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Dorothy G Bunce
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Dorothy Bunce’s Answers

18,781 total


  • Dismissing chapter 7 to start over

    My attorney ended up being a complete jerk and screaming at me on the phone. I had worked out a payment plan. It was fourth of July, the attorney had my payment info, never charged me, then called me screaming. I said, 'I gave you the info ove...

    Dorothy’s Answer

    You can certainly fire your attorney & no doubt your attorney wants to fire you too. If your chapter 7 case has been filed, your chances of having it dismissed are pretty small because you would need to convince the judge your creditors would be better off if your case is dismissed. There are many more things to do to make sure your case is successful, and hiring a replacement attorney would be a wise investment. Hope this perspective helps.

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  • Is there any way to payoff my second mortgage for less than owed?

    I have a home in foreclosure to be sold at auction july 20. I have a family member that is willing to loan me the money to pay off the first completely and give my second 20-30k on a 100k debt. When talking with the second I must contact them thro...

    Dorothy’s Answer

    Big mistake to completely pay off 1st mortgage without first resolving the second. Right before a foreclosure sale may be a great time to negotiate. If you owe more than property is worth, lienstripping in chapter 13 could allow you to eliminate the 2nd without tax consequences and resolve the arrearages causing the foreclosure. Timing is crucial, so don't wait too long to act. See more info at WWW.lienstripping.com . Hope this perspective helps.

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  • Does a credit card lender have the right to arbitrarily review my credit report, without my consent?

    Just received a letter in the mail from a credit card lender, which states that they reviewed my credit report, purported to see some unfavorable information, and are decreasing my limit to the current balance due. However, after reviewing my Card...

    Dorothy’s Answer

    Although I am not able to point you to a specific clause in a contract I have not seen, this right goes along with every credit card agreement I have ever seen. Review of the federal Fair Credit Reporting Act may provide you with some additional information & the link is below. Hope this perspective helps!

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  • I have a collection account on my credit report which belongs to my husband. I live in Arizona. Can they do that?

    We declared chapter 7 in 2013, discharged January 2014 and I lately noticed a collection account on my credit report which belonged to my husband. It was included in the BK as an individual account. I called the collection agency and they told me ...

    Dorothy’s Answer

    The federal Fair Credit Reporting Act provides that YOU are responsible for properly disputing any inaccurate information on your credit report. A phone call to the debt collector is not one of the ways you can dispute inaccurate information & you should know not to take legal advice from a debt collector who is not qualified to offer you an opinion and has every reason to give you a dishonest answer. Hope this perspective helps!

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  • My wife recently died leaving huge medical bills. Am I responsible for them? Can they put a lien on my home? I live in PA.

    She had insurance but was in hospital for 4 months.

    Dorothy’s Answer

    In most states, spouse's are responsible for paying each others medical debts. However, generally the creditors look to get paid through probate before seeking payment from the spouse. So if your Wife left any assets subject to probate, you may want to consult with a probate lawyer before you worry about your own responsibility. Often, medical debts can be settled for pennies on the dollar if the circumstances are right. Hope this perspective helps!

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  • Kohls card lost and used, but company giving me a hard time about crediting

    I received my bill from Kohls and noticed 2 charges on there that were not mine. I immediately called and informed them that the charges were not mine and the card must have been lost or stolen. A couple of weeks later I received copies of the "re...

    Dorothy’s Answer

    Sometimes you and the creditor just are not going to agree and the matter may end up having to go to court. Please note the the process may be different as to a store credit card as opposed to a bank credit card, such as Visa, Mastercard & Discover. Be patient and give the process time to work because taking this to court will not be easy or cheap. Hope this perspective helps!

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  • I have a wage granishment taken out of my check.I received a citation to discover assets.

    I was in the process of applying for disability. Will I get in trouble if I do. The paper says no transfer of property of money.

    Dorothy’s Answer

    If you have a court judgment, it is usually a violation of the Uniform Fraudulent Transfers Act to give away property to a friend or relative to avoid paying the debt. In many states, disability benefits are protected from creditors. Sure would have helped if you had specified the type of disability benefits you are applying for - for example, disability under workers compensation, social security disability, or a private disability insurance policy. State laws called exemptions do say what is protected from creditors and generally anything not on the list isn't protected. A link to a general description for all 50 states is below, and you don't need bankruptcy to obtain the protection of the state benefits. Hope this perspective helps!

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  • Wells Fargo background check - Will being a co-signer for student loans with a bad payment history affect my qualification?

    I co-signed for a large sum of student loans, federal and private, for a friend years ago. The student fell behind on some of these, and the bad payment history shows on my credit report, and has dramatically lowered my scores . My actual paymen...

    Dorothy’s Answer

    Unless one of the volunteer attorneys answering your question about the student loans happens to work for the HR division of Wells Fargo, this is one those questions that can't be answered. Employers have a broad amount of discretion in making a hiring decision. Knowing the exact time you worked for an employer wouldn't appear to be a material issue. Hope this perspective helps!

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  • If I have land in a trust which is in a LLC and I lose my foreclosure case will it be easy for the court to unravel?

    If I have land in a trust which is in an LLC and I lose a foreclosure case (Hopefully not), will it be easy to unravel this deal, to pay creditors, by the court and/or bankruptcy trustee, if I have to declare bankruptcy?

    Dorothy’s Answer

    It may not be necessary to unravel the land from the trust if the land has no equity in it and it is lost by foreclosure. Hope this perspective helps!

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  • My husband is currently filing for bankruptcy. We have timeshare together and I want to know if I could get my name off of it

    So that it does not fall on me as I can't afford it at all. Is there a way to get my name off so when he files for bankruptcy I won't be left responsible?

    Dorothy’s Answer

    No, to discharge your debt for the timeshare, it will have to be paid off because your spouse's bankruptcy is not your bankruptcy. Hope this perspective helps!

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