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Hale Andrew Antico

Hale Antico’s Answers

94 total

  • What kind of lawyer do i need?

    I had a voluntary repo on a car and after the bank sold it I owed like $5500 I do not have a job or any other source of income, if they sue me i would like to know what are my options because I don't have any way to repay this and I don't think th...

    Hale’s Answer

    Bankruptcy may NOT be the best option. However, bankruptcy lawyers see similar debt situations all the time, and try to advise people how to deal with problems. This includes not filing bankruptcy.

    We generally go over all your options, review the pros and cons of each one, and advise you which option is best for you. So, contact a bankruptcy attorney, get a consultation. You'll get questions answered and leave with peace of mind. We're good people.

    Good luck to you.

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  • I need help on a foreclousre. Is an attorney the best option?

    I entered a program with WellsFargo that lowered my mthly pymt for 11 mths. I was never late. After the program ended I was supposed to reapply for a diff program. Employment was needed. As soon as I had proof of it I sent it in, There was a d...

    Hale’s Answer

    This is a common trap of shooting for a loan modification. People are told to make partial payments by their banks, they do everything they're told to do, and then are foreclosed on for only making partial payments. This is called dual-tracking, and at least here in California, will soon be penalized.

    Chapter 13 bankruptcy can take the $13,000 of late mortgage payments and spread that out over 60 months, while you resume paying the old (higher) mortgage payment per contract. This could keep you in your house if you really are intent to keep it, and are prepared to (and can afford to) pick up making the regular mortgage payment plus a portion of the arrearages.

    While you don't need an attorney to file bankruptcy, having a bankruptcy lawyer for Chapter 13 in particular is always your best option. Contact someone local to you from Avvo and make a consultation immediately before it's too late.

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  • Can a credit union transfer funds from my account to a over due payment of the same account?

    They did make the transfer earlier this month and it was not authorized. When ask about it they reversed it and now they have done it again and refuse to reverse it.

    Hale’s Answer

    Yes. Under the "right of setoff," a creditor has a legal right to seize funds of a guarantor or the debtor with the same institution.

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  • I understand child support isn't dischargeable, but what about spousal support? Or other debts determined in family law court?

    My ex-husband filed bankruptcy and put me in as a creditor. I understand the child support he owes isn't dischargeable, but what about court ordered spousal support? Also, when my ex left he took all the money from our joint bank account that was ...

    Hale’s Answer

    Probably not dischargeable. See 11 USC 523(a)(15). It's fairly broad.

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  • Attorney failed to file Ch.13 paperwork prior to confirmation and now case is dismissed. What are chances court will reinstate?

    I've paid payments faithfully since filing. How long will reconsideration take, and will my creditors get a chance to go after me while it is being reconsidered? If not reinstated, what are my options? Attorney was out of the office when paperwor...

    Hale’s Answer

    Without more information, it's hard to assess exactly what's going on. Yes, you can vacate dismissals and reinstated previously dismissed cases. However, just because it's possible doesn't mean you can, or that you should. If it was a mere clerical error based on the filing of a document, that would seem to be something that should not prejudice the debtor, or at least that'd be my rationale if I were the judge.

    While you are very upset about your situation, it is most likely not a malpractice situation. These are not simple to prove. Attorneys are human, and errors are not malpractice. Then again, I don't know your specifics; your mileage may vary. I have seen judges or trustees push dismissal of cases for the most random of reasons, the most threadbare of excuses, just to clear the court's docket. Generally speaking, you're best off focusing on solving your debt problem.

    Finally, you can always re-file bankruptcy. Assuming your dismissal was your first filing, you probably can re-file and are not barred/prevented from doing so. If you've lost confidence in your attorney, seek another. Let this new one know about what happened without seeming vindictive, and get their honest opinion. More important, see if they'll take your case and help you re-file.

