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Douglas Gist Farquhar

Douglas Farquhar’s Answers

75 total


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

    Is this legal??

    Douglas’s Answer

    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 sanctions.

    (This is only true if the debt was incurred before you orignally filed for bankruptcy).

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  • To check if a person filed for bankruptcy, do I need to visit Bankruptcy Court or, is there an online bankruptcy case records?

    I have a judgment on a small claims matter from February 2012, but if the judgment-creditor filed bankruptcy, I might as well consider it a lost cause.

    Douglas’s Answer

    I agree that you should get on PACER to look up the records. Check the site and get signed up.

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  • Should I file a General Denial or PLD-C-010 (answer-contract) if defending credit card lawsuit? I am in CA.

    I am defending myself in a credit card lawsuit for $5500 against a bank. I don't know which form is best to file for my answer to the summons & complaint. I do not want a default judgment against me.

    Douglas’s Answer

    I know it is not a lot of money but as you can see these defenses are complicated and you would be best served if you used an attorney.

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  • How To Pay Off Debt And End Wage Garnishment

    I received notice of wage garnishment from my employer this weekend. The garnishment begins in 3 weeks. I pulled out money from my savings and would like to pay off the entire amount owed. How do I correctly go about paying the debt now? Do I pay ...

    Douglas’s Answer

    I have had the same trouble with Chase. Try the Sheriff's office to see if the will take the money and deliver it ot the creditor and then not proceed with the garnishment and give you a receipt.

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  • Bankruptcy Question

    My ex is including a pending family law claim (separate property I loaned him) and claiming it in his BK. Its only pending because he keeps continuing the property settlement. Meanwhile, he is transferring assets to his trust, which he says his m...

    Douglas’s Answer

    Yes, you are going to need an attorney's help with the request for a Rule 2004 examination. In it you can ask anything related to your husband's finances, his right to a discharge, or anything that may affect the administration of his estate. Therefore you could ask about his transfering of assets to his trust which could be found to be fraudulent.

    Rule 2004 is a very broad discovery rule which is very intrusive and which would give you the power to examine his finances to see if he was hiding or tranferring assets to avoid payment of creditors like you. But certainly don't try to do one without an attorney because your ex will have an attorney who will try to frustrate your every move.

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  • Notes and bankrupcy

    in cali can there be a term in a note stating that the borrower can not file for bankrupcy to avoid making payments on the Note? How can this be phrased in one or two sentences in the note??

    Douglas’s Answer

    I agree. What he said! Don't worry about clauses in contracts that either prohibit filing bankruptcy or exempt that particular creditor from the bankruptcy. If that tactic would work then absolutely every contract would contain such a clause which would render bankruptcy as useless as.......
    So bankruptcy is your federal right and you can file it if you wish and you can discharge all debts in bankruptcy that are legally dischargeable.

    -Douglas G. Farquhar, Esq. (619) 702-5015
    E-mail: farquharesq@yahoo.com

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  • Removing bankruptcy comment from credit report

    My son paid off and closed the credit card account he shared with me right before I filed for chapter 7 bankruptcy. I went and filed just a few days after we closed it. Fast forward several months later and on my son's credit report there appea...

    Douglas’s Answer

    I agree that you should have him dispute the comment but since it is true and verifiable I suspect they will not remove it. It is also probably true that his credit will not be affected by your bankruptcy. The comment is there to show that co-debtor (you) are bankrupt and your son is therefore solely responsible for the debt.

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  • Settled 2nd mortgage and got tax notice from BOFA - can I flush tax debt in Ch7?

    I paid off a $250K note for $50K last year and now I am broke and overrun with debt. Just getting ready to file a Ch7 and got a tax notice from BOFA for the $211,000 deficiency. I can't come out of Ch7 with some crazy tax debt. What is the bes...

    Douglas’s Answer

    I agree that IRS form 982 is the correct form to file to avoid cancellation of debt income. It can be filed if you are insolvent at the time or if you are in bankrupcy. The best thing to do though is to check with a tax attorney or accountant to make sure you do not miss anything because taxes are tricky.

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  • Foreclosure after Chapter 7 BK was discharged in Feb 2012 on a reaffirmed mortgage?

    The wife and I finished our chapter 7 BK earlier this year and now I have decided to divorce. I cannot afford a family law attorney and am representing myself for that. I have not filed yet. During the chapter 7 process we reaffirmed the mortga...

    Douglas’s Answer

    I agree that you should almost never reaffirm a mortgage in a bankruptcy. But it s also true that you are not liable for any deficiency balance on the mortage if you walk away (and if there is only one mortgage).
    It is also true that you will pay close to same in rent if you do walk. I would check wih an attorney in your area on this. You can probably get a free consultation.

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  • Chapter 7. Will Ca's 703.140(b)(10(D) protect the 15k my ex owes in back child support or do I have to use the wildcard for that

    I was looking at the exemptions and do have enough room to use the wildcard. I am in the 703 exemptions. But then, I came across 703.140(b)10(d). Does that just protect payments or can that protect the 15k he owes from the past. Please share yo...

    Douglas’s Answer

    I agree that the safest way is to use the wildcard exemption because it can be used on any type of property and is totally safe. The term "reasonably necessary" can always open you up to a dispute with the trustee.

    If you have enough wild card then use that first. You should speak to an attorney on this.

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