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Dainen N Penta

Dainen Penta’s Answers

64 total


  • Judgment for a credit card debt

    I have a court hearing coming up for a credit card and its for a supplemental preceeding. I don't make much as it I make anywhere from $90 to $150 a week and I'm a full-time college student my school is fully paid by the government. I'm also in t...

    Dainen’s Answer

    Wow, you're in a tough situation. Have you contacted an attorney to discuss your situation? Once you have a judgment against you, the creditor has a variety of ways to then collect, including garnishment. If you don't have the means to afford an attorney, you can get free legal help through the King County Bar's neighborhood legal clinics. In any event, you should speak with an attorney before the hearing so you know what your rights are and what options are available to you. You can reach the King County Bar debt clinic line at (206) 267-7070 from 9:00 a.m. to 12 noon Monday–Thursday.

    Good luck!

    Dainen N. Penta, Attorney
    Spencer | Anderson | Buhr PLLC
    dainen@spenceranderson.com
    http://www.spenceranderson.com
    +++++++++++++++++++++++++++++++++++
    This above is provided as general information only. It's not intended as legal advice, and you shouldn't take any action based upon it. To get legal advice, you need to contact a lawyer licensed in your state.
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  • Would filing bankruptcy stop a state tax judgement garnishment?

    I want to stop the garnishments.

    Dainen’s Answer

    Filing for bankruptcy will probably stop the garnishment, at least temporarily. However, the type of state tax you owe will determine the type of bankruptcy case you must file. A Chapter 7 case will probably stay the garnishment proceedings for a short time, but unless the tax is dischargeable, then you may need to file a Chapter 13. In a Chapter 13 you would set up a repayment plan with the help of your attorney, but "priority" taxes must be repaid in full.

    Since the priority and dischargeability of taxes can be quite complex, you really should consult with an attorney licensed in your state to determine whether bankruptcy is the best option for you. Someone who specializes in bankruptcy and tax issues should be able to help. Good luck.

    Dainen N. Penta, Attorney
    Spencer | Anderson | Buhr PLLC
    dainen@spenceranderson.com
    http://www.spenceranderson.com
    +++++++++++++++++++++++++++++++++++
    This answer is provided as general advice and information only. It's not intended as legal advice, and you shouldn't take any action based upon it. To get legal advice, you need to contact a lawyer licensed in your state.
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  • If I owe a debt to an online cash advance company, could my referrals also be held responsible for that debt?

    I've been contacted by a firm supposedly representing a legal firm concerning an ongoing debt that I have with an online cash advance company. One of my referrals contacted me stating that this same firm contacted him, stating that he and another...

    Dainen’s Answer

    The "referrals" you listed on your loan application cannot be held liable for your cash advance loan. You are the one who took out the loan and it is you that the loan company is looking to for repayment. This is just a technique for the loan company (or a collector) to get you to repay the loan.

    If you have other debt such that you might need to file for bankruptcy, you should seriously consider talking to a bankruptcy attorney in your area. Otherwise, if you do not want your friends and family members involved, then you will probably need to pay the loan or work out payment arrangements with the loan company.

    Dainen N. Penta, Attorney
    Spencer | Anderson | Buhr PLLC
    dainen@spenceranderson.com
    http://www.spenceranderson.com
    +++++++++++++++++++++++++++++++++++
    This answer is provided as general advice and information only. It's not intended as legal advice, and you shouldn't take any action based upon it. To get legal advice, you need to contact a lawyer licensed in your state.
    +++++++++++++++++++++++++++++++++++

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  • Under a Chapter 13, can I have more than 1 wage garnishment coming out of my payroll?

    I have my wages being garnished through a Chapter 13 repayment plan. I want to know if any creditor comes after me can they do a wage garnishment also.

    Dainen’s Answer

    Ordinarily, you shouldn't have creditors "coming after you" if you are currently in a Chapter 13 case, unless you are incurring post-petition debt (which the bankruptcy code and your confirmed plan say you are not allowed to do). If a creditor is contacting you on a pre-petition (pre-filing) debt, then you need to contact your attorney for advice on how to deal with the creditor.

    If the debt is one you incurred after filing, then you need to keep in mind that you are not allowed to incur post-petition debt. A post-petition creditor is not normally subject to the bankruptcy stay, and can proceed against you like the bankruptcy did not happen. However, you should talk to your attorney about options for possible ways of dealing with your post-petition creditor in your Chapter 13 case.

