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Douglas Gist Farquhar

Douglas Farquhar’s Answers

75 total


  • Can i pay $2500 for plumbing repair when I already filed bankruptcy

    we filed already chapter 7 but we need to make a plumbing repair to our home. Can we pay the plumbing contractor even though we have already filed?

    Douglas’s Answer

    I agree that you can use your poet-petition earnings to pay for it. If you have cash or money in a bank account that was properly exempted then you could use that too to pay for the repair. So it depends what you are going to use to pay for the repair. If an outside party is paying then that is okay and if a non-filing spouse is using his/her separate property then that is also okay.

    If you are not sure then you might want to get the advice of an attorney on this.

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  • I filed bankruptcy on a property. was renting out at time. can we still evict the tenants?

    i had filed bankruptcy ona property of mine. before and at the time of everything becoming final i had tenants renting out the property. now that the house is waiting to be foreclosed do i still have the right to evict the tenants. it was my home....

    Douglas’s Answer

    Contact an attorney to help you with this. If you mean that you filed a personal bankruptcy and you exempted the property in the bankruptcy and therefore you have kept title to it after the bankruptcy (because there was little or no equity) then the property is still yours.

    If th property is yours then you can evict the tenants up until the foreclosure sale happens and the property is sold at the foreclosure sale. My fact pattern makes a lot of assumptions though so discuss the details with an attorney on this one.

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  • Chapter 7 bankruptcy. I been living in a motorhome in CA campgrounds. How do I claim residency for my BK. Go from place to place

    Basically, I consider myself a resident of CA but don't have a real permanent mailing address, etc. I go from one membership campground to another. How do I handle this for residency purposes in a chapter 7 bankruptcy?

    Douglas’s Answer

    I agree to contact a bankruptcy lawyer in your area and to stay in one place for 91 days so you can say you reside in that district. One idea would be to get a post office box at a local mail store in the area you are staying and receive mail there for 91 days. That would be some kind of evidence that you reside there.

    Remember that you have a right to file so it is just a matter of where you file but you want to file in the correct district to prevent a dismissal of your case. Contact an attorney to help you.

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  • Auto lease in chapter 7. Said I would "Assume" but never filled out the papers. Continued to pay & drive. Liable for mile,etc?

    Just wondering. At the end of my lease a few months from now can I just turn in the car without fear of any recourse given the fact that I was discharged in chapter 7. I never filed the paperwork with the court or the lender to assume the lease.

    Douglas’s Answer

    I agree! Your obligation is gone for this vehicle so turn it in quickly and make sure there is no damage. The creditor will then have to go away and no bother you as you are protected by the bankruptcy stay.

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  • Can I sell my house while in chapter 7?

    I am at the end stages of chapter 7, just got a buyer for my house do I get permission from the Bk trustee or the court? Meeting of the creditors is scheduled for 4/30/12,(a continuance) just need to show them 1 more document, have complied with...

    Douglas’s Answer

    Agreed. Wait until the case closes and if you get the Trustee everything he or she needs at the continuance then the case should close on time which is 90days after filing. Most realtors will explain to the buyers that there is an ongoing chapter 7 but that it will close within 90 days. Then you can close the sale of your home. It is easier to wait than to get permission from anyone involved in the case.

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  • If a credit card company (Target National Bank) has charged off an account, can they still sue the debtor?

    The debt (over $5,000) was charged off in January 2012. The debtor has received letters from a law firm (CIR Law offices) offering a reduced settlement. Last letter from law firm was dated 3/5/12. Debtor sent a debt validation letter to law firm ...

    Douglas’s Answer

    I agree with what the others said. This debt was charged off by Target but sold to a collector, CIR, who now owns it and can collect the full amount from the debtor. And don't forget about interest because they will add that continually to the original debt. If they sue the debtor they will add court costs and attorney fees.

    No one has mentioned bankruptcy as a possible option though. If the debtor has other debts the debtor may want to contact a bankruptcy attorney to see if bankruptcy is a viable option for the debtor to pursue. If the debtor did file and get a discharge then the debtor would not owe this debt or any other dischargeable debts any longer and CIR could no longer contact or sue the debtor.

    Douglas G. Farquhar, Esq. 619-702-5015

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  • Will it be wise to get divorce and then handle my money problems?

    i have a lot of credit cards bills that i alone accumulated and will like to try and handle that on my Owen.

    Douglas’s Answer

    If these credit card bills are in your name alone then you can file an individual bankruptcy and get rid of them. But if some of these debts are your spouse's then it is true that you could file one joint bankruptcy before the divorce to get one joint discharge and then your spouse could not come back after you later.

    You need and attorney to look at your credit and your spouse's credit to see whether it would be advisable to wait until after the divorce or not.

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  • In California does the state require my spouse to be liable for my debts

    my credit cards that are only under my name?

    Douglas’s Answer

    Generally a credit card company will only go after the person whose name the debts are in so your spouse would be safe. But if they file suit and get a judgment then it is true that your share of community property could be at risk. Contact an attorney to analyze your situation to see if a bankruptcy is a good idea or not.

    You could file a bankruptcy individually to discharge the debts and get a certain peace of mind from not having to worry about these debts anymore

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  • Judgement

    I have a civil judgement against me for a large cash sum > $10,000. Unfotunately I lost my job and am currently unemployed. The opposing party has filed for a Judgement Debtor Hearing more than 2 months after the judgement? Can they still coll...

    Douglas’s Answer

    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 ask you about all income, assets, bank accounts etc. under penalty of perjury. I recommend filing before the hearing in two months after you speak to an attorney about all the particulars of the case.

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

    I have an sba loan with 100k left with a lien on my home, 2 bank of america credit cards with total of 35k with personal guarantess, and amer express with no personal gurantee for 15k. I also have another job and make about 100k per year. What w...

    Douglas’s Answer

    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 that pizzeria that could be thrown in the bk too.
    I would be glad to talk to about this. E-mail me at farquharesq@yahoo.com or visit my website at www.farquharlaw.com.

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