Hale Andrew Antico’s Answers

Hale Andrew Antico

Santa Clarita Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. I borrowed money 10 years ago from a friend that said I never had to pay her back.

    Answered almost 2 years ago.

    1. Christian Frederick Paul
    2. Hale Andrew Antico
    3. Richard Scott Lysle
    3 lawyer answers

    The fact that they said you never had to pay them back is interesting, but the point is, you did pay them back and there may be enough here to demonstrate existence of a contract regarding a debt. Further, if a contract for a debt exists, the facts you provide don't say when you breached the contract. So, if you question is: "can they sue me for the balance of the debt they said I don't have," the answer is, it depends. You should meet with a friendly, local neighborhood attorney and...

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  2. Can I convert a my Chapter 13 filed in Georgia to a Chapter 7, since I recently moved to California?

    Answered almost 2 years ago.

    1. Deborah F Bowinski
    2. Evan A Nielsen
    3. Malcolm Wallace Ruthven
    4. Michael John Primus
    5. Hale Andrew Antico
    6. ···
    7 lawyer answers

    Can you convert a 13 to a 7? Yes. Should you? It depends. There may be reasons the Chapter 13 was a good idea in the first place, such as liquidation concerns. California is indeed more expensive than Georgia. But if you were making $200,000/year in Georgia and are "only" making $125,000 a year in CA, this reduction in income won't be sufficient. Therefore, your actual income amount matters. You're still need to going to pass the means test in Chapter 7, or explain special...

    5 lawyers agreed with this answer

  3. I had been trying to modify home loan with B of A for almost a year and still not able to go anywhere with them. Please help

    Answered almost 2 years ago.

    1. Hale Andrew Antico
    2. James Edward Switzer Jr
    3. Ekaterina Kashlinsky
    4. Gregory Howard Wiley
    4 lawyer answers

    Sorry to hear about your experience, but it's very typical. Lenders will often make you jump through many hoops, drag the process out for months or years, and then make you start over. It may be tempting to hire someone for this sort of thing, but beware. This would disengage you from the process, causing a false sense of security. Also, many new companies have cropped up in recent years who take people's money, fail with the loanmod, and you're then facing a foreclosure anyway. They then...

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  4. I filed BK: do I have to keep admending all the collection agency the debt is sold to?

    Answered almost 2 years ago.

    1. Eric Jerome Gold
    2. Dorothy G Bunce
    3. Michael Raymond Daymude
    4. Hale Andrew Antico
    5. Marc Robert Kivitz
    5 lawyer answers

    You need to list all of your debts, under penalty of perjury. This can be challenging, as it's hard to hit a moving target as your debts are sold off. The distinction comes in whether the company that's contacting you is a creditor that you owe a debt to, or merely a collection agency. The best practice is to list both, anyone and everyone who is related or in any way connected to your debts. But you must list all the companies you actually owe money to. And if this means you have to amend...

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  5. Can you recover from bankruptcy and a foreclosure?

    Answered almost 2 years ago.

    1. Hale Andrew Antico
    2. Jill Elder
    3. David Hadley Fuller
    4. Denise S. Kuhlman
    5. Jonathan Silvanus Udoka
    5 lawyer answers

    I'm sorry to hear about your situation, which is becoming all too common. Can you recover from a bankruptcy and a foreclosure on your credit? Yes. Will it be easy or simple? Not necessarily. When you file bankruptcy or have a foreclosure (or both), your credit will certainly fall. After the bankruptcy is completed, there is nothing preventing you from trying to re-establish credit. Now, the creditors may deny your applications for credit. They may ask you to put down your own money for a...

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  6. If a creditor is taking payments from you can they turn you over to collections?

    Answered almost 2 years ago.

    1. Richard Scott Lysle
    2. Jeffrey B. Lampert
    3. Hale Andrew Antico
    4. Stephen M Trezza
    4 lawyer answers

    It sounds like a tough siutation. At some point, you signed a contract to borrow money and repay it with interest. Either you are in compliance with that contract or you're not. Their acceptance of your partial payment does not constitute modifying the original agreement. So, because you are in breach of the contract, the creditor has the right to collect, up to and including lawsuit. I'm not far from you. If and when you want to review options, including bankruptcy, do not hesitate to...

    4 lawyers agreed with this answer

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  7. 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

    Answered over 1 year ago.

    1. Hale Andrew Antico
    2. Dorothy G Bunce
    3. Deborah F Bowinski
    4. Kathryn Ursula Tokarska
    4 lawyer answers

    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...

    4 lawyers agreed with this answer

  8. What evidence allows collection agency Wilson & kennard get permission to serve my bank & levy my bank account?

    Answered almost 2 years ago.

    1. Hale Andrew Antico
    2. Christian Frederick Paul
    3. Stephen M Trezza
    3 lawyer answers

    I'm sorry to hear about your situation. It seems that there was a lawsuit, you tried to thwart the process server, and somehow the creditor prevailed in court. If you didn't believe the debt was valid, accepting service and then fighting the debt in court may have been a good idea. But because the case went on without you, there may be a judgment against you. Now that there's a judgment against you, the creditor has the right to recapture "its" money. And if it's being held in your bank...

    4 lawyers agreed with this answer

  9. I recently got sued for credit card debt that I incurred awhile back.

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Hale Andrew Antico
    3. Robert Harlan Stempler
    4. Richard Scott Lysle
    4 lawyer answers

    Answer the complaint and assert the statute of limitations if you believe the facts support that defense. If you're somehow wrong on the facts regarding the dates, bankruptcy stops lawsuits and even the collection of judgments.

    4 lawyers agreed with this answer

  10. I am in the process of filing chapter 7 bankruptcy my house is not included in the bankruptcy can i still sale my home

    Answered over 1 year ago.

    1. Michael J Corbin
    2. Gary Alan Armstrong
    3. Hale Andrew Antico
    4. Deborah F Bowinski
    4 lawyer answers

    Of course your house is "in the bankruptcy." You have a duty to state under penalty of perjury that you listed all of your assets and all of your debts, and I'm sure you didn't lie under oath. Assets, like a house, cannot be sold without a judge giving permission. These things take a lot of time, if it's granted at all, since the trustee may oppose it. A week or two is not realistic. As far as your attorney, he or she may not have included litigation and motions in their Chap 7 retainer....

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