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Brian Crozier Whitaker

Brian Whitaker’s Answers

1,390 total


  • Is it legal for a student loan to report that your late on your credit report when your in chapter 13

    my credit report shows a 120 days late for the last few years I was in bankruptcy

    Brian’s Answer

    If you're asking whether it is a violation of the automatic stay to report a fact, which is true and correct, regarding a non-dischargeable debt ... the answer is 'no'.

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  • Can past due California state taxes be eliminated through bankruptcy?

    I have back taxes with the state from the 1990's. The last statement was approx. 5 to 8 years past. It was for approx. $30,000.00. I owe the Treasury $4,500.00 and am paying them $67.00 per month. I have no other debts. Zero! I have healt...

    Brian’s Answer

    Income taxes from the '90s would definitely be dischargeable as long as you filed those returns before the IRS filed them for you.

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  • Lein against personnel property in place of deed in lue of foreclosure

    Raw piece of land sold in 2009 has gone into default. Prices I'm getting for deed in lue ofare more than I can afford. Can I place a lein against there personnel homes in a way to get them to sing the deed in lue of foreclosure and not spend the $...

    Brian’s Answer

    A deed in lieu of foreclosure is something the debtors would sign voluntarily and is not that expensive.
    It sounds like you want to persuade them to sign such a deed rather than force you to go through the foreclosure process. Since a foreclosure is something that would go on their credit records, perhaps just the initial steps to foreclose would accomplish that, ie., file a Notice of Default.

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  • I have a derogatory mark on my credit score due to not paying can I get it removed by having a lawyer dispute it and paying

    I owe about. 600 which I'm willing to pay in full

    Brian’s Answer

    If it's only $600, you should pay it or settle it so that your credit report no longer shows a balance due.
    Then, you should dispute the past due entry with the credit reporting agency (you can do this online if you prefer ... you don't need a lawyer). If the CRA cannot verify the negative entry within 30 days, they must remove it. If it's already paid, there's a good chance that the creditor will not bother verifying it.

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  • Does a official bankruptcy need to be filed to clear past?

    I am currently involved in a domestic violence divorce (24 yrs) - areas involved include physical, financial and personal & bus tax liens. Personal & business credit cards and loans were issued & used without my knowledge. Now that all 2...

    Brian’s Answer

    Your reference to 2009 suggests that you are aware of the 4-year Statute of Limitations which bars any lawsuits to collect on a 4-yr-old debt. Assuming lawsuits were never filed and no judgments were issued, then you are safe from collection efforts such as wage garnishments and bank levies. But, you still owe the money and the creditors can continue to ask for their money and the debts can remain on your credit report for another three years. Only a bankruptcy can discharge your liability for the debt(s). Some credit repair companies, however, may be able to remove some, or most, of those items on your credit report.

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  • Why would I hire an attorney that could assist me with credit repair? Is it similar to hiring a debt consolidation company?

    I know that those debt consolidation companies just negotiate a lower settlement with the credit card company. Is there anything different an attorney could do in terms of credit repair?

    Brian’s Answer

    You can't "repair" your credit if you still owe the debts and it's been less than 7 yrs since you defaulted; but you can attempt to repair your credit once the debts have been discharged in bankruptcy or settled. Keep in mind that settlement involves a lot of money up front. I don't know any attorneys who charge money for credit repair ... because it's not guaranteed and whatever they might offer to do you could do yourself.

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  • I was laid off and currently receive unemployment benefits. Can I file for bankruptcy chapter 13?

    Not sure if you need to be employed to file chapter 13.

    Brian’s Answer

    The short answer is - yes. Why are you asking about a Ch13 and not a Ch7? Did you do a Ch7 less than 8 yrs ago? Do you have assets you don't want to lose?

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  • Who owns the house when Foreclosure is not completed? "Zombie Title"

    I had a mortgage with Indy Mac Bank & filed for CH7 BK in Jan 2012. In March 2012, before my BK was discharged, my deed was transferred to One West. No one contacted me until 9/2013 when a Realtor knocked on my door and said my house was now owned...

    Brian’s Answer

    If the Trustee's Sale was postponed or cancelled and you are still on title, then yes - you can move back in.
    But be prepared to file a Chapter 13 if you want to try to stay in the house.

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  • Collection agency advised me they sent the request for wage garnishment on 11/5/13 but I havent heard anything from my employer

    I know there is a judgement from a old debt and we are not arguing it. But should the person I am helping heard something already or does it normally take this long for CA? And if he is lying to persuade the person I'm helping to pay for it or get...

    Brian’s Answer

    Hearing nothing from your employer is a good thing. If you do, though, a bankruptcy will stop it.
    Whether that makes sense depends on whether you can live without 25% of your after-tax income for a while, how much the judgment is for, and how much other debt you have ... not to mention a number of other questions as well.

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  • How do I know if I should do credit counseling, a debt management plan, or a debt negotiation program?

    Are there pros and cons for each one or do I need to have certain types of debt? Which one of these are the best options to help me get debt free? Is there a particular route that will help me lower my interest rates or my debt overall without...

    Brian’s Answer

    The best way is to speak with someone at length who is familiar with them - such as your local bankruptcy attorney. Certain types of debts are non-dischargeable in bankruptcy (mainly student loans, recent income taxes, & domestic support obligations); so if those are your primary debts, then BK may not be the best way to go. Credit Counseling will not get you debt-free. The other programs MAY get you debt-free after considerable cost and a plummeting credit score. Also, there are factors to consider when determining if you even qualify for Chapter 7 BK.

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