Shelly Crocker’s Answers

Shelly Crocker

Seattle Bankruptcy Attorney.

Contributor Level 11
  1. Student Loan

    Answered over 6 years ago.

    1. Shelly Crocker
    1 lawyer answer

    A bank account can be garnished by a collection agency, meaning they can take all your money from the account, but only after they get a judgement and a writ of garnishment. You should have received several sets of papers from them, and if you did not, you might want to go to the court house and ask them to let you see your file. A lawyer might be able to help deal with the judgment, but it would probably be fairly expensive. We have an article about dealing with debt collectors on our...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. Interest on a Private loan

    Answered over 6 years ago.

    1. Shelly Crocker
    1 lawyer answer

    This sounds terribly wrong to me, and I am sure that you have recourse, but there is not enough information here to give you appropriate legal advice nor is the Internet the best venue for the advice and help you will likely need. For instance, you say your husband gets a "paycheck" but if he is an owner/operator, it might not technically be payment for wages. If he is getting paid for wages, he has more rights than if the payments are contractual. In addition, it sounds like California law...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Washington state bankruptcy

    Answered almost 7 years ago.

    1. Shelly Crocker
    2. Noel Pitner
    2 lawyer answers

    Since the new bankruptcy law was enacted in 2005, people with income in excess of the median for the state may not be eligible for a Chapter 7, and would be required to file a Chapter 13 instead and make payments over time. So, as a threshold matter, we would analyze your income and your eligibility under the means test. The types of debts you mention are generally dischargeable in bankruptcy, but there can be special circumstances. We usually like to meet with someone in person before we...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Garnishment

    Answered almost 7 years ago.

    1. Craig Edward Kennedy
    2. Shelly Crocker
    2 lawyer answers

    Bankruptcy is often the only way to get a fresh start financially. You may want to start by looking at our website for Resolve Legal. One of the primary purposes of bankruptcy is to allow families who have gone through tragedy to recover, and you should at least investigate whether it is right for you. I'm sorry for your losses.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Foreclosure with a home equity line of credit

    Answered almost 7 years ago.

    1. Shelly Crocker
    1 lawyer answer

    If the holder of the first mortgage forecloses, the second can still usually pursue you for payment of the debt on the second. You may want to keep paying on the first long enough that the second is the one that forecloses, but in the current environment, not all lenders are foreclosing quickly. You may want to try for a "short sale" where the lenders agree to take less than they are owed. As a last resort, you might want to consider bankruptcy.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Breaking lease agreement

    Answered almost 7 years ago.

    1. Shelly Crocker
    1 lawyer answer

    It is so hard to answer this kind of question without more information, and without actually reading the lease. You could try reading the lease carefully yourself, and deciding if there is anything in there that allows you to escape the penalty. You could try consulting a free lawyer at the King County Bar Association Debt Clinic. For an appointment, call (206) 267-7070 from 9:00 a.m. to 12 noon Monday–Thursday. You could try talking directly to your landlord, but I would definitely read...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Un-do bankruptcy?

    Answered about 7 years ago.

    1. Shelly Crocker
    2. Brian J. Passante
    3. David Leibowitz
    3 lawyer answers

    Any inheritance you receive within 6 months’ of filing is property of the bankruptcy estate, and your trustee will want to collect the inheritance and pay creditors through the bankruptcy. You could make a motion with the court to dismiss the case, and the court could rule in your favor, depending on the other circumstances. Once the bankruptcy has been filed, it will probably not come off your credit report, but the fact that all creditors get paid in full should also be reflected, or you...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered almost 3 years ago.

    1. Christopher James Baum
    2. Shelly Crocker
    3. Gary D. Bollinger
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  9. Does my Bankrupsy need to be discharged before I get married ?

    Answered almost 2 years ago.

    1. Gregory J. Jerabek
    2. Dorothy G Bunce
    3. Shelly Crocker
    4. Matthew Erik Johnson
    5. George Jay Jensen Jr
    5 lawyer answers

    I agree that it makes sense to file before you get married if possible. I would add the importance of discussing financial matters with your fiance sooner rather than later. Money is the least talked about subject in our culture, and it is so important to have open communication about financial issues.

    1 lawyer agreed with this answer

  10. How can i stop a wage garnishment?

    Answered over 2 years ago.

    1. Steve Dashiak
    2. Dorothy G Bunce
    3. Shelly Crocker
    4. Malissa Linn Walden
    4 lawyer answers

    In Washington state, most debts accumulated during marriage are community debts, and thus you would be liable. Garnishment is often a good reason to file a bankruptcy, and would stop the garnishment. A qualified bankruptcy lawyer would be able to advise you about the consequences and benefits of filing. Good luck.

    1 lawyer agreed with this answer