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T Kevin Dougherty

T Dougherty’s Answers

7 total

  • Can a fine for shoplifting be doubled and or tripled if the final payment was ten days late? Fine issued by Palmer, Reifler & As

    My 17 year old daughter was stopped by security in Walmart for attempting to take some face makeup from their store. They asked her to write a statement saying that she was shoplifting so they would not press charges against her. Security called m...

    T’s Answer

    I am a Bankruptcy Attorney here in Salinas. We are a debt relief agency. We help people file for relief under the Bankruptcy Code, and have been doing so for over 20 years. My answer will be related to getting rid of debt in Bankruptcy. Your situation does not sound like a court ordered fine. Who sent “The letter came and said her fine was $250.” If this is not a court ordered "fine," the debt is dischargable in Bankruptcy.

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  • Do my chapter 13 payments have to be payroll deducted or can I choose to have them electronically transferred from my chck acct

    Can I keep my chapter 13 payments somewhat anonymous? I need to file for chapter 13 due to major financial difficulties. I do not want my employer to find out. Was told by my attorney yesterday that my chapter 13 payments would have to be payroll ...

    T’s Answer

    Your Local rules may require a payroll deduction. If so talk to your boss and let them know that you are fixing your debt through an authorized Federal program. Tell your boss (if he/she asks) that chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection. Chapter 13 is an Individual Debt Adjustment. Chapter 13 is the chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor pay debts over time.) Your Boss does not need to know any more than that.

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  • Received a certificate summary judgement filed by EDD. Haven't missed a payment. Is that legal if I've never been deliquent

    Will the judgement show up on my credit? Is there any way to get the judgement reversed/withdrawn if I can prove that I've made monthly payments in the amount EDD requested?

    T’s Answer

    I practice Bankruptcy Law in Salinas so I will limit my answer to my area of experts. In Bankruptcy, This is either a secured debt or an unsecured debt. Certain unsecured debts, like taxes can be a priority. In Bankruptcy we can, in most cases stop collections on debts and in a 13 deal with ALL debts. Come see me for a free consultation and you and I can get into to more of your specifics.

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  • Just became unempolyed but hoping to get my job back before long .How long in mouth can i fall behide before filing chapter 13 .

    I owe about 20 thousand or more with out cars an home . With cars an home about 70.I would just like to know how far in the red can i go . I filed of unempolyment but it will not go far .

    T’s Answer

    This is a common problem in today’s economy. I see clients like you everyday and advise them to start today before they take your car. Most attorneys will have a free consultation of about 15min. to 30 min... The total debt clearly warrants looking into bankruptcy and chapter 13 provides the most flexibility. Get a comprehensive review of your situation.

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  • I filed bk 13 missed 1 document and it was dismissed after relief of stay was filed by bank. the judge granted the relief is tha

    thought it would be off calendar

    T’s Answer

    The bottom line is there is no harm and no file if the case was already dismissed. Get a good lawyer before refiling a new case.

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  • Is there a good possibility i could purchase a home in my 24th month of a chapter 13?

    some say its a good possibility and that some mortgage companies will work with you, to buy a home, because you have gotten rid of some of your debt and that you are makinpayments on time to your trustee

    T’s Answer

    My clients ask this question quite often. You need to find out what the lender's requirements will be in you situation. It is likely that in today’s economy the lender will require a large down payment. That large down payment could trigger problems in your 13. Why should you be able to get rid of some or all of your debt and still be able to save for a real property? Talk to your lawyer. You may want to finish the 13 first and get the full discharge of your debts before purchasing a home. Talk to your lawyer.

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  • Hi, i am wondering what happens when you file a divorce while in CH 13. The husband lost his job 2 years ago and has not paid.

    But I have continued to pay almost $1100.00 a month from my check which includes his child support. The house doesn't matter to me, the only thing I would like is my car which still has a balance of around $1100.00 on it and some of the furniture ...

    T’s Answer

    The first step is talk to YOUR lawyer and explore Your options. Your BK case must be complex to warrent an $1100/ month plan. You need to do what is best for you.

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