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Guy David Chism

Guy Chism’s Answers

12 total


  • Can I be 6 days late in my chapter 13 payment?

    My current paycheck is short due to some unpaid sick days.

    Guy’s Answer

    All good answers by my colleagues! I would go one step further and ask yourself why the payment is late. If you are no longer able to make timely payments or the amount of payment is too much because your financial situation has changed, contact your attorney and ask him to refigure your budget and see if the payment can be modified at all. Its my experience that 6 days will not result in the dismissal of your case however its my experience that if one of my clients starts missing due dates on their chapter 13 payments its symptom of something else thats going on that most of the time can be addressed so easily and can keep the debtor for being stressed out. Some folks are just lazy, we can all be lazy but, like your rent and mortgage and car payments, your trustee payment is priority and due on time. You have paid your attorney good money to arrange a payment plan and get you to your next chapter in life. Best of Luck!!

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  • My ex somehow got a car from a dealership using my name, I did not sign any thing or was even present. now I'm in debt.

    divorced in 07. judge ordered her responcible for the debt of that car. I re married and started a fam. but still being called by Nelson & Kennard. trying to build up my credit but cant because of this. fraud and forgery is jail time but I have tw...

    Guy’s Answer

    My esteemed colleagues all have valid points however, before you go on the war path, you have the duty to inform the creditors in writing by certified mail that you are contesting this debt and that you want them to produce copies of the actual signed contract and agreements where the alleged forgery and misrepresentation happened. In some cases, its been my experience that when you ask for the contract and application copies, those whose heads may roll may very well clean up the mess for you with little or no further action. The creditors also have a duty to positively identify all parties to a contract and bill of sale. Most dealership car transactions are also caught on surveillance tapes as well. A well worded letter from you demanding these documents and proof of your signature and ID can go a long way and you don't need an attorney to assist you with that just yet. If you receive the fraudulent documents, I would approach the children's father and make a least a good faith request that he contact the creditor and straighten this entire thing out if he can. If he refuses and cannot, then it will be necessary to take the steps to protect yourself and your identity and your credit. These steps often include a police report, credit reporting agency notifications and obtaining any video and written evidence supporting your position. All my colleagues would most likely agree that attempting to clean this up without involving authorities may very well be the best method to preserve the status quo in your family and with your children. Worst case scenario, a police report and formal reporting of the forgery/identity theft will have to be pursued. A compassionate and professional attorney should be able to help you navigate your remedies as delicately as he can. This is an unfortunate event that is increasingly more common. Money is a precious commodity these days and I enjoy earning just as much as the next guy but the first steps to your remedy would cost you nothing and can be done by you prior to engaging the more costly services of one of us. I wish you the best and I hope that this can be resolved positively and no harm will come to your reputation or the relationship with your kids and their father.

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  • Im planning on filing bankruptcy in southern california im filing on 704 but i came across a problem i have to vehicles that im

    two vehicles im paying and they have no equity i owe more than there worth can i protect both vehicles. im scared and need an answer it says that we can only exempt for one vehicle

    Guy’s Answer

    My esteemed colleagues are correct, no equity, no exemption however what everyone of my colleagues have failed to mention is that most car note holders require a reaffirmation agreement for you to keep the car. This ties directly to your schedule I & J and whether or not you can truly afford the vehicles. Most car note holders do not allow you these days to pay and ride through bankruptcy. When presented with a reaffirmation agreement a presumption of abuse will arise or it will not arise. Depending on the financials, the presumption may arise and you will be forced to file a reaffirmation agreement with the court that will be reviewed by the judge and whether its in your best interests to keep the vehicles. You mentioned you owe more than they are worth. Hire a lawyer and get good consult as I have seen courts reject reaffirmation agreements. Reaffirmations are not a slam dunk anymore. I hope this additional information sheds light on exemptions for equity and presumptions of abuse on car notes that can be problematic for the debtor. GET AN ATTORNEY!!!!!

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  • Can i still collect from an open contract if i file bankruptcy?

    i was a sub-contractor as a sole proprietor & completed the project months ago but my retention has not been paid. i have filed bankruptcy chapter 7, included the business debts & am disolving the business. will i still be able to collect my ...

    Guy’s Answer

    • Selected as best answer

    Adding to Sallys response, disclosure is the key here. If you did not list these assets then the trustee cannot have abandoned them so I would recommend the very first thing you do is review your petition with your attorney and make double sure you properly and rightfully disclosed this money owed to you as an asset. While its preferable to exempt, if you were unable to extend your exemptions to the asset (i.e. you ran out of exemption money) then direct your attorney to access you files online and see if the trustee has abandoned all the assets back to you from the Estate.

    The trustee makes a judgement call in every case on things like this and may well choose to abandon the asset if the costs to liquidate are to high or the possibilities are remote. He/She makes that decision then files the abandonment with the court. To be safe, your attorney can file a motion to abandon at the very least to clarify any abandonment on file with the court.

    While I realize it is expensive to hire an attorney, if you had one in your case, contact him/her and just get clarification as to whether or not you can recover the monies you earned under contract with the GC.

