have docs from the creditors, and not all creditors are showing on the credit...

    Harold’s Answer

    This is what you are paying your attorney for. You should not have to do this yourself. Tell him/her to do their job.

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  • Can you put a private student loan under bankruptcy?

    The private loans was with Sallie Mae. But now it is with Navient.

    Harold’s Answer

    As the other contributors have said, student loans must be listed in a bankruptcy filing, which would temporarily stop any collections procedures. Although student loans can be discharged in bankruptcy, the hardship discharge required is very difficult to obtain. You are forced to meet all the criteria of what is called the Brunner Test, which is heavily weighted in favor of the lending agency. You should seek a consultation with an experienced bankruptcy attorney who can examine your entire situation and advise you of your best options.

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  • Bankruptcy was filed on 6/18 in Phoenix. Trustee meeting is 7/20. Forgot to send declaration re: elec file. Will case dismiss?

    I am hoping I can bring the declaration of electronic filing form on Monday and still have the trustee meeting and that all will go well. I have emailed my attorney but since its the weekend may not hear from him. Will I be ok on Monday or will th...

    Harold’s Answer

    Yes, take it to court and hand file it first thing Monday, if you have it. It will have to have your attorney's signature on it too, however. The Trustee does not dismiss in this situation, the Court Clerk does. This is your attorney's job. Tell him to do his job.

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  • I'm asking on behalf of a friend who is disabled. His family has a trust set up for him. Wants to file Chapter 7 bankruptcy

    He has no control over the trust: over its investments or over how much it pays him. In fact he hasn't received any money yet from it. It was set up before his mom's death...who died in May. It is inheritance money: less than $20K. Will that...

    Harold’s Answer

    This is a very fact specific question. If it is a spendthrift trust, the principal is initially protected, but distributions may not be. If there is only $20,000 coming to your friend, perhaps he should get the money and spend it before filing bankruptcy. I recommend that he seek a consultation with an experienced bankruptcy attorney as soon as possible.

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