Douglas Gist Farquhar’s Answers

Douglas Gist Farquhar

San Diego Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. Rights of a collection agency

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Douglas Gist Farquhar
    3. Susan Kathryn Ashabraner
    4. Kevin Samuel Sullivan
    5. Alexander Burnaby Trueblood
    5 lawyer answers

    I agree with the civil procedures discussed above but depending upon the size of this debt (and any other debts you may have) I always advise people to consider if bankruptcy could help. It will wipe away the debt without having to fight it any further and without having to pay to fight it any further. If bankruptcy is not a good option then you could proceed with the civil procedure tactics outlined above. I would consult an attorney to help you decide which course is right for you.

    2 lawyers agreed with this answer

  2. Notes and bankrupcy

    Answered about 2 years ago.

    1. Mher Asatryan
    2. Douglas Gist Farquhar
    3. Richard Scott Lysle
    4. J Charles Ferrari
    4 lawyer answers

    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:...

    2 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Walter C Oney Jr
    2. Douglas Gist Farquhar
    3. Dorothy G Bunce
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

  4. I own a failing pizzeria and am thinking about filing for bankruptcy

    Answered about 2 years ago.

    1. Eric D Ridley
    2. Walter C Oney Jr
    3. Douglas Gist Farquhar
    4. Kathryn Ursula Tokarska
    4 lawyer answers

    I had a client with the same SBA lien on his home. You cannot strip that lien off your home in a chapter 7 but you might be able to in a chapter 13. I agree that you probably have personal guarantees on all of your cards. I agree also that you should probably consider shuttering the business since it is failing. Then you could file one personal bankruptcy. If your other job makes 100k per year then you probably have sufficient disposable income to fund a 13. You might have a lease for...

    2 lawyers agreed with this answer

  5. Can I attend reaffirmation hearing by phone?

    Answered about 2 years ago.

    1. Douglas Gist Farquhar
    2. Bradford Darrin Calvin
    3. Kathryn Ursula Tokarska
    4. Alan D. Walton
    5. James Portman Webster
    5 lawyer answers

    No, generally you cannot. You must attend the hearing unless you are abroad in a war zone fighting for the military. There may be other exceptions but that is the one that I am aware of. You could try contacting the Trustee but it is unlikely that he or she will let you attend by phone.

    2 lawyers agreed with this answer

  6. A collections law office will not accept payments, wht should i do?

    Answered about 2 years ago.

    1. Robin Mashal
    2. Frank Wei-Hong Chen
    3. Kathryn Ursula Tokarska
    4. Douglas Gist Farquhar
    4 lawyer answers

    I agree that bankruptcy is possibly a good option to consider if you qualify and if the total debt is large enough to justify one. I would recommend consulting a bankruptcy attorney about this. Unfortunately the creditor is not obligated to accept small payments so your other option is to settle the debt with them. A lawyer working on your behalf could be of help here too. I would be glad to help you if you e-mail me at farquharesq@yahoo.com or check out my website at www.farquharlaw.com.

    2 lawyers agreed with this answer

  7. In a bankruptcy my car

    Answered about 2 years ago.

    1. Kathryn Ursula Tokarska
    2. Alan D. Walton
    3. Douglas Gist Farquhar
    4. Tai Christopher Bogan
    5. Paula Brown Sinclair
    5 lawyer answers

    I agree to hire an attorney and don't risk getting your case dismissed. Attorneys have special software that includes everything and files your case electronically. Plus you get legal advice on what to do and what not to do in your bankruptcy. As far as this car is concerned though it looks like there is no equity currently in it if your figures are correct. Therefore there is nothing to exempt but the creditor and the car must be listed correctly in the bankruptcy schedules. Contact an...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Credit card company Levied my bank accounts. Can they do that? Do I have any recourse?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Eric D Ridley
    3. Douglas Gist Farquhar
    4. Kathryn Ursula Tokarska
    5. Walter C Oney Jr
    5 lawyer answers

    A charge-off just means that the debt was sold to another creditor/collector who will come after you now for payment. The charge-off did not make your debt disappear, you now owe the new creditor/collector. They apparently have a judgment because they are levying your bank account. It may be time to consider filing that bankruptcy to get rid of this debt. I would be glad to give you a free consultation. Call me Monday at 619-702-5015 or e-mail me at farquharesq@yahoo.com or visit my website...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. How do I prove that I have no assets?

    Answered over 2 years ago.

    1. Richard Omar Evanns
    2. Douglas Gist Farquhar
    3. Susan Kathryn Ashabraner
    4. Kevin Samuel Sullivan
    5. Gary D. Bollinger
    5 lawyer answers

    You also might want to wait and see their evidence that you are a gun owner that has stockpiled ammo. Once you see what that is then you can find a way to show that it is untrue. Perhaps it is a case of mistaken identity- they may have the wrong guy and you need to show that you are not that guy (even if you have the same name as him). Bring a Kelly Blue Book estimate of your car's worth and make sure you use trade in value b/c it's lower. Don't forget too that bankruptcy will make...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Can a credit card collection agency freeze or garnish my checking account if my only deposit is old age social security benifit

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Frederick William Schwinn
    3. Douglas Gist Farquhar
    3 lawyer answers

    I agree with the others that they cannot garnish or freeze your bank account that contains your social security payments. Call the bank if you are concerned. On of my clients did this and the bank assured her that they could not and would not freeze or allow the siezure by a creditor of her social securtity funds deposited in her bank account even if the creditor was armed with a garnishment order.

    1 lawyer agreed with this answer