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Ivan Trahan

Ivan Trahan’s Answers

19 total


  • How long after I file my bankruptcy petition are the notices sent to creditors? And do the notices stay actions by creditors?

    I just started a new job and am concerned that a creditor might impound my meager bank account before my bankruptcy becomes final. So far, only 1 creditor has filed a notice (3 weeks ago) that they intend to petition for a hearing on a judgment.

    Ivan’s Answer

    They usually get the notice within a week or two. You get a notice, too, so you can gauge the day they received it by the day you receive it, more or less. In most cases, however, the stay goes into effect upon filing the petition.

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  • American express has a judgment agents me and are demanding bigger payments then I can make please read more below for the story

    they leveed my account already im making payments but they keep wanting more and wont except less and now they are threating to enforce the judgment and start to levee more and take assets what are my options?

    Ivan’s Answer

    If you meet the income requirements, you can file a claim of exemption if they levy your bank account or garnish your wages. They should provide you with a blank form, but if they did not you can get one online. It comes with very detailed instructions as to how to do this. If you do not qualify for such an exemption, you should schedule a free consultation with a bankruptcy attorney who can advise you as to whether or not you qualify for bankruptcy and whether or not you should file. You don't say if you have any other creditors or how much money the judgment is for, so it's hard to tell. You also don't provide any information as to how much money you make and that makes it even more difficult to answer your question. You would benefit a great deal from consulting with an attorney in your area regarding your options and I suggest you do so, especially since it won't cost you anything.

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  • What is the minimum in credit card debt- school loans one must have to file? Want to keep home, but debt is insurmountabl

    Inquiring for mother in law. She is older and not in best of health. She is way upside down on home, but wants to keep it. Has owned for more than 25 years and is nowhere near to pay off. She barely makes enough to get by, working like 60+ hours a...

    Ivan’s Answer

    I agree with my colleagues that there is no "minimum" amount of debt required to file bankruptcy. If the amount of debt owed is nominal, that is always something to take into consideration when deciding whether or not someone should file bankruptcy, but there are many other factors that come into play as well. Your mother-in-law needs to have an attorney look at her finances and advise her in great detail as to whether or not bankruptcy is a good option for her. She needs to seriously consider whether or not continued ownership of her home is a wise move for her. Free consultations are available and she should make sure that the attorney she consults with offers something comprehensive -- rather than a quick meeting to tell her how much bankruptcy costs -- so that she can make some important decisions that might seem overwhelming to her at this point. If bankruptcy is her best option, a good attorney will advise her of that. A good attorney will also advise her if other options are available. Good luck.

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  • Are arrears regarding child support dischargeable in ch 7 filing?

    Have a judgment for arrears regarding child support owed to me. My ex-husband has filled for ch 7 bk in Las Vegas Nevada & has listed me as one of the creditors he owes. What do I need to do to show this debt is not dischargeable in a ch 7 filing?

    Ivan’s Answer

    I agree with my colleagues. Child support is not dischargeable.

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  • Does this sound like reasonable fees for Chapter 7 and 13?

    I don't want to waste time and money, but I just want a honest opinion because the bankruptcy attorney that I have are charging these fees for Chapter 7 and 13. I want to make sure I am not being rip off and will be fine. I don't have much time to...

    Ivan’s Answer

    The attorney fees are low.
    The court filing fee is right on.
    The credit report fee is reasonable.
    The homestead deed fee is low, if you actually need one.
    I have no opinion as to the competency of the attorney quoting you the fee, but it's certainly worth looking into. If you like the attorney and he or she has no record of discipline and has sufficient experience, I see no reason to exclude this attorney on the basis of quoting a low fee alone. Hiring an attorney is like buying a car. You can look at two cars that appear to be exactly the same, but when you open the hood there can be a world of difference. I suggest you open the hood. Good luck.

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  • Does a Judgement Lien Expire

    I have a judgement lien on my home that is 7+ year old, will it ever expire due to the length of time?

    Ivan’s Answer

    I agree with Ms. Robinson. A judgment lien expires in ten years, at which time it can be renewed.

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  • What type of attorney do i need?

    I have a judgement against me the attorneys are asking over 1800 more then the judgement what type of lawyer can i hire to help me with something like this???

    Ivan’s Answer

    You didn't mention how much the judgment is or whether or not you have other debts. If it's substantial and you can't pay it, you should consult with a bankruptcy attorney to find out whether or not bankruptcy is for you. Remember - the next step after a judgment is collecting on it, which usually includes wage garnishment, bank levies and the recordation of an Abstract of Judgment in the county in which you live. Once an Abstract of Judgment is recorded, that judgment will be paid out of the proceeds of future sales of real estate in that county. This kind of lien can be avoided in bankruptcy, but it will cost you more.

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  • Filed Chapter 7 in 2011 and just found out my mortgage was not reaffirmed.

    In my "Individual Debtor's Statement of Intention" It shows I checked the boxes that I wish to keep my home and that I intend to reaffirm the loan. My attorney says that it was my banks fault for not sending me the actual reaffirmation paperwork. ...

    Ivan’s Answer

    Generally, the lender does prepare and mail the reaffirmation agreement to the attorney when there is secured debt, but I don't know of any attorney that would advise their client to sign one for real estate. I wouldn't. Mortgage companies routinely tell debtors that they aren't reporting their mortgage payments to credit reporting bureaus because they didn't reaffirm the debt and that's what usually generates a question like yours.

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  • If a collection agency is trying to serve me with a summons? is it too late to file for bankruptcy?

    I don't have a job, or a permanent residence. I am searching for work. and don't want my wages garnished.

    Ivan’s Answer

    If you don't have a job, they can't garnish your wages. And, no, it's not too late to file bankruptcy, but you should get advice from a bankruptcy attorney as to whether or not you need to file right now.

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  • I filed chap. 7 pro se. failed to list bank accounts. filing amended schedules b & c . my mom's bank acct. was froze

    I am only a signer on her account to help her with her business. No percentage of her money belongs to me and bank statements reflect account is for her use only. Her bank account was froze, how do I get the freeze lifted. an attorney I spoke w...

    Ivan’s Answer

    I'll bet your mother banks at either Wells Fargo or Union Bank. They always freeze accounts.

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