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Matt J. McCune

Matt McCune’s Answers

27 total


  • Can I keep my apartment if I file a chapter 13 Bankruptcy

    Matt’s Answer

    Yes, basically you will assume the executory contract (lease). Landlords don't really care if you file bankruptcy as long as you keep paying. They just want to get paid and often a bankruptcy frees up some funds to pay rent. If you are behind on your rent and want to stay in the apartment that's a much more complicated answer. Contact a bankruptcy attorney in your area ASAP.

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  • Filing chapter 13

    Matt’s Answer

    Oh yes… Chapter 13 can help. Pay taxes you owe without any more interest/penalties, cure mortgage arrears, wipe out unsecured debt, remove liens from your home, stop collections… good stuff! You need a local bankruptcy attorney though. Go to "find a lawyer" in AVVO and search in your area under "Chapter 13"

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  • I loaned $4000 to my brother to save his house he filed for bankruptcy but he never included this amount to lawyers,

    Matt’s Answer

    I agree that you should be careful in pursuing this debt. However, whether the debt was discharged will depend on the rules in your jurisdiction. In some districts, an unlisted creditor is not discharged in a bankruptcy if the bankruptcy became an "asset case." You should contact a consumer bankruptcy attorney in your area.

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  • Can my husband file bankruptcy when he's in debt over $20,000 with hospitals even if he owes child support?

    Matt’s Answer

    Yes. He can file a Chapter 7 and receive a discharge of the medical bills but the child support (called a "domestic support obligation") survives the bankruptcy. If he files a Chapter 13 he will have to be current on his child support before he can get a discharge.

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  • Being sued for outstanding credit card debt of $1,020.49.

    Matt’s Answer

    Your SSD is fully exempt, which really means protected from any creditor so they can't take that from you. If you have questions about your other assets you should contact a MO consumer attorney or do some research and find the exemption levels for vehicles and homesteads in your state. My guess is all your assets are protected and you are essentially "judgment proof" which means that even if they sue you and get a judgment against you the creditor can't enforce the judgment against any of your assets. Best of luck.

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  • What type of attorney specializes in collections of court judgements?

    Matt’s Answer

    I agree with above. Check the collection attorney directory in AVVO for your region.

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  • What is the bare minimum payment needed to fill bankruptcy to stop garnishments?

    Matt’s Answer

    Momma said you better shop around. Fees vary from attorney to attorney. Check the local attorney section on AVVO under Chapter 7 for your area.

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  • Can I be prosecuted for not paying a JcPenney's credit card?

    Matt’s Answer

    I agree that they are blowing smoke. Sounds like a violation of the FDCPA to me but trying to pursue these guys is like playing whack-a-mole. They just shut down and pop up elsewhere. If you have other debts you might want to talk to a local bankruptcy attorney. If this is your only debt I do recommend you do what you can to try and settle it.

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  • Can my bank account be garnished or seized by an insurance company? What about a collection agency?

    Matt’s Answer

    A creditor cannot garnish your wages or bank account without first getting a judgment against you. To get a judgment they will need to sue you and are required to serve you with proper notice. You don't say how much the debt is but if it is a high dollar figure and/or you have other debt you may want to talk to a local bankruptcy attorney to explore your options. Unless you were intoxicated at the time of the accident this debt should be dischargeable in bankruptcy.

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  • Being sued $2,700 for HOA fees in arears post bankruptcy. What are my options?

    Matt’s Answer

    If you filed a Chapter 13 bankruptcy the post-petition HOA fees might have been discharged. If you filed a Chapter 7 the HOA fees did not go away and there's not much your bankruptcy attorney can or could have done for you. I recommend you work out a payment plan directly with the HOA.

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