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Dorothy G Bunce
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Dorothy Bunce’s Answers

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  • In Mississippi the minimum amount u can pay a creditor to keep out of court and being garnished is 25.00

    Question what is minimum amount in louisiana

    Dorothy’s Answer

    This assumption is based on opinions you
    get from your buddies at the bar. Not advice from a lawyer. Hope this perspective helps.

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  • Time Warner Cable referred me to a collection agency what should I do??? I am worried my credit will be ruined

    I have not paid my cable bill for a few months (was traveling) and I now have a letter from a collection agency. I pulled all 3 credit reports and nothing shows up on any of them yet. The collection letter was dated May 14th and I pulled the rep...

    Dorothy’s Answer

    Once collection accounts are paid off & a few months go by, it is often possible to get these accounts removed by disputing them because collectors can't or won't be verify theses debts once they have been paid. Hope this perspective helps.

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  • Can a law suit be filed if a banking act is garnished and funds are not those of debtors?

    A name attached to checkn act from signing for minor child is 1999 to open is garnished but person who is debtor has no funds going in this account now.

    Dorothy’s Answer

    This always seems to happen on holiday weekends. Whether this is a solvable problem will depend on exactly how the account was established - what the title documents say. State exemptions may also provide you with protection. Meet with your bank manager tomorrow to get more information. Hope this perspective helps.

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  • Can i sue my credit union for taking my money?

    Ok so i applied for a loan at another credit union and my current credit union said we shouldnt do business anymore. So 6 months ago i had alot of fraud on my credit card which i disputed and the cases were closed and now all of a sudden my credit...

    Dorothy’s Answer

    On my first day in law school, I learned you can always sue, but you seldom will win unless there is a thorough investigation of the facts. Have a forensic accountant review the records. Hope this perspective helps.

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  • In south Carolina for a chapter 13 bankruptcy.. Once a stay is lifted on your home how soon must you move out?

    I am in a chapter 13 bankruptcy and a stay was lifted against my home.

    Dorothy’s Answer

    The lift stay is not the foreclosure. Foreclosure takes place under state laws, and these laws vary widely from state to state. In most states, once the lift stay takes place, foreclosure can resume from where it was when you filed. So if you filed bankruptcy 10 minutes before the sale, bad for you! Seriously, even then you will have some time. But you need to provide more information to let the volunteer attorneys to answer your question. Hope this perspective helps.

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  • Chapter 13 after filing Chapter 7

    My husband filed and was discharged from his chapter 7 BK last year. I did not file with him. I had no clue a judgment was obtained against me and am now being sued for $42K. On top of this lawsuit, I have fallen ill and haven't been able to retur...

    Dorothy’s Answer

    Depending on the type of debt, it could be possible for you to discharge community debts in a solo Chapter 7 & avoid Chapter 13 altogether. Or it might be possible to settle your spouses debts or pay them with Credit counseling for a lot less than chapter 13. A lot more information is needed to give you a for sure answer. Hope this perspective helps.

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  • I'm in a chapter 7 bk & in the process of doing a short sale.

    The lender is asking for No objection letter from the Trustee with the short sale and a No objection letter from the Trustee that he has No objection with the listing agent. The lender also states that a motion to sell must be granted by the cour...

    Dorothy’s Answer

    Because a short sale often produces a cash incentive kickback to you, in my state, trustees often want this money for the creditors. But I believe you may have exemptions available to protect any cash back, so amend your scheduled accordingly. If your trustee won't agree, you will need a court order. But why deal with the hassel? Why not wait until your case closes to sell? Unless there are assets to distribute, your case should close in less than 4 months.

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  • What is the process involved in filing Chapter 7 corporate bankruptcy?

    I own a tutoring franchise that losing money. It is up for resale, but I don't believe it will sell through the franchise network. I currently owe tutors around $5,000.00 and families about $5,000.00 in refunds and cannot afford to pay either. ...

    Dorothy’s Answer

    Corporations cannot discharge debts in bankruptcy, so unless the business has assets to liquidate, I see no point to a corporate bankruptcy unless you want to give employment to lawyers. You, on the other hand, probably personally guaranteed the corporate liabilities and can be discharged of debts through bankruptcy. Hope this perspective helps.

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  • I have a chapter 13 bankruptcy that I have made all payments on time for 3 years. Can I pay it off?

    I received a letter from the court saying I could possibly pay it off but I have to contact my attorney.. The last time I spoke to my attorney a year ago I was told I would have to pay ALL the debts in the bankruptcy if I choose to pay it off inst...

    Dorothy’s Answer

    Just to make clear what the other attorney's are saying - we would need more information in order to give you a "for sure" answer. For example, if you were BELOW MEDIAN INCOME when you filed Chapter 13, you would have qualified for a 3 year plan and can now amend your plan to end after 3 years with a lump sum payment. Otherwise, whether you can pay off your plan dollar amount early is sort of a discretionary decision that your trustee and your court makes. In most areas of the US, if you are OVER MEDIAN INCOME and required to pay for 5 years, if you pay off early, you must pay 100%. Hope this perspective helps!

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  • Why won't my lawyer call back or file my bankruptcy paperwork?

    A lawyer has my money and hasn't returned my calls for three months and the paperwork has not been filed

    Dorothy’s Answer

    Most of the times I see this happen, there is a lot more to the story than you have disclosed. While there are certainly some bad apple lawyers, more often than not, lawyers give the cold shoulder to clients that behave badly. Have you become a pest to the lawyer, cursed out the staff, failed to provide the required documents needed? Have you completed your pre-bankruptcy class? Every month that passes, a bankruptcy requires updated documents, so have you sent over ALL of your paystubs since handing over the legal fee? Not everyone is eligible to file Chapter 7 bankruptcy? Have you seen a draft of your bankruptcy paperwork. Line 21(c) on Sch J ought to indicate what you have left in your budget after paying for necessary living expenses. If more than $100 - $150 on that line, you may not currently be eligible for Chapter 7 and the lawyer may be waiting for evidence that your income or expenses have changed. Hope this perspective helps!

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