    In closing: Chapter 13 cases are very complicated, time-consuming, and labor-intensive, even for attorneys. You'll want a good one to help you, we're not all the same, and you want to work together as a team here: both you and your lawyer are working in a difficult environment towards the same goal, and you need each other. Good luck to you.

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    Hale’s Answer

    I'm sorry to learn about this stressful situation. In my state, the garnishment typically begins in the next 3 weeks. You should read the instructions, which often will tell you when it starts, and then talk to your employer, who probably got a copy of the same notice.

    Other options you have include:

    1) possibly seeking a reduction of the garnished amount (a "claim of exemption" in Calif). This may also be on the forms you received, and involve you visiting the trial court judge who ruled against you

    2) settling the judgment, though I think you'll find these companies are not very cooperative at this stage

    3) file bankruptcy, which will likely discharge the underlying debt, and cease all collection activity, up to and including the judgment. You probably want to meet with a bankruptcy attorney ASAP, as time is literally money.

    Good luck to you.

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  • Chapter 7 Bankruptcy question

    My wife and I are currently living in our motor home the payments for which when added to the costs for storing our household goods after losing our home in a short sale, are simply overwhelming us. We are retired and live on a pension and social ...

    Hale’s Answer

    Motor homes are almost always encumbered with a secured debt. If you want to keep the motor home, you'll want to stay on time with the associated debt. So, there is very likely no chance you can file "bankruptcy to eliminate the loan."

    There may be other reasons to file bankruptcy, however, depending on the other debts you may have.

    Also note that in Chapter 13, it may be possible to "cram down" vehicle loans to the fair market value of the collateral, possibly saving you thousands of dollars on an underwater loan. You really should talk to a bankruptcy attorney and get a consultation that's tailored to you and your needs.

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  • Can my payments be renegotiated if I get a lower-paying job under Ch 13 bankruptcy?

    I am a teacher seeking another graduate degree. In order to complete this degree I must complete a year-long internship. I will not be able to maintain my current job and fulfill the requirements of the internship simultaneously. Once I find anot...

    Hale’s Answer

    Can your plan payment be adjusted based on lower income through the term? Yes, but only to a point. What that point is in your case depends on your particulars. This adjustment won't happen automatically, and will require submitting a document filed with the court, along with supporting documents. Beyond that, it's hard to give more detailed information; every case is different.

    Can payments be lowered throughout the Chapter 13? Yes.

    See a Chapter 13 lawyer.

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  • I was working with my mortgage company on a modification there was a sale date i failed bk chapter 13 just to stop the sale

    what could i do they sold are home even though they were working with us

    Hale’s Answer

    Sadly, many loan modifications will cause you to fall behind, which will end up with a foreclosure. Sometimes, the same bank will tell you the loanmod is going great while they're simultaneously foreclosing while "working with you." This dual-tracking is a bad practice, and in California, will have laws against it in 2013.

    For now, though, you need a Chapter 13 bankruptcy lawyer. Filing bankruptcy "just to stop the sale" can be considered bad faith and an abuse of the automatic stay, though some folks may disagree on this point.

    * If the house sold first, filing bankruptcy won't stop anything. The house is no longer yours.
    * If the bankruptcy was filed first, that will stop the sale, but not forever.

    Meet with an attorney as soon as possible.

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  • I have a summons to got to court in 2 days. What are my options (s)?

    My wife signed up with Freedom Debt Relief 6 months ago under the impression that they would help us settle our debts and reduce our monthly payments. Now I received a summons to go to court in 2 days from one of the creditors attorneys. I had s...

    Hale’s Answer

    In general, many debt consolidation places won't tell you: 1) it's bad for your credit; 2) all your accounts are turned off; 3) you will probably get sued at some point; and 4) they won't help you during the eventual lawsuit. Had you known all this, you probably would have just done a bankruptcy in the first place.

    At this point, you can settle, ignore it, or do a bankruptcy.

    See your local bankruptcy professional to learn the particulars.

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