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Shelly Crocker

Shelly Crocker’s Answers

123 total


  • How long do discharged debts stay on your credit report in the state of Washington

    We filed bankruptcy Chapter 7 in the state of Washington, but signed off before it ever went to trial. The credit card debt that was reported discontued the monthly statements at that time. It has been six months, we have not had any contact ...

    Shelly’s Answer

    Your question is confusing -- it sounds like you did not use a lawyer. If you filed pro se (without a lawyer) then you should have been receiving notices from the court in the mail. There is no trial in a standard Chapter 7 case, so I'm not sure what happened. If you got a discharge, you would receive notice of it. To obtain a discharge, you are required to complete a personal financial management class.

    You could go to the Clerk's office and look up your case number and see what it says. You could also try the King County Bar Association Debt Clinic -- a free half hour with a lawyer. Just call the bar association for an appointment. Good luck to you.

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  • Can I file for bankruptcy in a state where I do not own any real property

    If I were to file for bankruptcy, could I do so in a state where I own no property? I currently work and pay taxes in AZ but own property (a home) in OR.

    Shelly’s Answer

    For an individual, you are required to file in the state where you have resided for the greatest portion of the last six months, which it sounds liks is Arizona. The rules for what property will be exempt depend on where you lived two years earlier. These and other questions are generally compex, and I would urge you to see competent legal advice from a bankrutpcy lawyer in your jurisdiction.

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  • What can a small business do to collect monies owed for services already performed

    We own a small carpet cleaning business in Seattle. We performed two jobs for an attorney at her house on Magnolia. She refuses to pay the bill. What are our options for legally recovering the money she owes us? She knows she owes and says she...

    Shelly’s Answer

    I agree with Simon's answer, and I wanted to point out a good resource on small claims court. I have attached the web site for the King County Bar Association's information site below. Good luck to you, this is a frustrating situation.

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  • Can I file bankruptcy of my business debt without affecting my personal credit

    My business failed 2 years ago and I have 1 biz credit card with a $9,000 balance - can I file bankruptcy on that without affecting my personal credit?

    Shelly’s Answer

    These days, unfortunately, business credit cards are almost alwys personally guaranteed by the owner, and so it woulc affect your personal credit. You might want to try to settle with the credit card company. Sometimes, a phone call will make a big difference. Good luck.

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  • GA real estate and foreclosure law

    My husband was hurt in a motorcycle accident, not his fault, but we have been waiting for over 4 months for the insurance companies to settle. He is not able to work and we have only my income coming in to meet all financial requirements. I was ...

    Shelly’s Answer

    I agree with John -- this is the exact reason we HAVE bankruptcy, to help people in bad situations. Without any income, it might be difficult to keep your home, so you should start think about how to get some money coming in. I hope you find a good bankruptcy lawyer in your area to help you.

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  • Foreclosure in Washington State, Home Equity Loans

    Foreclosure law in Washington State. The property has three mortgages, a 1st and 2nd with one mortgage company and a third Home Equity Line of Credit with Chase. The Chase loan is listed as a mortgage on the closing papers. I have the house lis...

    Shelly’s Answer

    Unless Chase agrees to release you from your debt, they will almost certainly be able to pursue you on your loan regardless of a foreclosure. When you take a home equity loan, there is a debt (which is documented by a promissory note) and a security interest (documented by a deed of trust in Washington or a mortgage). When a senior lender forecloses, the security interest is extinguished, but the debt is not. In my experience, third position lenders don't usually foreclose because they will still be liable on the senior two mortgages. If you can get them to agree to settle for a smaller amount, that would be a good option, but it can be hard to get their attention in time.

    I certainly understand you desire to avoid bankruptcy, but sometimes it can be the best opportunity to obtain a fresh start. If your home equity lines are your only debt issues, you may find that your creditors will enter into a settlement agreement with you and that could allow you to avoid bankruptcy. These are complicated issues, and there are insufficient facts here to give you proper legal advice. I urge you to seek counsel before making a final decision. Best of luck to you.

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  • Can filing for chapter 11 bankruptcy allow us to stop foreclosure process on our rental properties

    My husband and I are undergoing foreclosure on three rental properties and barely making our home mortgage payments. We were told to file chapter 11 bankruptcy to try and save our home. If we are already in foreclosure, is there a race to get t...

    Shelly’s Answer

    If you are considering a Chapter 11, you will need the help of an experienced bankruptcy attorney as soon as possible. With three rental homes, it would be unlikely that a Chapter 13 would be sufficient. Chapter 11 is more complicated and more expensive that a Chapter 13, but is similar in some ways. For instance, individuals in Chapter 11 now have to devote five years' income to a Plan unless creditors are paid in full earlier than that. If a foreclosure action has been commenced, you are definitely in a race with time. Please contact a lawyer soon. Good luck to you.

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  • Chapter 7

    I have to llc,lease based business and in both of them with two different person LLC. We the leases are for 2 years and one year. Does this afect if file chapter 7 for my personal.

    Shelly’s Answer

    If you are a business owner, it is vital that you contact an attorney to help you sort out the impact of a Chapter 7 on your business. It is likely that you have personal guarantees such that you will be required to notify your creditors of your bankruptcy. The cancellation of those guarantees could have an effect on your business. This is just one example of how they two could impact each other. Your question shows that your need immediate assistance from a qualified bankruptcy lawyer.

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  • Under GA state law, can employer fire me for filing for bankruptcy

    If I work in a bank, and then if I do a bankruptcy, Can I be fired from my bank job because I filed for bankruptcy? I do not owe any debts to the bank where I work.

    Shelly’s Answer

    Section 525 of the Bankruptcy Code says that "No private employer may terminate the employment of . . . an individual who is or has been a debtor under this title . . ." They should not be able to fire you, but before filing, you probably will want to call your lawyer's attention to your concern. I wish you all the best of luck.

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  • Filing for bankruptcy in FL, what are exempt and non exempt assets under FL bankruptcy exemption law

    I'm a retired man of 59 and i have accumulated 70,000 dollars in credit car debt due to business loses. I have $220,000 in stocks and bonds. I've been paying high interests on all the cards on time. I would like to know what is the best way to al...

    Shelly’s Answer

    Your question says that you have "stocks and bonds", and so for purposes of this answer, I am assuming that those are NOT in a retirement account, where they could be exempt. It sounds like you have non-exempt assets sufficient to pay the outstanding debts, and therefore if you are considering bankruptcy, a Chapter 13 would likely be the preferred option. In a Chapter 13, you would end up paying 100% of these debts over time. If you were to file a Chapter 7, your creditors would be paid from your assets, and you would also pay the costs of administration.
    We have found that credit card companies are very reluctant to settle any account that is not seriously delinquent. Sometimes, they will reduce the interest payments, and you are always free to call them and make a settlement offer. Beware of "debt settlement" attorneys and services, since many (if not most) of them do not perform the services they promise.

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