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Shaye Larkin
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Shaye Larkin’s Answers

3,938 total


  • Can a person file chapter 7 if in prison in NY

    my son is in prison and would like to know if he could file chapter 7

    Shaye’s Answer

    Being an inmate in prison is not an impediment to filing bankruptcy. He may have to request permission to attend his bankruptcy hearing by telephone, but that should not be a problem.

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  • What options do I have when filing an answer to a civil action summons? Should I file bankruptcy to stop garnishment?

    I have just been served with a civil action summons for an old credit card debt. I do not have the money to pay the debt. $(1200.00 from 2012) I have just started back to work after being out of work for 2 1/2 months due to a lay off.

    Shaye’s Answer

    The first thing you should do is take the summons and complaint to a collection defense attorney and have them look it over. It is very possible you have some defenses/objections you can raise which could cause the suit to be thrown out. $1200 is not an amount you would normally want to file bankruptcy over, but if you have other debts as well, bankruptcy could be an option. First find out if this is even a viable suit.

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  • How much would a lawyer charge to help you with the bankruptcy process?

    i want to file bankruptcy but I don't know if I can afford a lawyer.

    Shaye’s Answer

    Prices vary depending on the attorney but the most important thing is that you get someone who is both experienced and reputable.

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  • I've just been served with papers. I was not around. Someone called me to alert me. What should I do?

    I'm in terrible debt. Most of it is Consumer related. My student loans have been consolidated

    Shaye’s Answer

    It's definitely time to call a bankruptcy attorney and schedule a consultation. There are many reputable ones on this website, but conduct your search carefully. This is a great place to find an attorney because you can look at the experience of the attorney as well as how they are viewed by their clients. You'll be happy to know that most bankruptcy attorneys give a free initial consultation.

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  • I would like to declare chapter 7 bankruptcy. However I cannot afford an attorney. I would like to declare chapter 7 myself.

    I just bought Nolos book on Chapter 7 bankruptcy. Can anybody recommend some seminars or courses on declaring Chapter 7?

    Shaye’s Answer

    Good for you in wanting to educate yourself about bankruptcy before filing pro se. Bankruptcy law takes many years to master even by taking seminars and courses which we lawyers take. This is because every case is different and even with many years of experience, new things come up all the time in bankruptcy law. You can check your local community college to see if they have a course on bankruptcy law, but you should still get a consultation with an experienced bankruptcy attorney anyway as your case may be more complex than you are aware and if you make a mistake in your bankruptcy case it can be very expensive to fix after the fact, if it is a fixable mistake.

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  • What happens if I just filed but forgot one creditor.

    I do have an attorney but I cannot reach him over this weekend and am stressing. I reviewed and signed the petition on Thursday and the attorney was going to file it electronically after I left. I just realized that although he knew about it, I ...

    Shaye’s Answer

    You can simply file an amendment with the court to add the creditor in. I cannot guess what your attorney will charge for this service. If his fee is too high, you can file the amendment in person at the clerk's office without his help.

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  • How much is it to File Chapter 7 Bankruptcy?

    I Filed Chapter 7 Bankruptcy in October 2008, what's the earliest I could File again?

    Shaye’s Answer

    You may file a Chapter 7 again once at least 8 years have passed since the date of your prior Chapter 7 filing.

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  • How can EDD offset UI that was discharged in BK 14 yrs ago? Can this be legal with a discharged BK and Statute of Limitations

    Moved from California to Tennessee in 1996, husband came shortly after and rec'd unemployment for 6 mos. In 2000, EDD said he was overpaid as he was not entitled to it bc he had quit a job. He didn't quit a job, he worked for a temp service and a...

    Shaye’s Answer

    This attorney has written an excellent, thorough article on this very issue: http://www.fremont-bankruptcy-attorney.com/blog/2014/can-my-edd-overpayments-be-discharged-in-bankruptcy/

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  • If I did not reafirm my Home loan and continue to make all the payments until it's paid off. Do I own the home or does the mor?

    .

    Shaye’s Answer

    You own the home. Reaffirmation only has to do with the personal liability for the mortgage. So long as you are the title owner and continue making the mortgage payments, and pay the home off, at the point all the payments are made on any outstanding secured claims, you will own it free and clear.

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  • I filed a Chapter 7 and was discharged last May. I was wondering if I can file A Chapter 13 now.

    I was terminated last October due to a lack of funding for the project I was working on. My cash flow took a big hit and I need to renegotiate the terms of some of my obligations.

    Shaye’s Answer

    Assuming you meet the eligibility requirements, you can file a Chapter 13 at any time. It's just that if it has been less than 4 years since your prior Chapter 7 was filed, you won't receive a discharge in the Chapter 13 and any debt that is not paid through the plan will remain owing with the Chapter 13 case ends, plus accrued interest.

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