    Dainen N. Penta, Attorney
    Spencer | Anderson | Buhr PLLC
    dainen@spenceranderson.com
    http://www.spenceranderson.com
    +++++++++++++++++++++++++++++++++++
    This answer is provided as general advice and information only. It's not intended as legal advice, and you shouldn't take any action based upon it. To get legal advice, you need to contact a lawyer licensed in your state.
    +++++++++++++++++++++++++++++++++++

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  • Do I need a bankruptcy attorney?

    I live in california and cannot afford to pay a bankruptcy attorney. I am a smart woman. What are the risks of doing it myself?

    Dainen’s Answer

    The risks of handling your own bankruptcy are high. You might not go to jail for simple mistakes, but your case could be dismissed if you do not prepare your paperwork correctly or file the right forms. Your schedules must be accurate, and failing to complete them accurately could be cause for the court to deny your discharge, or you could lose property that the trustee will then liquidate to pay your creditors. Although preparing a bankruptcy case may appear to an outsider to be a simple matter, even in simple cases there are many details to attend to.

    Many of my clients get help from family members or friends (and yes, these loans must be disclosed on your bankruptcy schedules). If you are truly destitute, you should look for a number for your local Legal Aid society or even the bar association, and they will be able to point you towards local sources of free or low-cost legal help.

    Dainen N. Penta, Attorney
    Spencer | Anderson | Buhr PLLC
    dainen@spenceranderson.com
    http://www.spenceranderson.com
    +++++++++++++++++++++++++++++++++++
    This above is provided as general information only. It's not intended as legal advice, and you shouldn't take any action based upon it. To get legal advice, you need to contact a lawyer licensed in your state.
    +++++++++++++++++++++++++++++++++++

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  • Consequences for not disclosing prior bankruptcy on loan application

    I filed Bankruptcy in 1994, It was the type that I paid back I believe around 5,000 of a 20,000 dollar dept, across alot of cc and other stuff, Now 15 years later, Ive always had a good job, but stayed away from any credit. I tried to buy a small ...

    Dainen’s Answer

    You shouldn't lie about having filed for bankruptcy. However, what you need to do is re-establish your credit. You state that you filed 15 years ago but that "I've stayed away from any credit." It is likely that your mortgage application was denied because you have made no effort to rebuild and reestablish your credit post-bankruptcy.

    A bankruptcy case is just one element of your credit score. Yes, the effects are serious and can sometimes be long-lasting, but the reason you filed for bankruptcy was to get a fresh start, and in your case repay what you were able to. However, you need to take your fresh start and move forward from that.

    I often recommend to my clients that they talk to their bank or credit union about establishing a secured credit card. You deposit a small amount with the bank and you cannot access the funds. You are then issued a card and your credit limit is then the amount on deposit with the bank. This is a great way to build a credit history if you have a poor credit history for any reason.

    Your public library should have some great books on how to rebuild your credit and improve your credit score -- and they're free to borrow! Good luck.

    Dainen N. Penta, Attorney
    Spencer | Anderson | Buhr PLLC
    dainen@spenceranderson.com
    http://www.spenceranderson.com
    +++++++++++++++++++++++++++++++++++
    This above is provided as general information only. It's not intended as legal advice, and you shouldn't take any action based upon it. To get legal advice, you need to contact a lawyer licensed in your state.
    +++++++++++++++++++++++++++++++++++

    See question 
  • Can I file bankruptcy after my divorce that has a hold harmless clause

    Can I file a bankruptcy after my divorce, with a "hold harmless" clause?

    Dainen’s Answer

    Yes, you can file bankruptcy even if your divorce decree has a "hold harmless" clause. A common situation I encounter with my clients is that they got a divorce and divided their debts. Neither can truly manage on their own and so eventually, someone needs to file for bankruptcy.

    The way the "hold harmless" clause allows your ex to ensure that you are paying debts you agreed to pay. For example, if you agreed to pay 1/2 of an American Express account in your divorce decree, and then stopped paying, your ex can use the courts to enforce your agreement to pay that account.

    Generally speaking, the obligation to your ex-spouse created by the "hold harmless" clause is not discharged when you file a Chapter 7 case (if you otherwise qualify). However, you may be able to file a Chapter 13, which would discharge the obligation created by the hold harmless clause. A good bankruptcy attorney will look at your divorce decree and provide you with answers that apply to your specific situation, and recommend the best course of action.

