Robert Kevin Lee's Answers

I have 43k in credit card debit, owes $550k in mortgage, no second, but took money out to refin for that loan. loan was 1% optio

You cannot file a Chapter 13 until 4 years have passed from your Chapter 7 Discharge. If you are thinking of filing a Chapter 13, you might be better off converting to a Chapter 13 now before you obtain your Chapter 7 discharge. Of course, this really depends on a myriad of decisions and factors. You cannot restructure your loan in a Chapter 13 (unless the lender agrees). So you are pretty much back to where you were before. All that a Chapter 13 does is allow you 3-5 years to make up past...

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I've been summons to go to court for an AMEX past due credit card debt for $13500 in 5 months

If you've received a summons and complaint, then the 5 months is probably in reference to some sort of a status conference. However, you still need to respond to the complaint in 30 days otherwise you may get a default judgment entered against you. The longer you wait the harder it may be to get a deal from them. You have to contact the attorney because AMEX will only refer you to them. No need to discuss with the judge because the judge can't force AMEX's attorney to take a deal. You have...

I want to keep my house until it can be sold and pay off the loans. What chapter of bankruptcy should I file?

In a Chapter 7, you may be faced with a motion for relief from stay from the creditor which allows them to foreclose during the case and certainly a foreclosure after the bankruptcy is over. In a Chapter 11, you can buy some time in order to sell. However, a Chapter 11 costs more in legal fees. A typical Chapter 7 might cost $2,000 whereas a Chapter 11 starts at around $10,000 to $20,000.

I have over $125k in past due debt.

If you have no income, then it is pointless to do credit counseling or debt consolidation. Those options require that you pay something on a monthly basis. However, if you choose to go that route, be wary of companies and read the fine print. Many times, you pay a monthly amount that only gets applied to the service fees/attorney fees and then they start to pay down or settle your debts.

A settlement done through a collection and payment failed due to collection team adding fees to the settlement amount.

Regardless of fault, the bank can come after you if you breached the terms of the agreement. If a debt consolidation company did this for you, then you should make sure they did their job.

Will I need a lawyer to defend against a car collection agency?

Yes. They usually sell the car at an auction for a low price and the deficiency is what you owe.

Is it true that banks are more willing to modify mortgage loans during a bankruptcy filing?

I don't think it affects loan modification much. In fact, it takes time for the case file to be transferred from the loan modification department to the bankruptcy department.

I am being sued by a dept collection firm. Should I act or let them simply proceed although I will lose and face judgments.

Yes. Unless you can file a claim of exemption.

Chapter 7 Bankruptcy Creditors Meeting. How to request a new date, continue, or delay date.

Your court date is automatically continued for one month if you do not show up the first time. There is really no way to ask for a particular court date. If you miss 2 court dates, the trustee will generally file a motion to dismiss, unless you persuade him otherwise.

Sheriff holding garnished wages needed to pay rent and child support

The sheriff will need a release from the creditor. Once you file Chapter 13, your lawyer should tell the creditor to send a notice of release to the sheriff's office. You have to be diligent about this and follow up with numerous phone calls because they do not go out of their way to help you.