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Dorothy G Bunce
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Dorothy Bunce’s Answers

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  • If I add my name to the mortgage and car loan, does tat improve my credit score?

    I just got married like a year ago. My credit score is very low, I tried to get a credit card but was denied. My husband, however, owns a small house but has been paying the mortgage for over 20 years now. Besides, a car that he has been paying mo...

    Dorothy’s Answer

    I have written a 10 part series about rebuilding your credit after bankruptcy, but even without a bankruptcy, no reason these strategies won't help you achieve this goal. Part 1 is at the link below. Hope this perspective helps!

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  • Is there was anything that I could do to stop this until I can file my bankruptcy?

    Im just really conserned about these garnishments.. The problem is that I am considered self employed as an independent contractor. I am on a 1099. They are taking anywhere from $80 to $150 dollars each time I do get paid. Its really causing me b...

    Dorothy’s Answer

    When you are being garnished, you generally have had a lot of advance warning that trouble is brewing. So the only reason it is an emergency now is because you let it become an emergency. It is possible to get an emergency bankruptcy filed in a matter of a few hours, but expect to pay extra for me or any other attorney to ride to your rescue. And yes, you will pay in advance and you will pay in full, unless you are eligible for Chapter 13.

    Your other option is to make a voluntary payment arrangement with the creditor. But with the creditor having gone to the time and expense of having to sue you to get paid, lots of luck getting them to accept payments. They know they have you locked in a cage and they like having you trapped. Hope this perspective helps!

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  • How much time does it take to foreclose on a house after your chapter 13 is dismissed?

    My in-laws filed chapter 13 bankruptcy about 18 months ago. They told us when they filed "the lawyer asked us if we had any pending lawsuits and we said no" like its funny.well the Chapter 13 trustee in west palm beach had there case dismissed bec...

    Dorothy’s Answer

    So you are saying that your in-laws "thumbed their noses" at their attorney and the entire bankruptcy process, and are offended that their case was dismissed and that their attorney "won't call them back!" Seriously, this is a great cautionary tale everyone needs to hear about. You want to play the system and not follow the rules, you get kicked out of the game. Frankly, I enjoy hearing about when people engaging in this kind of misconduct wind up going to prison - boo hoo! Hope this perspective helps!

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  • Can I file chapter 13 on my student debt and make monthly payments?

    I have outrageous student loan debt. I cant make the monthly payments at all. And I am behind. I tried to work out a deal and they wont agree... The interest alone is killing me. Can I file chapter 13 and put some kind of order to things by having...

    Dorothy’s Answer

    I do cases like you describe from time to time, but if there is any other debt, some trustees will require that all of the additional debt be paid first before one dime of student loans can be paid. I also like to provide for a reduced rate of interest to be paid through the Plan. Check an attorneys reviews & endorsements here on Avvo before making a second call. And don't expect an easy answer over the phone. Relatively few bankruptcy attorneys handle a significant amount of student loan debt bankruptcy cases. Hope this perspective helps!

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  • Aren't I entitled to due process, before the plaintiff can sue? Doesn't he have to give me his infor prior to filing a case?

    I am being taken to small claims court for a fender bender, plaintiff is claiming about $700.00 in auto damage. To date, I have not been able to get any detail information from plaintiff concerning himself. Drivers license, full name, proof of a...

    Dorothy’s Answer

    The lawsuit is your due process. Hope this perspective helps!

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  • School Loan debt and prenups

    I am getting married in a week and would like to know if my fiancés school loan debt becomes part of my debt Once we are married?

    Dorothy’s Answer

    Depends on whether he took out the loan before or after you were married. You should be discussing your concerns with the attorney you retain to prepare your pre-nuptial agreement. Hope this perspective helps!

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  • Multiple Debt Collection calls in South Carolina

    What justifies contact when it comes to debt collection calls? I know the law limits the number of times you can be contacted by a single collector in a 24 hour period, But what about debt collectors that call you 5-10 times a day if you don't ans...

    Dorothy’s Answer

    Your friend should be the one asking this question, because passing along legal information & doing legal research could get you into trouble known as UPL or "unauthorized practice of law." Unless you have a license to practice law, you shouldn't be offering someone legal guidance, even if you don't charge for it. My suggestion to your friend is that he WRITE to his creditors and tell them 1) not to call him and 2) provide them with a reliable address at which they can communicate with him. Hope this perspective helps!

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  • How do I handle this situation?

    I have a court order to go to court for a judgment from tower loan twice. the court date is 02/24/2016 and another one on 03/14/16. can I ask for continuance for the one on 2/24/16. I would like to offer a settlement amount with tower loan for the...

    Dorothy’s Answer

    Debt settlement mean you have cash & can offer a lump sum in a reduced amount. Unless you have cash in the bank or in your pocket, you won't be able to make a settlement. Monthly payments to resolve a debt are only available up until the time you are sued. My esteemed colleague in Ohio, Mr Smith, wrote an article on debt settlement strategies that is as good as any I have seen, and the link is below. Hope this perspective helps!

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  • How can I still owe the IRS back taxes that were discharged by the Bankruptcy Court with Tax Release Notices?

    I filed for Chapter 7 Bankruptcy in 2013 and all outstanding Federal Tax Debt was Discharged. Subsequent to the Discharge I received Tax Release Notices stating that all corresponding taxes and obligations have been satisfied for the years covere...

    Dorothy’s Answer

    Yeah, I have seen this type of issue before. Even though the underlying tax was discharged, in bankruptcy, the INTEREST & PENALTIES may have been ineligible to be discharged. Were the returns filed on time? Was additional tax imposed as a result of an audit? The Chapter 7 discharge of tax debt is not as broad as discharge under Chapter 13. And the IRS can and does make mistakes. Hope this perspective helps!

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  • Can I still be liable for a personal debt after filing bankruptcy?

    I have a 35k debt to my child custody lawyer in Maryland, I live in Pennsylvania He sued me and won the settlement. Can I throw that into bankruptcy? I'm getting ready to file a workers comp settlement for a different case all together that had m...

    Dorothy’s Answer

    Typically, legal fees owed to your own attorney are eligible to be discharged in bankruptcy. However, the devil is always in the pesky details people forget to mention. So I suggest taking a look at the provisions of 11 USC sec 523 to review the many reasons why a debt might not be eligible to be discharged in a bankruptcy. However, you must ALWAYS list every debt you have in any bankruptcy case, not just "throw that into bankruptcy." Failing to list every debt could subject you to a criminal charge of perjury. Hope this perspective helps!

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