Clayton Woodrow Cook-Mowery’s Answers

Clayton Woodrow Cook-Mowery

Mountlake Terrace Bankruptcy Attorney.

Contributor Level 9
  1. Existing credit account post-bankruptcy?

    Answered about 2 years ago.

    1. Clayton Woodrow Cook-Mowery
    2. Deborah F Bowinski
    3. Dorothy G Bunce
    3 lawyer answers

    Hello, you ask a good question. Paying these debts off now probably won't help your credit much, if at all, and would obviously be pretty expensive. With a Chapter 7 bankruptcy, it can show up on your credit report for up to 10 years - but that doesn't mean that you can't repair your credit score much, much sooner than that. I'm not sure if you have obtained other credit since filing, but you will want to do that if you haven't. This may mean low-limit credit cards, or even secured...

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  2. Can a motion for releif from stay be reversed?

    Answered almost 3 years ago.

    1. Paula Brown Sinclair
    2. Dorothy G Bunce
    3. Clayton Woodrow Cook-Mowery
    4. Michael A. Goldstein
    4 lawyer answers

    It is possible to vacate the order lifting the stay, but you will either need a good explanation as to why there was no response, or you'll need the creditor on board as well. To get the creditor to agree to it, you'd likely have to pay the arrears off in the plan, and there isn't much time to do that. The better option might be to refile once the current 13 is discharged (assuming they can't foreclose in the meantime). That will enable you to get caught up again.

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  3. Tax Withholding After Ch.13 Repayment Plan Confirmed

    Answered almost 3 years ago.

    1. Clayton Woodrow Cook-Mowery
    2. Dorothy G Bunce
    3. Abel Lopez
    3 lawyer answers

    It is a good idea to lower your withholding, as it makes the average month easier, and reduces your tax refund. Your plan may or may not commit tax refunds to the plan, or may commit part of it, but in general, more money each month will probably make things easier. The one thing you don't want to do, however, is end up owing taxes at the end of the year. That can potentially lead to the dismissal of your case, so you don't want to lower the withholdings too far.

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  4. Can an adversary proceeding continue in a Chapter 7 after the debtor gets a discharge?

    Answered almost 3 years ago.

    1. Walter C Oney Jr
    2. Clayton Woodrow Cook-Mowery
    3. Frank Wei-Hong Chen
    4. Dorothy G Bunce
    4 lawyer answers

    As noted above, most courts won't let you avoid a lien on your property in a Chapter 7 case, so there may not be much benefit to continuing the current adversary case. However, if the lien is a judgment lien (an unsecured creditor sued you, got a judgment, and put a lien on your house), you may still be able to get rid of the lien. Another option that may work in California (I know it works in Washington) is to finish your Chapter 7, let it close, and then file a Chapter 13 for the purpose...

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  5. I am in process of filing for chapter 7...my attorney said that the HOA lien and HOA past dues can be discharged...true?

    Answered almost 3 years ago.

    1. Clayton Woodrow Cook-Mowery
    2. Steven Anderson Leahy
    3. Maria House Esq.
    3 lawyer answers

    You can try to think of the amounts owed to the HOA as two separate things. The first is the personal liability - the agreement to pay them each month creates a debt, so you owe them that money. If you don't pay on a personal liability, they can sue you and try to recover the money. The second part is the lien which is on the property. The lien allows them to foreclose on the property in order to pay off the value of the lien. A Chapter 7 bankruptcy will get rid of the personal liability,...

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  6. In the process of filing ch13. spouse has good credit. Should we get a legal seperation first?

    Answered almost 3 years ago.

    1. Joseph Wrobel
    2. Clayton Woodrow Cook-Mowery
    3. Shannon E Wynn
    3 lawyer answers

    Hello, I am sorry to hear about your complicated situation. As noted above, there are several issues in your case. To begin with, you are considering a Chapter 13 case, which will run 3-5 years, but your marriage is not doing well. It sounds like the two of you may have opposing interests, so it might be a good idea for each of you to retain separate counsel. You have an attorney now, but if you can and want to file a Chapter 7, and your spouse wants to do a 13, it will be hard for the...

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  7. Car repair before filing bankruptcy

    Answered almost 3 years ago.

    1. Paula Brown Sinclair
    2. Shelly Crocker
    3. Clayton Woodrow Cook-Mowery
    4. Alan D. Walton
    4 lawyer answers

    As noted above, these expenses are certainly valid. I would just add that it would be good to keep receipts and records of the transactions (don't pay your friend cash under the table for the work, essentially). You will be providing bank statements to the trustee, and they may ask for records if they see a lot of money leaving your account just before filing. The Seattle Chapter 7 trustees most likely won't have too many questions, if any, but it's good to have the records just in case.

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  8. I am being sued for breach of contract on my 2nd mortgage, can I include my 2nd mortgage in chapter 7 bankruptcy

    Answered almost 3 years ago.

    1. Dorota J. Trzeciecka
    2. Clayton Woodrow Cook-Mowery
    3. Steven Anderson Leahy
    4. Timothy Michael Goan
    4 lawyer answers

    I agree with the first poster, that you should look into a Chapter 13. If your home is worth less than what you owe on the first mortgage, you may be able to completely remove the second mortgage. Filing either type of bankruptcy will instantly stop the lawsuit against you, protect you from being garnished, and postpone any foreclosure - but you should also be careful about when you file. If you are still in the trial period of your modification, you should probably wait to file bankruptcy...

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  9. Received a lawsuit from Collection's attorney (WA state)

    Answered almost 3 years ago.

    1. Thuong-Tri Nguyen
    2. Clayton Woodrow Cook-Mowery
    3. Dorothy G Bunce
    3 lawyer answers

    I'd agree with the above posters, with the exception that the second poster mentioned it would be fraud to send you the papers without filing them with the court first. As the first poster said, this is an allowed practice in Washington, but the summons will have directions so you can require them to file the summons/complaint with the court. It is very important that you don't disregard it simply because there is no case number.

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  10. Spouse debt before marriage and a way to avoid it.

    Answered almost 3 years ago.

    1. Clayton Woodrow Cook-Mowery
    2. Shawn B Alexander
    2 lawyer answers

    There are a couple different issues that your question raises. The first is whether it is "your" debt or will show up on your credit report, and the answer to that is generally no. However, with her credit card debt, if you get married and then use those same accounts and get new debts together, the line blurs. Debts you incur while together are community debts, and once the account has both personal and community debts, it is hard to differentiate between them. A good plan is to not use...

    4 lawyers agreed with this answer