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Timothy Cecil Springer

Timothy Springer’s Answers

70 total


  • I made a personal loan to a friend and he signed the promissory note after he filed for Chapter 7.

    Timothy’s Answer

    Debts incurred after the bankruptcy is filed cannot be included. If he signed AFTER he filed, he is on the hook. However, I will qualify this. If the "loan" was made prior to filing, and he signed the note after, promising to pay THAT debt. That would be a re-affirmation agreement and would have to be approved by the bankruptcy court. Further, he could back out of that agreement within 60 days of filing the agreement with the bankruptcy court, or anytime prior to Discharge if not filed.

  • I recently found out that a person who owes me money filed bankruptcy but lied on their petition. The case was dismissed becauseARCHIVED

    Timothy’s Answer

    You may have an argument the statute of limitations was tolled while the Automatic Stay was in place. Dates are VERY important. The stay was in effect from the date of filing, till the date it was dismissed. So, you could argue the statute was tolled that many days. If you are still within that time period you may still be able to bring the action. If you are beyond the days, your done. Go meet with a Civil attorney in LA right away to check those dates. Good luck with it.

  • Can a CA consolidate 2 bad debts, transfer to an account they created in my name, report as a bad debt then collectARCHIVED

    Timothy’s Answer

    From your facts, it sounds like their judgment is good. You have a constitutional right to notice and an opportunity to be heard give you a right to set it aside for no notice. So, you had an "Opportunity" to respond and challenge the judgment last year WHEN you found out. In California, once you find out you have 60 days to set aside the judgment due to lack of notice. now you are beyond the 60 days, so it sounds like the judgment is good. I call it the "Golden rule" that is the guy with the gold, makes the rules. Bankruptcy is still an option. It can wipe out the judgment. Wish I had better news. Good luck with it.

  • I recieved a letter from my bank that they received a writ of garnishment /execution

    Timothy’s Answer

    • Selected as best answer

    You need to talk to an EXPERIENCED bankruptcy attorney right away. You may be able to get a large portion back under 11 USC 522(h). This is why you will want an EXPERIENCED bankruptcy attorney practicing in your area, that knows how to do it. If you do not have a bankruptcy filed within 90 days of them taking it, you will lose all of it. CALL AN ATTORNEY TODAY!! Good Luck

  • Being sued by a junk debt buyer, which SOL do I use?

    Timothy’s Answer

    Hey, it is an argument. That is what we lawyers do, we argue over which law applies to the facts. It is up to the judge if your argument would fly. If they sue you file an answer, and claim that as a defense. Maybe the judge would agree. It is a "choice of law" issue. You should speak to a MI attorney in your area also. Good luck with it. I like the argument.

  • Debt Management Plan vs. Bankruptcy?ARCHIVED

    Timothy’s Answer

    You have a lot going on. Find an EXPERIENCED bankruptcy attorney there in LA. Also, you might look at my article I published here on AVVO explaining the difference between the consolidation vs bankruptcy. It sounds to me like Bankruptcy may be a good choice. But talk to an experienced attorney down there to look at your options.

    Good luck with your choice.

  • Can a 2nd mortgage (heloc) be negotiated down on a bankrupt home?

    Timothy’s Answer

    • Selected as best answer

    I am afraid I have to agree with the previous answer. But maybe I can make it more real to you. Suppose a friend of yours borrows $100 and gives you his $500 TV to hold, with the agreement that you can sell the TV if he does not pay you. Then later he comes to you and says, "I only want to pay you back $50 bucks, then you give me back the TV". Would YOU do it? You can sell the TV for more than enough to be paid back, and even give money back to your friend. Why should you give up the $50? Same here. Why should the HELOC give up money when there is more than enough equity to cover them?

  • Why is Portfolio Recovery Associates suing me?

    Timothy’s Answer

    Portfolio Recovery is a debt buyer. If you look at the complaint it should list somewhere in it who the original creditor was. However, your statement says you received a "letter". A letter is not a lawsuit. It sounds like they are just threatening to sue, and they will likely get around to it eventually. You can also send them a letter disputing the debt. Do this within 30 days. Look closely at the letter. It may have the warning that if you do not dispute it within 30 days it is assumed to be correct. So, disputing it helps preserve your rights. In that letter demand proof of the debt.
    If you did receive a Summons and Complaint then you need to file an answer with the court within 30 days from when you were served.

    Hope that helps.

  • Can I discharge hoa dues in chapter 7 if the association has gotten a lien?

    Timothy’s Answer

    The short answer is YES. Sometimes there is confusion on this point because 11 USC 523(16) says Association dues..."that become due and payable AFTER the order for relief..." (emphasis added) cannot bet discharged. However, it goes on to say that the paragraph does not apply to a debt for dues incurred prior to the filing. Really it is just basic logic and fairness. You can discharge PRIOR debt with a Chapter 7, but you cannot keep running the dues up AFTER filing and expect to discharge those too. Be sure to find an EXPERIENCED bankruptcy attorney in your area to help you with this.

    Hope that helps

  • If I file bankruptcy can I still keep my house and my car?ARCHIVED

    Timothy’s Answer

    In Chapter 7 they could sell your house if it is over the $100,000. You would receive your $100,000 exemption and the rest would go to creditors. You do have a couple of options though. If you could pay the amount they could get in a chapter 13 over 5 years you still get to keep the house. Example: Lets say the house could sell for $120,000. You would get you $100,000 and then $20,000 would be available for creditors. (There are other considerations like "cost of sale" but to make it simple lets say it is $20,000) If you could pay at least $20,000 to your unsecured creditors over 5 years in Chapter 13 you get to keep the house. In Chapter 7 you would need to come up with $20,000 cash to keep it. All this is assuming from your story that the house is paid for.

    hope that helps