Kathryn Tokarska’s Answers
1,391 total
I have charge off and I sil have the car
Kathryn’s Answer
You can contact the lender/creditor to make payment arrangements or better yet propose a settlement, make an offer to pay a portion of the balance owed ask them to accept as payment in full. If you can get them to agree on a settlement be sure the terms are reduced to a writing, have them put it in writing, before making any payments.
Bankruptcy Injunction Violation
Kathryn’s Answer
Information on the credit report stays for 7 1/2 years. Creditor is not required to remove all the information FROM HISTORY but the record should have been updated to show that the balance has been discharged in BK. Discharge does not mean the debt is owed, it means that the creditor is forever barred from collecting. Showing a balance could be construed as a way to try and pressure the borrower into payment. I would not expect for the account to be removed but be updated showing discharge in chapter 7. The item should fall off the credit after 7.5 years and the BK should fall off after 10 years. Hope this helps.
How often are bank accounts and property seized for debts in Texas?
Kathryn’s Answer
Generally speaking in Texas, wage garnishment is prohibited by the Texas Constitution except for a few kinds of debt: child support, spousal support, student loans, or unpaid taxes. A debt collector cannot garnish your wages for ordinary debts. There may be some exceptions if you have acquired the debts out of the state and then moved to TX. However, Texas does allow for a bank account to be frozen. No one can predict the likelihood of being sued because it really depends on what actions each creditor chooses to take. Looks like statute of limitation in TX is 4 years. Many creditors don't sue if the amount owing is low only because they will spend money chasing you and if you don't have significant assets they will be out the original amount owed and the money spent on getting a judgment. You may be able to settle some of the accounts or perhaps file a bankruptcy. Legally there is no minimum amount that needs to be owed to file BK but typically I personally try not to file cases below $15K as typically the cost of the BK and all the consequences outweigh either waiting out the SOL to see if you are sued and/or attempting a settlement somewhere along the way. Often accounts are purchased by third party debt collectors, businesses that buy debts for pennies on a dollar and those businesses then attempt to collect voluntarily, settlement offers are common at that point as well, personally I would not accept any offer without negotiating for a lower sum. If you are going to attempt settlement yourself be sure to get everything in writing before you pay anything and understand be prepared for any end of year tax consequences/costs, if any.
I'm not licensed in TX and I'm not providing legal advice. A consultation with a local TX attorney can help you make decision on how to best deal with the situation. If you are low income, there may be free legal aid resources available for you locally, like there are in my jurisdiction.
I want to sue our bankruptcy attorney for $1 million so I can buy our house back. He filed chapter 7 instead of chapter 13?
Kathryn’s Answer
You can sue anyone you like for whatever sum you wish. The million dollar question is whether you can win this type of lawsuit and that would depend on facts we don't have. Chapter 13 may or may not have helped you. I would have reassigned your question here to malpractice rather than chapter 7 but I only saw medical malpractice as an option. You could try to post this question under civil litigation. You want to consult with a legal malpractice attorney. They can tell you if you have a good case.
Can a bank add late fees to a mortgage that's being paid voluntarily after a Chapter 7 discharge?
Kathryn’s Answer
Discharge with regard to a secured creditor means they cannot collect but can foreclose for non payment, including late fees as long as the fees conform to contract terms. I assume that in attempting to refinance they were asked to provide the payoff amount.
We filed a chapter 7 bankruptcy that was closed and discharged in 2020. Does a creditor need to be paid that was in that filing?
Kathryn’s Answer
Sounds like a creditor had sued and obtained a judgment, then recorded a lien against the property. The question is what came first, the judgment and lien or the bankruptcy? Next, even if the lien came first then were you in a position to avoid the lien when you filed the bankruptcy? I assume this was not done. If it wasn't done then can you reopen your bankruptcy case now and do it or negotiate a settlement? Your bankrupcy attorney should be able to help you with this, if you didn't hire one, it may be good to talk to one now.
Can I file for bankruptcy?
Kathryn’s Answer
Pretty much anyone can file but whether it makes sense to do so and the consequences of doing it will depend on your more factual details and the type of bankruptcy you choose. Discuss your confidential financial situation with an attorney, most offer free initial consulatations.
I'm fighting wage garnishment so how can my employer still garnish my wages?
Kathryn’s Answer
Until employer gets documents from Sheriff's stopping the garnishment, they would be fined for failing to garnish. Money may be returned if it was taken and should not have. I know it is still frustrating not having the funds at this time.
We paid our Chapter 7 bankruptcy trustee late on our first payment. We're late again this month. What could happen?
Kathryn’s Answer
Were you late on payment date or are you behind on payments? Being more than 30 days behind on payment is very risky.
Will I have a good chance getting my money back?
Kathryn’s Answer
You can sue in small claims but the amount is small and not worth the effort. Even if you get a judgment does this person have money in the bank, wages, real estate to which you can attach the judgment? Voluntary payment doesnt seem to be working, maybe mutual friends can convince the person to repay?