    Dainen N. Penta, Attorney
    Spencer | Anderson | Buhr PLLC
    dainen@spenceranderson.com
    http://www.spenceranderson.com
    +++++++++++++++++++++++++++++++++++
    This above is provided as general information only. It's not intended as legal advice, and you shouldn't take any action based upon it. To get legal advice, you need to contact a lawyer licensed in your state.
    +++++++++++++++++++++++++++++++++++

    See question 
  • Debt repayment vs. bankruptcy

    I have recently lost my house to foreclosure and now I still am $22,000 in credit card debit. I have been on my recent job for only 2 years and I do not make much. Drowning in debt and have no clue on the foreclosure if they are going to come af...

    Dainen’s Answer

    It's likely that bankruptcy is your best option at this point. If you "do not make much" at your job, it would be extremely difficult to set up and manage a debt repayment plan through a credit counseling service. Additionally, the damage to your credit is already done, and as you've indicated you could have liability depending on the circumstances of your foreclosure and the laws of Minnesota. Contact a bankruptcy attorney soon -- the last thing you want is to have your wages garnished. Good luck.

    Dainen N. Penta, Attorney
    Spencer | Anderson | Buhr PLLC
    dainen@spenceranderson.com
    http://www.spenceranderson.com
    +++++++++++++++++++++++++++++++++++
    This above is provided as general information only. It's not intended as legal advice, and you shouldn't take any action based upon it. To get legal advice, you need to contact a lawyer licensed in your state.
    +++++++++++++++++++++++++++++++++++

    See question 
  • Debt in CO

    Is Colorado a state that debt is no longer due after 7 years?

    Dainen’s Answer

    It's a common misconception that debts somehow "disappear" after 7 years. All states have statutes of limitation which bar claims brought after a certain time. However, the length of time varies depending on several factors including the type of debt.

    The "7-year rule" that many people are aware of refers to a provision of the federal Fair Credit Reporting Act. The rule states that "consumer reporting agencies" (generally, credit bureaus) may not report negative information once 7 years have elapsed from the date of the delinquency. This does not mean the debt is no longer due, it just means that CRAs can't report information any more.

    After 7 years the statutes of limitation have very often run their course. However, once sent to collection and/or written off, debts are sold, and sold, and sold again, and different collection agencies will keep the debt "alive." This is often referred to as "zombie debt." The debt may not be legally collectible, but many collection agencies receive little or no information about the original debt, and the collection calls continue long after the debt should be "dead for good."

    Dainen N. Penta, Attorney
    Spencer | Anderson | Buhr PLLC
    dainen@spenceranderson.com
    http://www.spenceranderson.com
    http://seattlebankruptcyblog.blogspot.com
    +++++++++++++++++++++++++++++++++++
    This answer is provided as general advice and information only. It’s not intended as legal advice. I recommend that you contact a lawyer licensed in your state who can discuss your situation in detail with you.
    +++++++++++++++++++++++++++++++++++

    See question 
  • Judgments

    My husban and I took out a personal loan for 12,000. at his daughters request because she was so behind on her bills. She paid the payments maybe for about 5 months and then started paying them late and then not paying at all. In the meantime she ...

    Dainen’s Answer

    Suing your husband's daughter would make for a very tense family situation, obviously. It's usually a losing gamble to lend your credit to someone who can't get credit on their own. Sadly, your own bankruptcy might have been avoided if daughter had filed.

    I doubt that suing your husband's daughter would accomplish anything. Your bankruptcy attorney should have disclosed the potential claim (against daughter) on your schedules. If the bankruptcy trustee thought that going after your husband's daughter would have been worthwhile, s/he could have and probably would have done so. Plus any promise daughter made to you (to make payments on the loans) would be a general unsecured claim, as far as I can tell, and would be discharged if daughter filed for bankruptcy.

    Consider this one of life's tough lessons, and I hope you'll think long and hard before lending your credit to family members in the future.

    Dainen N. Penta, Attorney
    Spencer | Anderson | Buhr PLLC
    dainen@spenceranderson.com
    http://www.spenceranderson.com
    http://seattlebankruptcyblog.blogspot.com
    +++++++++++++++++++++++++++++++++++
    This answer is provided as general advice and information only. It’s not intended as legal advice. I recommend that you contact a lawyer licensed in your state who can discuss your situation in detail with you.
    +++++++++++++++++++++++++++++++++++

    See question