Skip to main content
Hale Andrew Antico

Hale Antico’s Answers

94 total


  • Bank account garnished

    My husband received a paper in the mail stating that his bank account was being garnished by a law firm due to a over due credit card. It shows that it went to the court house. He had been to court over 2yrs ago and missed his payment by 1 or 2 da...

    Hale’s Answer

    • Selected as best answer

    It sounds like there is a judgment. I'm sorry to hear about your situation. Yes, they can freeze accounts without you giving them the account information. If they had to rely on your cooperation, creditors would never really get very far. So they have resources. Or they just try random banks. But yes, if it's his asset -- and his name is a good indication that it's his -- it can be seized.

    Bankruptcy stops debt collections, even judgments. It may be worth getting a consultation with a local attorney and get a fresh start.

    See question 
  • How should i deal with a collection agency for defaulted student loan?

    If the defaulted loan is in collection agency, i can't contact the loan holder and negotiate them?? Is it too late?

    Hale’s Answer

    It's never too late to negotiate. While you may not find the student loan company or its collection agency very eager to cooperate, it's worth a try. Remember: they have all the leverage because 1) it's most likely federally guaranteed and nondischargeable in bankruptcy; 2) you're late; and 3) they know that if you have no ability to repay today, you will one day and they're not going anywhere.

    Having said all that, something is better than nothing, and you are encouraged to get back in their good graces to avoid default, lawsuits, and judgments.

    Bankruptcy may be an option, since some Chapter 13 courts here in California require the unsecured student loan debt be repaid through the Chapter 13 plan and not directly to the lender (must be a valid purpose to discriminate among classes of debt). If you have surplus income to make a plan payment of some sort, this may possibly work out to a five-year deferment of repayment of your student loan debt. Note that interest may possibly accrue in the meantime, however.

    Sit down and meet with a lawyer to negotiate your debt, and/or a bankruptcy attorney to contemplate whether it's wise to do a Chapter 13 case for your facts.

    Make sure you mark this or another answer "helpful" or "best answer." The attorneys here don't get paid for their help, and Avvo tracks user feedback. Good luck to you.

    See question 
  • Can creditors go after my wife's non-community property asset for my own discharged community debt under chapter 7 ?

    In 2003, My wife bought a home together with her father before I met her, it has around 240000 equity currently. We got married in 2005, and I recently filed chapter 7 on my own for community debts. Can creditors go after her home equity that is ...

    Hale’s Answer

    People think lawyers are expensive. Not having a lawyer can be more expensive.

    You recently filed bankruptcy while your wife owns a house with a quarter-million dollars of equity. Chapter 7 is liquidation. People really do lose things in bankruptcy. Once the case has begun, it'll be very difficult to get out of it, for exactly the same reasons you will want to get out of it. The facts - backed up by documentary evidence - will establish whether you have a community interest in your wife's home or not. There is not enough information here for me to play judge and tell you how this will all play out, but seven years of payments paid, seven years of real estate taxes paid, seven years of repairs and maintenance paid, all from community funds makes this far less clear-cut than you might think.

    While it's not the answer you want to hear, can creditors go after her home equity? Short answer: yes. Can you stave them off? Maybe.

    See question 
  • My creditor reported to the county that my house is renting, so that I lost my homestead. Now I move back inside my house.

    Am I going to lost my house? Because the house has some equity. If the creditor shows up in the 341meeting, what kind of questions do they answer me?

    Hale’s Answer

    Three attorneys already answered your question the other place you posted it:
    http://www.avvo.com/legal-answers/my-house-lost-homestead-2012-because-i-rent-it-out-966996.html?ref=answer_question_serp_title_6

    Tell the truth. And listen to your attorney.

    See question 
  • Is there any way that the creditor can find out my bank accounts?

    Thanks

    Hale’s Answer

    Can creditors find out your bank accounts? Yes. Creditors do bank levies -- where your money is cleaned out of your bank account without any warning -- all the time.

