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Robert Charles Russell
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Robert Russell’s Answers

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  • I had a bogus judgment filed against me in 2007. bankruptcy discharged Aug. 25, 2008. They just re filed the judgment. can they?

    The judgment, (2007), was for something that they made up. it never took place. I file for bankruptcy and my debts were discharged Aug. 25, 2008. Now it's April 2015 and I am trying to buy a house. A new judgment from the same guy and the same law...

    Robert’s Answer

    If I read the question correctly, you did not have a home when you filed bankruptcy. You filed bankruptcy and the debt was discharged. After you filed bankruptcy, somehow their is "a new judgment" (?) by some unstated method which I presume if a renewal of the judgment (which must be done before 10 years from the date of the original judgment, etc.) Assuming this to be the case, the renewal is a violation of the post-discharge injunction of the bk. You should give them notice of the previous filing and ask them to enter a Satisfaction of Judgment or similar so that everyone knows the debt has been satisfied. If the won't, then you sue them in bk court for violation of the post-discharge injunction.

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  • Bankruptcy in WA state and homestead exemption

    how does bankruptcy and homestead exemption work? Its likely we will a judgment against a at fault driver in personal injury claim. While at fault driver does not have income he has home with is fully paid but the value of home is less than 125k. ...

    Robert’s Answer

    Under WA law, a person can exempt and protect from the claims of judgment creditors the first $125K equity in a home. A judgment can become a lien on real property, but it cannot attach to the first $125K equity. If a debtor with equity files bankruptcy and uses the WA exemptions, the debtor can remove any judgment lien on the first $125K equity.

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  • Should i file bankruptcy? i need advice

    when my ex wife and i separated, i moved out of the house. she stayed in the house, although she had no job or income, until the landlord evicted her. my name was on the lease and the landlord refused to remove my name and included me in the evi...

    Robert’s Answer

    If you file bankruptcy, the debt owed to the former landlord will be discharged. That may help you deal with new landlords in that some just want old judgments resolved. Some will still care. But, from a practical standpoint, if you have an enforceable judgment against you, you might get garnished and be unable to pay rent even if your want to do so. so, yes, you should take a look at filing.

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  • Can't buy new home cause didn't sign reaffirm of debt on current home. Finance co's wont talk to me even though credit is good.

    filed chapt 7 in 2009 and did not include mortgage. Have always made payments on time. Have dream home opportunity at a price that cannot be beat. Credit report shows that mortgage co. stopped reporting in 8/2014 (five yrs after filing). I called ...

    Robert’s Answer

    Not reaffirming a mortgage is the normal choice and, usually, the best choice in bankruptcy given that (1) many home are "under water" and (2) many states hold a homeowner liable for any post-foreclosure deficiency on the unpaid mortgage. As noted, I'd keep looking for a different lender. I know they exist from the comments of a past client that had the same issue. Further, this is a very common issue. I wrote a quick article on the subject attached below that might be of some assistance.

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  • In Washington state can a lender place a Lein on my SS or my government pension? I have a RV that l may have to turn back into

    The lender. I have tried get a lower rate of interest with no luck. Lender is Bank of the West

    Robert’s Answer

    This private party cannot garnish your SS. If you owed back taxes to the IRS, etc then you might have a concern. But this RV loan creditor cannot garnish your SS.

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  • Will chapter 7 clear old fines for purpose of getting dl back?

    I recently became elgible to get my dl back and have cleared every hurdle except over $2,000 in fines to Pierce County District Court. All other courts have settled, PC will not despite recent SC ruling that I had to be asked if I could afford the...

    Robert’s Answer

    • Selected as best answer

    Civil penalties are dischargeable in Chapter 13 (e.g., traffic infractions). Neither civil penalties nor criminal fines are dischargeable in Chapter 7. So, you should try to deal directly with Pierce County on the options they offer.

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  • Can I file Bankruptcy alone?

    I haven't seen, met, and contact my spouse for 13 years, but I did not file for a divorce. Can I file bankruptcy alone? How can I show my husband's proof of income?

    Robert’s Answer

    Yes, married (technically) individuals can file bankruptcy w/o the other spouse. If after 13 years you still have any financial matters that overlap, then those might be the only tricky part - maybe. Just find a qualified attorney and I am sure all will be just fine.

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  • If I file bankruptcy in the state of Washington do i have to do it on all my credit cards or can I keep one an file on the rest

    Um Buying MY HOUSE I'm 2 years in on a $180,000 loan

    Robert’s Answer

    Regardless of the in which you reside, you must list all creditors you know of (under penalty of perjury). Further, debts not listed in a "no asset" case are still discharged. So, all you accomplish by leaving off a dischargeable debt is perjury. If you owe very little on the debt, you can pay it off, not list it because you don't owe them any money, and hope they don't close the account anyway. But, don't worry; you will probably get credit card applications in the mail after you file anyway.

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  • Do I need a bankruptcy lawyer?

    I filed for bankruptcy (chapter 7) last year November; however, I didn't send any paperwork because I didn't know what exactly to do. In addition, I was waiting on the court thinking that I would get a letter stating that the case is dismissed bec...

    Robert’s Answer

    You can file your own case. You can fix your own car. You can pull your own tooth. You can even add an addition to your house. However, in each case, if you want it done right, you have to know how to do it. So, if you don't know, then you can either study up and learn how to do it or hire someone that knows how to do it. Some people are quick learners and/or have a simple case and can do it themselves. If you are not that person (few are), then I'd find someone to help. AVVO has a great list of people you can check with.

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  • My husband was sued in small claims court. Can the other party garnish his pension, which is his only income.

    Judgement was against him in a home-repair job. He has no money in his own name and collects a small pension. We own a home jointly.

    Robert’s Answer

    As a general rule, most pension income is exempt from the claims of creditors (in an outside of bankruptcy). However, you need to ask a local/qualified attorney how your state's laws apply. My guess is that the pension is protected.

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