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Shelly Crocker

Shelly Crocker’s Answers

123 total


  • I am getting married and my fiance has a child but has never had to pay child support. Can i be garnished for child support.

    Hes never had to pay child support but feels once his childs mother finds our she will try and file. Just wondering can my wages be garnised if she chooses to file.

    Shelly’s Answer

    Any child support obligation would be separate debt, and your wages cannot be garnished for his debt. Certainly, his prior debts will impact your overall financial picture, and so honest conversation about money before you get married is always a good idea. Good luck and congratulations!

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  • Settling a credit card account

    I have a lot of credit card debt which I have not paid in over a year. I have one very small debt that is about $900. If I pay this off will the rest of the creditors be after me even more, when they see this on my credit report as paid in f...

    Shelly’s Answer

    Although I agree with the other attorneys that paying debt that would be discharged in a bankruptcy might be a waste, there are many reasons people have for choosing to pay something even when they can't pay all of their debts. If you think it is possible that you are going to end up in bankruptcy, you might want to continue to research all your alternatives first. On our website, we have an article about What to Pay, i.e., what order to pay things in. The link is below. Good luck, Shelly

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  • What is the statutes of limitation for old debts - credit cards?

    I owed some debts on a credit card and the last payment was made in Feb 2009. What is the statutes of limitation for Washington state? 3 or 6 years? What will happen if my debt was sold to another collector? Please help!

    Shelly’s Answer

    As has been said, it is SIX YEARS from the most recent payment of any kind. A recent case decided, however, that it was not illegal for them to try to collect after that date, and so you may have to be vigilant even after the six years. If you cannot come to an agreement with the creditor on your own, seek legal advice.

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  • Harassment after bankruptcy discharge

    I had a packaged shipped on my UPS account which is automatically charged on my debit card. On Friday a UPS inspector contacted me to have the package inspected at 11am on Monday. She then later called back and request earlier; it was scheduled at...

    Shelly’s Answer

    I agree with the earlier answers, but also wanted to explain that a discharge injunction prevents a former creditor from taking action to collect on the discharged debts. The creditor may deal with you in the usual course of business for new activity, and may also act to enforce its other rights and responsibilities not related to the debt. On the other hand, common carriers are regulated by various statutes and regulations, which could apply here. Good luck to you straightening this out.

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  • How much will it cost to file bankruptcy?

    Will I lose my car if i decide to do so? I lost my job over a year ago and have a lot of credit card debt. Should I file chapter 7 or 13 and what's the difference?

    Shelly’s Answer

    Many bankruptcy attorneys offer an initial free consultation. I have attached a link to Resolve Legal, our consumer bankruptcy firm, that does offer such a meeting, but other firms do as well. My understanding is that the average fees for a Chapter 7 in the Western District of Washington start at about $2,500 and can be higher or lower than that depending on your circumstances. Bankruptcy is a big decision, and finding a good lawyer to help can make a big difference in how your case comes out. Good luck to you.

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  • Car repair before filing bankruptcy

    One of our old cars needs new tires and possibly a radiator repair. We plan on filing in a few weeks. Can we go ahead and get the repairs done?

    Shelly’s Answer

    • Selected as best answer

    If it isn't obvious from what has been said, if you are paying cash, these expenses should be fine and will not likely create any problems. Keep receipts just in case the trustee wants to see them. If you charge these on a credit card, after you have begun planning for a bankruptcy, it could be construed as a nondischargeable constructive fraud, and that could be a problem. You cannot intentionally incur debt that you know you will not pay in advance of a bankruptcy filing. Hope this is clear, and good luck to you.

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  • In a chapter 11 how many days from the order do I have to file an appeal?

    Is it 35 days what day is day one of the 35 days? Is it just the notice of appeal that is required by the 35th day?

    Shelly’s Answer

    Its probably NOT 35 days! I think Mr. baum's answer is correct, that it is 14 days, but we really don't have enough information to be certain. If you cannot pay for an attorney, you may be able to get assistance from your local bar association or a legal services clinic.

    Winning an appeal is a long shot for the most experienced lawyers, and obtaining good legal help will be important. Best of luck to you.

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  • NSF fees on bank account while filing ch13

    I retained an Attorney for ch13. In the meantime, I have payday loans hitting my account and making the account negative more each day. Bank would not clise account prior to it going negative due to owing them a direct deposit advance. Do I just l...

    Shelly’s Answer

    Yes, the negative history will stay on your credit report. Additionally, banks can assert criminal liability for overdrafts that will not be resolved, even by your bankruptcy. You don't say why you have to delay your filing, and without additional information I cannot give you specific legal advice, but you may want to consider filing your case sooner rather than later. Good luck to you!

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  • I surrend the property in my chapter 7 but Home owner Associations are keep sending me bil's

    Do I have to file a quitclaim? and send a copy to them?

    Shelly’s Answer

    Unfortunately, this can be a real problem, as generally your postpetition homeowners dues will not be discharged. You may want to cut a deal with the HOA. I am assuming that when you surrendered the property, you vacated the premises, so they may have an interest in helping you sell it or reach an agreement with the Bank. Your Chapter 7 lawyer should help you with this issue.

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  • What is the bankruptcy rule 7004 and a certificate of service

    I FILED A LETTER (MOTION) I THEN GOT THIS PAPER MOVING PARTY SHALL SERVE A COPY OF THIS ORDER AND MOTION UPON ALL PARTIES FROM WHOM RELIEF IS SOUGHT OFFICE OF THE US TRUSTEE AND EXAMINER AND FILE A CERTIFICATE OF SERVICE WHAT DO I NEED TO DO????

    Shelly’s Answer

    This sounds like you are involved in an adversary proceeding and you will most likely need a lawyer to help you navigate the various procedures. In Pennsylvania, there are lots of lawyers willing to help on a pro bono (free) basis. You could contact your local Bar Association and ask them to direct you to such assistance.

    Usually, with these kinds of orders, there is a short timeline, so don't delay. All the best of luck to you.

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