Skip to main content
Shelly Crocker

Shelly Crocker’s Answers

123 total


  • Can a Chapter 11 Debtor in Possession Attorney negotiate/reduce a clawback of dividends after the first clawback letter is sent

    Received first Claw back Letter with specific amount requested by registered mail with a deadline to pay with threat of litigation if not paid by deadline. Can Chapter 11 Debtor's Attorney accept less than the first amount requested and satisfy t...

    Shelly’s Answer

    I agree that they can negotiate a lesser amount. In our jurisdiction, interest can accrue from the demand letter, and so you may want to act quickly or contact an attorney.

    See question 
  • I signed a confession of judgement due to an accidental fire, know I am unable to pay the monthly amount due (disability).

    The only income I have is a small pension and social security. If I default will the creditor have to go to court to get a judgment I am not rich nor do I have assets besides underwater mortgage and 10 y.o. car. 1. What happens if I defa...

    Shelly’s Answer

    It sounds like you have mostly exempt assets and a relatively low income, so you may want to consult with the King County Bar Association's debt clinic or the low income referral list. I will include the link to the King County Bar's resources for debt related issues below. Good luck!

    See question 
  • CHAPTER 11 PERSONAL BANKRUPTCY.

    Due to the amount of debt I have, we are considering a personal 11. I want to try and save the house and pension plan. All creditors are unsecured, although, one unsecured is due over 1 million and they are pissed beyond belief. The IRS is owed mo...

    Shelly’s Answer

    In Florida, there has been increasing scrutiny of individual Chapter 11 cases. In some instances, courts have required debtors to use even exempt assets in a Chapter 11. My first question to you is why you would not consider a Chapter 7? If liquidation would only result in payment of tax debt, you may not have assets that require the protection of a Chapter 11 ,or the resulting costs and lengthy time commitment. In every Chapter 11, your creditors get to vote on your plan and you must obtain some votes to get a plan confirmed. You may not be able to do that under the scenario you describe.
    Chapter 11 cannot be done without the assistance of capable attorneys. Seek legal advice in your area. Best of luck to you.

    See question 
  • I live in Washington state. I had a loan back in 2005 for $500. I'm sure I paid back 8 years ago and of course I have no proof.

    it was a payday loan. They said they tried to contact me I've been at my job for 10 years and the collection agency called me directly easily. Is there a statue of limitation in this matter?

    Shelly’s Answer

    Many debt collectors are trying to trick people into paying old debts, and disregarding the statute of limitations. You may want to consider making a complaint to the Attorney General's office to help stop this kind of harassment for other people. I'm including the link below. Good luck!

    See question 
  • On a defaulted CC debt, which choice of law applies?

    My wife had a credit card that defaulted. I understand the statute of limitations on credit card debt in Washington state is 6 years. But in the credit card agreement, it says "This Agreement is made in Delaware and we extend credit to you from ...

    Shelly’s Answer

    Delaware, but remember that statute of limitations is an affirmative defense and they can still sue you. Additionally, you would need to consult with a Delaware lawyer about what begins the tolling of the statute, i.e., when you start counting. Good luck!

    See question 
  • I am in an adversary proceeding, pro se. What is to be included in my Notice Regarding Final Adjudication and Consent?

    My Chapter 7 bankruptcy has been discharged. I have a debt that is exempt from discharge, thus the adversary proceeding. Any information you can give regarding to this Notice that must be filed, would be greatly appreciated.

    Shelly’s Answer

    • Selected as best answer

    According to the PROPOSED local rule, your Notice should include:

    (b) Content of Notice. The Notice Regarding Jurisdiction and Consent shall include:
    (1) a repetition of the statements required by Fed. R. Bankr. P. 7008(a) and 7012(b), including
    whether, if the matter is non-core, the party does or does not consent to entry of a final order or judgment by the bankruptcy judge;
    (2) a statement whether the matter is one that, although core, may not be adjudicated without
    consent to final judgment by a bankruptcy court, and whether such consent is given.

    However, you must also file an answer and there are many other steps to defend yourself in this type of proceeding. I agree that you should seek legal advice, since this type of suit has substantial consequences.

    See question 
  • Can DUI fines/ related court fees, that are in collections, be discharged in bankruptcy in washington state?

    Everything I've researched on the web says this is incorrect, but a local law firm in washington state advertises that they can get your driver's license back by discharging your fines/fees through bankruptcy. My husband owes $6000 + in DUI collec...

    Shelly’s Answer

    We have had success discharging fines that were IN COLLECTION with a collection agency, where the agency actually owned the claims now, not the government agency. The specific circumstances of your case may vary.

    See question 
  • Does my Bankrupsy need to be discharged before I get married ?

    1. Need to file BK -if I file before I get married can that still go through? 2. What happens if I get married before I file? We have no debt together. I am filing chapter 7- no major debt, such as house etc. I have no liabilities- only a car v...

    Shelly’s Answer

    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.

    See question 
  • Can a debt collector tap your bank account to take money for a credit card debt if you are on disability?

    My husband has grand mal seizures and I have heart problems since 2009. It took 6 months to get a first check from disability creating a great hardship and many credit cards left that we cannot pay. We do not even have money enough for a bankruptc...

    Shelly’s Answer

    Even though social security and disability funds are exempt from garnishment, it is often difficult to fight debt collection agencies. If your account is garnished, you do have the ability to contest the garnishment based on the exemption, but you will have to act quickly. You can also make the collectors stop calling by sending them a letter telling them you do not have the ability to pay the debt.

    See question 
  • How can i stop a wage garnishment?

    so a creditor in Washington state wants to garnish my wages for my husbands debts, my husband is currently unemployed and has no means to pay this debt, i am the main provider for him and our two kids is there anything i can do to stoop this garni...

    Shelly’s Answer

    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.

    See question