    Also, you had asked in your question about whether or not he GC can refuse to pay because you are filing bankruptcy. That is a complex question and depends on how your attorney listed and treated your pre petition contracts you had with others. Please direct this question directly to your attorney as well.

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  • Filing bankruptcy while in the U.S.Navy?

    My husband is in the U.S.Navy since 2000 but some time in 2004 or 2005,he filed for bankruptcy. Is it ok to file a bankruptcy while in the military service?

    Guy’s Answer

    As a legal services attorney for JAG, my answer is going to contradict the non military attorney answers.

    This question comes up all the time in military service. The old school of thought was that a person filing bankruptcy while serving in the military was frowned upon. With all the foreclosures and credit situations facing our service members today, each situation is being reviewed individually by that service members command. Additionally, security clearances can be adversely affected by credit problems and bankruptcy filings. You would be best advised to contact a legal services attorney and to keep open line communications with your command. I have seen this work well when the service member is proactive. I have also seen service members' security clearances affected by adverse credit situations including bankruptcy. The military is a culture that few civilians understand. Get direction from a legal services attorney.

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  • My bank charges late fees when they "receive" a late mortgage payment of mine. My question is is the payment date the date they

    x

    Guy’s Answer

    please finish your question and resubmit, its hard to determine from your partial question what your actual issue may be.
    Thanks!

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  • I have a different first name on my birth certifiate and passport than every other document including social security, license

    what is the best way to correct this situation?

    Guy’s Answer

    This answer is not legal advice neither does it create an attorney client relationship, there is no substitute for seeking your own legal counsel.

    In this day and age, while many people go by many names, you increase the opportunity or probability of being stopped or slowed down when you engage or access any activities requiring positive identification. Many people have stage names or professional names however they carry proper identification that allows them to prove who they are legally and how that legal name relates to the name used. Airports are one area where if you were selected to under go additional scrutiny, you may suffer a delay while your names and alias's are verified prior to boarding an aircraft.

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  • I filed bankruptcy last year, still have a motorcycle that was included with the Chapter 7. Filed in Florida. What to do?

    I had to reluctantly file for Chapter 7 in Florida over a year ago, I listed the motorcycle on there and everything. (only thing I had to my name.) I provided the address and everything for the bike and no one has EVER come, called, tried to come...

    Guy’s Answer

    You would best be served by contacting your BK lawyer and reviewing the situation with him/her and ask them to make inquiry for you as to the status of your title or any liens against the vehicle. Your lawyer can advise you on how to proceed further and may even handle the entire thing for you. He/she would have been the one to advise and to work with you on any reaffirmation or surrender if there was such in your case.

    You paid him/her to represent you and prepare your case so he/she is most likely the most knowledgable about your set of circumstances and could guide you properly.

    Good Luck!!

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  • Bankruptcy

    How do you file for bankruptcy? Do you need a lawyer for that? When you do file does that mean that they will also take your house and cars? What if I cannot afford a lawyer? I lost my job and have no means to pay my credit card debts. Please advi...

    Guy’s Answer

    I would immediately arrange for a free consult with a local bankruptcy attorney. that attorney will be required by federally mandated law to give you disclosures regarding bankruptcy that will be a good start towards answering your questions and getting you underway to understanding the process and how to step through the bankruptcy filing. There are viable alternatives to bankruptcy that often can be a very good alternative however that will depend on your individual circumstances and your choices. When you leave from that consult you should not feel railroaded into filing bankruptcy. You should feel informed and educated about the process and confident to go home and think it over and formulate your own strategy to move forward or explore other alternatives provided for you in those disclosures.

    Only attorneys can give you legal advise!! Go in with your mind open, place the truth about your situation and finances on the table for the attorney and let him/her do the job they were trained to do for you. Follow your heart and learn all you can from the attorney so that you can make the decision the right one for you!

    Should you elect to hire an attorney, make them your partner in this process, be 100% truthful about all your assets and liabilities and listen to his/her advice. Having good legal counsel can be a very rewarding and educating process and you will be glad you did. If you are unable to afford an attorney, contact your local legal aide office in your area or your local bar association. Good Luck in your endeavor!!

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  • Can debt collectors access adjoining accounts due to my wife's debts

    My wife has accumulated dept through small businesses she has started and have failed. Dept collectors are calling and sending mail. I have excellent credit with a credit rating of 784. I have two banking accounts with money in each. My wife's nam...

    Guy’s Answer

    Your question is a very good one!! This answer is not to be construed as legal advice or retention of my legal services however, depending on the state you live in and the laws of community property you will need to research whether or not your state is a community property state and how debts accrued during a marriage in your state are viewed. I get asked this question alot. I would direct you to a local lawyer or your local law library where you could pull your state statutes and determine how, if any, your states local laws operate in this area and whether your state is a community property state. Then i would look to see if debt accrued during the marriage for the failed business is community debt absent any laws to the contrary. You might also want to see how the credit was obtained and whether or not your income was relied upon by the credit issuer to give credit to your partner for this business. I apologize if I have created more questions for you but your issue is a very common one and one that should be very important to you. The answer lies with your local legal counsel of your state bar and/or within the statutes of your state made available to you at your local law library. Best of Luck to you!!!

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