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Timothy Cecil Springer

Timothy Springer’s Answers

70 total


  • Never received my DMV registration notice. Do I owe the penalty fee?

    Timothy’s Answer

    • Selected as best answer

    I had a client that worked for DMV. She told me there is a form you can fill out at DMV to explain what happened, and get the fees waived. You do have to go to the window and ASK for it. She said they will not tell you it is available. So, I would try that.

    Good luck with it.

  • Filed Chapter 7 Pro Se, need to do an amendment but not sure what schedules I should File or if I can do an amendment.ARCHIVED

    Timothy’s Answer

    First, you need to talk to an experienced bankruptcy attorney there in Saint Louis. It sounds to me like you need to file a Notice of Bankruptcy with the State Court explaining the Automatic Stay was in effect, and therefore the "judgment" is void. Then let the tenant know you filed, (if you have not already) so they know of the stay. If they continue to attempt to collect after notice then they are in violation, and you can drag them into bankruptcy court to be sanctioned. It is more important for them to have "notice" than be listed. You can add on creditors. The court charges a small fee for the amendment. Also let the Sheriff, (or whatever agency is attempting the garnishment) of the bankruptcy.

    Things are slow all over right now, so shop attorneys. You should not have a big problem finding one that can help there.

    Good luck with it.

  • I want to file chapter 13. Can I put my 401k loans on the means test?ARCHIVED

    Timothy’s Answer

    Yes. List it as a secured debt on Schedule D. The loans must be paid back, so it is a valid "expense". If the payments are being taken from your check that will even continue. Those payments are an exception to the Automatic Stay.

  • DO wage garnishment follow you to the next job or do the creditor must get another order? how long does it take before theARCHIVED

    Timothy’s Answer

    Garnishment law would normally fall under State Law. So, for the first part of your question you need to talk to a New Jersey attorney familiar with that area. That said, Chapter 7 will stop the garnishment, and should handle the debt, (assuming it is not excepted to discharge, like student loans). If they are already garnishing, shop for a New Jersey bankruptcy attorney that will work on getting it refunded. If they took more than $600 in the last 90 days it may be possible to make them give it back IF it can be exempted in New Jersey. Again, you need to consult with an experienced New Jersey bankruptcy attorney for the details in your state.

  • Can I by a house if I have been making mortgage payments (payments current) on the house that I did not reaffirm and underwater?ARCHIVED

    Timothy’s Answer

    If you can get the VA loan I do not see why you could not buy another house. From the facts you gave the first loan has been discharged. They still have a lien on the house, and can foreclose, but they cannot come after you for the debt. You should speak with a competent Arizona real estate attorney to confirm any "buying" pitfalls. however, your bankruptcy discharge took care of the debt.

  • How can I stop a Judgement against me?ARCHIVED

    Timothy’s Answer

    You need to go back to your family law attorney that helped you with your divorce. Maybe you can go back after your Ex since he was given the debt. If you cannot get him to pay it, another option is to file bankruptcy. This would get rid of the debt for you. you want to make sure you get an experienced attorney in Phoenix. If they took more than $600 from your bank account, and you file within 90 days you might be able to get some back. Find a good bankruptcy attorney there in Phoenix that gives free consultations. I hope that helps.

  • Can i file Chapter 7 Bankruptcy if I had a car that was totaled, never recovered, and never paid for in full?

    Timothy’s Answer

    Yes, you can file a Chapter 7. There may be an issue if the car was not insured, because most contracts require insurance. If they challenged your ability to discharge that would be for a judge to decide whether the debt would be dis-chargeable. If it was insured the claim should be between the creditor and the insurance company. I would still argue that it is dis-chargeable for you personally, but we can never guarantee an outcome.

    Hope that helps.

  • Can I revoke ACH authorization on a payday loan and have them collect from me in other ways?

    Timothy’s Answer

    This is really a "contract" question. As you say, they provided an "Agreement" between you and them saying you agreed to their terms allowing them to take the funds from your account. Once a contract is made, you CANNOT, on your own change the terms.
    Imagine, (for instance) that you were going to buy a bike from your neighbor, and paid him the asking price on the condition that he deliver the bike to you tomorrow. Then tomorrow he says he has decided (on his own) that he still needs the bike, and is not going to give you the bike for 30 days. This would be a "breach" of your agreement and I think you would not be happy. If you took your neighbor to court I believe you would win.
    I also believe that in this situation THEY would win in a fight. That said, the best advice I can give is STAY AWAY FROM THE PAYDAY LOANS!!

    Wish I had better news, but that is the way I see it.
    Good Luck

  • What happens after signing the consent judgement and the creditor says they did not agree to monthly payments.ARCHIVED

    Timothy’s Answer

    You really need to talk to a "Civil" attorney there in NC. I would argue that they made an offer to settle, (by way of the attorney's letter), and you accepted. Now THEY are breaching the agreement based upon that offer. I am betting if you shop you can find a local attorney there to give you an answer after looking at the documents and explain your rights under NC Law. Check around.

    Good luck with it.

    Tim S.

  • What if surrenderd my home in chap 13, but I was able to catch up with my mortgage payments & continue to make payment ?ARCHIVED

    Timothy’s Answer

    You REALLY need to speak to a competent Chapter 13 Bankruptcy attorney in your area. It is not clear from your facts where you are in the process. For instance, is the Automatic Stay still in effect? Has your Plan been confirmed yet? It may be that you can modify your Plan. But again these are questions for a competent Chapter 13 Bankruptcy attorney in your area. Preferably one that is also knowledgeable in Florida real estate law, As well as Bankruptcy. DON"T DELAY. Time is not your friend here. Hopefully it is not too late to fix things. Talk to an attorney first thing Monday.