Gregory Charles Dow's Answers

Debtors rights for chapter 13 being dismissed due to non payment, can I change to chapter 7

If the nonpayment is because you lost a job or have another good reason, you should move to convert to a Chapter 7. If granted all the debt will go away (be discharged). You can hold onto your house if you are current in the monthly payments.

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Affect of LLC if filing for personal chapter 7 bankruptcy protection

Yes. In 28 years of doing these, my experience has been the asset value of an LLC is minimal when you are talking about two guys going out and starting a small business in which only they are interested. When the asset value is small the Chapter 7 Trustee has very little interest. His job is to recover the easy to sell assets. LLC ownership is hard to value, hard to sell and not what they are looking for. There are not a lot of investors out looking for a dance studio or a gaming store,...

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Under WA state debt collection laws can a creditor refuse to accept payment plan if the account is in litigation

Yes. In Washington, a creditor can refuse to accept a payment plan proposal. You are obliged to make the payment required under your written agreement, whatever that may be. Capital One will frequently take a discount if you are able to put that together...offer one third.

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Debt consollidation? Bankruptcy?

You must wait 8 years now (since Oct. 2005) to file a second chapter 7. You only have to wait 4 years to file a chapter 13. I would explore a low monthly payment chapter 13 plan lasting 36 months to get out of your current debt.

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Do lawyers make better presidents?

One of George Bush's biggest weaknesses is his lack of a legal mind. Lawyers deal with the truth differently than anyone else. Maybe he would not have gotten into a war using allegations of weapons of mass destruction if he had known how to sift through evidence. Maybe he would not have allowed the abuses at Abu Graib and Guantanamo if he truely believed in our Constitution and knew what that meant for the accused. Maybe he would not have pursued a complete revision of the...

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Will filing for bankruptcy protection remove judgment that was entered against me

Normal judgments are unsecured without priority. You should be able to discharge the debt in bankruptcy. The fact the creditor has a judgment scares a lot of clients, but it really does not elevate the debt in any respect.

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Is it okay to be removed from partner's account prior to chapter 7? What about lease?

I know of no prohibition. I would strongly recomend disclosure to the Court of the bank, account # and amount of funds present at the time of closure. If any of the money there is yours you will have to find an exemption.

Does a lien on your property affect your credit rating

Absolutely.

WA state debt collection law, procedure for collecting pay from employer work work completed, unjust enrichment

Immediately contact the Washington State Employment Commission.

Can a tenant sue the landlord ? Can a tenant sue the landlord?

You can sue. What you want to know is can you win. I predict defeat. Judges have heard so much whining by tenants behind in their rent that they are pretty hard to convince.

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