James Henry MaGee’s Answers

James Henry MaGee

Tacoma Chapter 11 Bankruptcy Attorney.

Contributor Level 6
  1. Can an HOA collect fees, other than dues (dues are paid up) when a house was bankrupted, yet the bank has not foreclosed on it?

    Answered over 1 year ago.

    1. James Henry MaGee
    2. Matthew Scott Berkus
    2 lawyer answers

    Under Washington law as impacted by the 2005 Bankruptcy Code amendments, HOA obligations are generally regarded to be personal obligations of the homeowner which continue post-bankruptcy. Even if you "give back" your house in the bankruptcy by indicating on your Chapter 7 Statement of Intentions that you wish to "surrender" the house back to a secured mortgage lender, you still remain obligated for HOA expenses falling due after the date of the bankruptcy filing up to the date of foreclosure...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Should my husband and I reaffirm our mortgage during our Ch 7?

    Answered over 1 year ago.

    1. James Henry MaGee
    2. Kathryn Ursula Tokarska
    3. Dorothy G Bunce
    4. Theodore Lyons Araujo
    5. Richard Edmund Hawkins
    5 lawyer answers

    My first inquiry is "where is your bankruptcy attorney"? Your attorney is under a responsibility to talk to you about this question. If he/she won't talk to you about it, then complain. I have a specific written statement that I give to the client twice with specific written recommendations about reaffirming, but then I do alot of cases (almost 400 last year) and have 5 staff to help out. And I am also available for such consults for all my clients confused about such issues as reaffirming -...

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  3. OK so i owe on a juvenile case and its been yrs , i owe 35 $ but yet i cant pay it , what could happen to me ?

    Answered over 1 year ago.

    1. James Henry MaGee
    2. Patrick Owen Earl
    3. Dorothy G Bunce
    3 lawyer answers

    Hello, I grew up in Wenatchee and hope to relocate back there some day - it is beautiful. I don't know the answer, but if you need help you might contact Don Bell in Wenatchee. I clerked for him long ago and he is just a wonderful fellow and has many, many years of experience in juvenile and other criminal law courts. I certainly wish you the best, and of course you might go and talk to the clerk of the court to see if you could set a motion for relief from the fine/fee as it has been so...

    1 lawyer agreed with this answer

  4. Can I payoff my chapter 13 bankruptcy off early ?

    Answered over 1 year ago.

    1. David Samuel Shevitz
    2. Derek R. Caldwell
    3. Gregory J. Jalbert
    4. Tuella O Sykes
    5. James Henry MaGee
    6. ···
    7 lawyer answers

    Well, I wish I could say the answer is easy. From the scant facts that you provided, it is not possible to say if paying $8,300 is a good idea or not. Example #1 - it would be a total rip off to pay $8,300 to terminate your plan - E.g. If you are a lower income person and your plan is at say month 35 and you owe nothing on secured debt or priority debt (like taxes or back child support), then you might be eligible to just make one more small plan payment and end your plan next month - thus...

    1 lawyer agreed with this answer

  5. Do I owe in 2012 for debts that were discharged in a bankruptcy in 2005? I just received a letter that says I do.

    Answered almost 2 years ago.

    1. Shawn B Alexander
    2. Gary D. Bollinger
    3. Desa Gese Conniff
    4. John Anton Sterbick
    5. James Henry MaGee
    6. ···
    6 lawyer answers

    Hi my friend! Check out our 36 top notch Avvo.com reviews and our "2012 Client's Choice" Award! So glad you found the powerful tool of Avvo.com. In any event, you didn't mention whether you married your wife after 2003, or if you were married to her during the time that the medical bills were incurred. This could make a big difference. If you were not married to her until after 2003, then these are the separate bills of your wife and of course she discharged them in 2005 so you are off the...

    1 lawyer agreed with this answer

  6. How do I get credit bureaus to remove an item from my credit report?

    Answered over 1 year ago.

    1. James Henry MaGee
    2. Dorothy G Bunce
    2 lawyer answers

    Hello, I am so very sorry for your situation. Family law, bankruptcy and credit reports often collide with unsatisfactory results. Your factual situation is detailed, thought out and well written. Here is the best that I have to offer, although I fear that it is not much... First, you may have to seek modification of the divorce decree to force sale of the residence. I don't know who your attorney is, but I have had good luck with Charles Schmit, Wendy Zicht, Lynn Johnson and Barb...

    1 person marked this answer as helpful

  7. A Washington State Corporation closes and ceases to do business and the owner of the company filed for Chapter 7

    Answered over 1 year ago.

    1. Michael Avanesian
    2. George Jay Jensen Jr
    3. Tuella O Sykes
    4. John Robert Bonin
    5. James Henry MaGee
    6. ···
    7 lawyer answers

    Michael Avenesian the Glendale attorney has provided the best answer. But my biggest question, is where is your attorney in all of this? He should be consulting with you (if you have asked) and providing you with some input or at least a referral to an attorney with lots of L and I specific experience. In my experience, there can be flow through liability for some withholding obligations like premiums for L and I coverage and some portions might not be dischargeable. However, it is not...

  8. Bankruptcy Filed , Waiting for Discharge . . . . having issues renting because of it

    Answered over 1 year ago.

    1. George Jay Jensen Jr
    2. John Anton Sterbick
    3. Richard Edmund Hawkins
    4. Robert Michael Fox
    5. Tuella O Sykes
    6. ···
    7 lawyer answers

    Go with the "mom and pop" landlord and offer an additional deposit and/or a guarantee of a friend or a relative. Your discharge should show up 60 days or so after you attend the 341. As much as it might be difficult, you might want to consider residing with a friend or relative until you have your discharge paper in hand - and even then be a careful and strategic shopper. Remember, if there is a vacancy, the landlord needs/wants your money as much as you need the place to live. You might...

  9. Lien stripping in WA State Chap 13

    Answered over 1 year ago.

    1. Thomas A McAvity
    2. David Samuel Shevitz
    3. Robert Charles Russell
    4. Matthew Erik Johnson
    5. Tuella O Sykes
    6. ···
    6 lawyer answers

    You better hire a friendly certified realty appraiser! If the house comes back at less than $250k value then you can strip off the third lien of $55,000. You didn't mention if the $55k lien is a judgment or a consensual lien like a mortgage, or if it is a "furnace" or "siding" lien in which there is a lien in the specific item as opposed to a mortgage on the realty. If the $55k lien is just a judgment and your friendly realty appraiser gives you a value of under $250k then you can strip the $...

  10. How long does Wells Fargo take to foreclose and repossess a home after foreclosure? My home was named in a Chapter 7 bankruptcy.

    Answered over 1 year ago.

    1. Alex Salmu
    2. Dorothy G Bunce
    3. Diane L Gruber
    4. Eryk Christopher Gabhran Boston
    5. James Henry MaGee
    5 lawyer answers

    I am in WAshington state, so I don't know if my observations are of much help, but I have a large practice area and filed almost 400 cases last year and my practice area covers rural, suburban and urban areas. I have noticed four trends (1) keep the place up and they will be slower in doing anything to start foreclosure (2) the more urban and the more desirable the neighborhood, then the more quickly they begin the foreclosure as they can turn the house around pretty quickly without much...

    1 lawyer agreed with this answer