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Timothy Cecil Springer

Timothy Springer’s Answers

70 total


  • Civil debt ARCHIVED

    Timothy’s Answer

    You are NOT alone. Student loans are a huge problem for a lot of people in this country. There is a good web site for information. It is studentloanborrowerassistance.org. It is a good site for information on what you can do and not do.

    Good luck with it.

  • Do trustees monitor your bank accounts in chapter 13 cases?

    Timothy’s Answer

    I would say that since you received the letter from your attorney, your should contact them to explain what it means. Generally it is the Trustee's job and duty to make sure you are making your "best efforts" to pay back your creditors. Therefore, the Trustee has the "right" to monitor all aspects of your finances. But you need to have YOUR attorney explain the specifics of your case. The upside is if you have been in a few years, then you could be done relatively soon. Stay with it. It will be worth it in the end.

    Good Luck

  • Is it a violation to take my vacation time and wages for a debt that was discharged. If it is how do i go about getting my moneyARCHIVED

    Timothy’s Answer

    Keep trying to get a hold of your attorney. If it was discharged, then you are right, they cannot collect. I would also talk to your local labor board, and/or a labor law attorney there. Here in California there are very stiff penalties for grabbing wages like that, even without a discharge. But for you it would fall under Nevada Law, so you need an attorney licensed there. If you continue to have no luck finding your bankruptcy attorney, you might try going to the Bankruptcy Court Clerk's office, and look up you attorney's name on the computer there. You will be able to see if he has any hearings coming up, and you could catch him at the hearing. If that does not work, talk to another bankruptcy attorney there.
    Good luck with it.

  • If a company wins a judgement against me and they find me to be collection proof, what will they do?ARCHIVED

    Timothy’s Answer

    I would say your assumption is correct. The lien will sit there and accrue interest. When you have equity in the rental then they could go after the property. Also, if you ever try to sell it the lien will have to be paid to transfer title. So. it sounds to me like you have your answers already.

    Good luck with it.

  • Mortgage company seeking final judgment in foreclosure, will I owe money if the mortgage was included in my Ch 7 Bankruptcy?ARCHIVED

    Timothy’s Answer

    If the debt was discharged in your bankruptcy then they cannot come after you for money. They still have a lien on the house and can foreclose, so it sounds like they are going through the motions to do that. If they attempt to collect MONEY from you contact your bankruptcy attorney and have them go after them for a violation of the discharge injunction.

  • I surrendered my home in my Chapter 13 in late 2010. I was discharged January 2013, and the bank foreclosed in September 2013.ARCHIVED

    Timothy’s Answer

    I am not 100% on this, but I know of nothing in the Bankruptcy Code that sets any time limits when you can purchase after a discharge. If you had tried to do it while your 13 was pending you would have had to get permission. I think the "rules" you are talking about are FHA rules, for FHA loans, and/or Fanny Mae. I believe that is where these 2 and 3 year limits come from IF you had a bankruptcy. I think a mortgage broker would be the one to talk to for information. They would know better how it works, and they have the incentive of getting a commission on your loan.

    Good luck with it.

  • Is a collection agency allowed to sell a debt to another agency after agreeing to a settlement?ARCHIVED

    Timothy’s Answer

    There is not enough information here. You say you were "successfully sued" but did you go to trial, or did they get a default judgment because you did not answer? It sounds like you could have counter sued for breach of contract naming the original creditor and the current one. I would argue that the new agency bought the "written agreement". You really need to find an attorney down there that does debt settlement, or civil actions. But if this "judgment" was recent you only have up to 6 months to try and set it aside. Don't sit on your rights. Good luck with it.

  • Where can the public access public Bankruptcy Records for free?ARCHIVED

    Timothy’s Answer

    I would agree with the previous answer. However, if you are looking for something in your local district the public can also simply go to the local Office of the Bankruptcy Clerk and view the files online for free.

  • Had a title loan on car was supposed to contact them as soon as bankruptcy was discharged. it just got discharged and i woke upARCHIVED

    Timothy’s Answer

    There is not enough information to answer for sure, and you really need to talk to an experienced bankruptcy attorney there in Vegas. But that said, maybe we can help you ask the right questions. I will assume that you filed a Chapter 7. If that is the case then you were protected by the "Automatic Stay" when you filed, and they could not repossess it while that was in effect. But, it ends the moment your discharge is entered. That is why they wanted to know as soon as it was discharged, so they knew it was safe to come get the car. The Discharge means you do not have to pay them any money for the debt, but they can still take the car. Now, that said, you might still have an option. We call it a "Chapter 20". You just finished a Chapter 7, and now you could file a Chapter 13. (7+13=20) If you were to file a 13 before they auction the car off, you can make them give it back, and build your payments into a Chapter 13 Payment Plan. You might even be able to lower the interest rate, and/or payments. But for this option you will definitely need an experienced bankruptcy there in Vegas that has experience in Chapter 13. They will be able to tell you what you can and cannot do there. But I hope that at least gives you some options, and helps with what to ask. Good luck with it.

  • Garnish bank account Texas- Bank of America

    Timothy’s Answer

    You probably want to check with an attorney there in Texas to be sure. But, I will tell you that a couple of days ago I had a client come in that had their account levied by a collection agency in New Jersey, for a judgment in PA, and Bank of America took it out here in California after being served in NJ. So, I think it is a good guess that you can serve it on any B of A branch. Again, check with an attorney there to make sure there is no special rules there in Texas.