    Creditors also can do a setoff and take your money and apply it to a debt from the same bank.

    Good news is that filing bankruptcy protects you from all this. See a bankruptcy attorney as soon as possible.

    See question 
  • If I included a credit card in bankruptcy and used it after the discharge (the company didn't close it) am I responsible for it

    spouse and I are seperating and I wasn't sure if this bill needed to be paid since it was discharged

    Hale’s Answer

    You are responsible for all debts you incur after you file bankruptcy, and even some debts you incurred before you filed.

    See question 
  • Is it possible to file for personal Bankruptcy in Massachusetts without a lawyer?

    I cannot afford to get the lawyer (who requires a down payment first) to file bankruptcy for me. I'm looking into the possibility of doing this myself but wanted to know if it's doable. I most likely will file for Chapter 11.

    Hale’s Answer

    11 USC 527(b) requires any attorney you consult with to disclose to you that you can file bankruptcy for yourself, and do not need an attorney.

    While you're free to try, many bankruptcy attorneys won't touch Chapter 11 cases because they are so complicated and time-consuming. Legal to file on your own? Yes. Doable? Hardly. Is it possible that maybe you're confusing it with another chapter?

    What you can do and what is wise to do are completely different things. Many attorneys accept payments. I think you should meet with a couple more.

    Good luck to you.

    See question 
  • My house lost homestead 2012 because I rent it out for 11 month. somebody reported to the county, so they cancel the homstead in

    october. but I filing out my bankruptcy chapter 7 in September, my filing paper work stated homestead at that time. now, the renter people moved out . I moved back inside the house . I want to keep my house , because it has equity in my proper...

    Hale’s Answer

    Filing Chapter 7 bankruptcy while owning a house with equity can be tricky, especially if you have renters in that house.

    I don't believe the trustee will ask you if it's homesteaded or not. That's a legal question best answered by an attorney, and besides, your schedules already describe your exemptions. Under oath, you may be asked certain facts about where you reside now, and at various other times.

    In short, you have an attorney already. They are aware of your situation and the twists and turns of your residency in great deal. I would defer to their judgment.

    See question 
  • I am on the third year of my 5 yrs bk 13 repayment plan which includes both my credit cards as well as my husband's. Options?

    Unfortunately, we are on the verge of divorce. Would it be possible to covert the bk from 13 to 7? We originally filed for bk13 to save our house. Our second mortgage was stripped as well. The bk was filed only in my name. We won't be able to...

    Hale’s Answer

    • Selected as best answer

    I'm sorry to hear about your marital difficulties. This can result in all kinds of change, both emotional, physical (living spaces), and financial.

    As far as bankruptcy goes, your options are:

    1) continue with your Chapter 13, modifying your plan to account for changes in the budget.
    2) convert the case to Chapter 7, which (given the fact you filed to "save our house") would likely result in losing your home .
    3) have the bankruptcy case dismissed, and solve your debt problems outside of bankruptcy.

    Note: since you filed without your spouse, the co-debtor stay of 11 USC 1301 may not protect your spouse from collections outside of Chapter 13.

    And as always, inform your attorney of the pending separation and talk with them to get more in-depth advice about how each of these options may impact you and your spouse.

    Good luck to you.

    See question 
  • Hired a bankruptcy attorney. She suggested Chapter 13 and took $1 K up front.

    Been paying for a year now and trustee keeps objecting so it hasnt been confirmed yet. Have paid in $8K. Attorney told us her fee is $3000.00 and that she would convert the 13 to a 7 when the time came for no extra charge. Now she calls Friday ...

    Hale’s Answer

    It sounds like your attorney contracted for the fees for the Chapter 13 case. However, that is not an "all you can eat" for their legal services for the duration of the case. Certain additional tasks are billable, and converting the case to a 7 could be one of those tasks. Lawyers are allowed to bill for their time to do work above and beyond the "normal" services, whatever those may be in your jurisdiction.

    Ask your lawyer, and/or review their retainer contract for details.

    See question