Douglas Gist Farquhar’s Answers

Douglas Gist Farquhar

San Diego Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. I owe business credit card $35,000 max limit, I cannot afford to make minimum payment, will my business be foreclosure by bank?

    Answered over 2 years ago.

    1. Joseph Wrobel
    2. Gary Lane
    3. Douglas Gist Farquhar
    3 lawyer answers

    I agree with what the others said. The credit card companies will probably eventually sue the business for the debt if it remains unpaid. If you signed a personal gurantee then they could sue you too but yes credit card debt is unsecured and they can't "foreclose" on the business. For bankruptcy advice on whether to file for the business, you personally, or both it would be best to contact an attorney to get legal advice once all the facts are known.

    3 lawyers agreed with this answer

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  2. Can you file bankruptcy without California driver license Filing bankruptcy

    Answered over 2 years ago.

    1. Douglas Gist Farquhar
    2. Paul Edward Shakarian
    3. James Portman Webster
    3 lawyer answers

    I agree that a passport would work but you can also get a state of California issued ID that is just that and not a drvers license. It would be issued by the state for ID purposes.

    3 lawyers agreed with this answer

  3. I became disabled in 1996 and had to file bankrupcy in 1999 but I still have a company calling me and sending collection notices

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Douglas Gist Farquhar
    3. Bruce Allan Wilson
    3 lawyer answers

    If te debt was properly listed in the bankruptcy then the creditor should have been noticed by the bankruptcy court that you were in bankruptcy. If the creditor did not object to this debt being discharged then it should have been discharged along with the other debts. If this is true then the creditor is in violation of the bankruptcy laws by trying to collect on a discharged debt. Have an attorney send them a letter and then if they continue to call you can re-open the case and seek...

    3 lawyers agreed with this answer

  4. Judgement

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. David Watson Wiese
    3. Douglas Gist Farquhar
    3 lawyer answers

    I agree that bankruptcy is a good option considering that this debt is greater $10,000. Bankruptcy would also get rid of your other dischargeable debts at the same time. Since you lost your job you should have no means test issues. Judgment debtor hearings are very invasive and to be avoided in my opinion. I filed a bk for a client the night before his hearing and it stopped the hearing from going forward a gave him an eventual discharge of all of his debts. At the hearing they will...

    3 lawyers agreed with this answer

  5. My comrcial tenant filed chap 7 bankcruptcy and vacated the building but refused to turn keys in. Can I ask the trustee to solve

    Answered over 2 years ago.

    1. Michael John Primus
    2. Douglas Gist Farquhar
    3. James Portman Webster
    3 lawyer answers

    I would definately work through the the Trustee and see what objections he would have to you reentering the premises. He may abandon the lease and the estate would have no interest in the property. But you still have the automatic stay and you may have to file a motion for relief. The stay will lift automatically in a chapter 7 when the case closes but sometimes these cases stay open for some reason. Check with a bankruptcy attorney in your area and he could contact the Trustee for you...

    3 lawyers agreed with this answer

  6. Can a highly rated law firm erase my $16,000 bank loan?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Douglas Gist Farquhar
    3. Richard Scott Lysle
    4. Bruce Allan Wilson
    5. Michael A. Goldstein
    5 lawyer answers

    Bankruptcy is usually the best way to "erase" a debt if you qualify. When my clients can't or won't file bankruptcy then I do debt settlements for them. I agree that a big law firm will run up big fees. Have a bankruptcy attorney look at the debt and your financial situation to properly advise you on the best course to take. $16,000 is a lot of money to pay back.

    3 lawyers agreed with this answer

  7. Can the State of California take my 18 year old vehicle that is not worth much to satisfy unpaid income taxes?

    Answered over 2 years ago.

    1. Matthew Jason Staub
    2. Douglas Gist Farquhar
    3. Kathryn Ursula Tokarska
    3 lawyer answers

    I would call the Franchise tax board. I agree that it is unlikely that they took it but this way you could find out for sure. If they did not take it you might want to call the police because it might be stolen. It also might be impounded if you parked illegally. The police should know about that too so I would call them.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Why would a creditor refund a garnishment - Only to restart it after all payments have been returned?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Douglas Gist Farquhar
    3. Bruce Allan Wilson
    3 lawyer answers

    The place to start would be the Sheriff's office. See if you can get any paperwork from them to trace this current garnishment back to some court in San Diego. The debt may indeed be legitimate and it may not be. $9500 is far greater than $2500 so that makes me wonder what is going on. The best thing is to have an attorney look into the situation to devise a strategy for you. If it looks like the debt(s) is/are legitimate then bankruptcy is usually an option to consider to take care...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I rec'd a debt collection letter from a law firm in CA for an three year old credit card debt with US Bank.

    Answered over 2 years ago.

    1. Douglas Gist Farquhar
    2. Robin Mashal
    3. Michael Charles Doland
    4. Kathryn Ursula Tokarska
    5. Mitchell Paul Goldstein
    5 lawyer answers

    Assuming the debt is valid you could have an attorney try to settle the debt for you. If a bankruptcy attorney who represents you negotiates with the creditor then the creditor might realize that there is a chance that you could file a chapter 7 bankruptcy. If you did file and get a discharge then the creditor would probably receive nothing. This sometimes helps to get creditors to agree to a settlement that would be more beneficial to you.

    2 lawyers agreed with this answer

  10. My husbands electrical contracting business went chapter 7 bankrupt, can builder he did work for sue us?

    Answered over 2 years ago.

    1. Derek R. Caldwell
    2. Bradford Darrin Calvin
    3. Frank Wei-Hong Chen
    4. Adam Durrel Woolsey
    5. Douglas Gist Farquhar
    5 lawyer answers

    I agree with the others to get an attorney right away. It sounds like you personally guaranteed some debt(s) for the Corp. and though the Corp. is bankrupt, you are still on the hook for these debts. If the creditors sue you personally then you will need to answer the suit and defend it and you will need an attorney to help you with that. Don't let them get a default judgment against you. Of course if the debts are large enough to justify a personal bankruptcy then the bankruptcy...

    2 lawyers agreed with this answer