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Francis John Gist III

Francis Gist’s Answers

492 total


  • Debtor did a fraudulent conveyance with zero value 2 weeks before he filed chapter 7. How do I get standing?

    Francis’s Answer

    The answers above are well-reasoned. You should seek local counsel!

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  • Will an abstract judgement in one county effect the escrow sale of property in another county in California?

    Francis’s Answer

    I must agree with Ms. Shaw and Mr. Steingraber's well-reasoned answers. They both took the time to address the asker's questions directly!

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  • I have lien judgements placed on my home back in sept 2010 and november 2011. I filed bankruptcy and it was discharged in 2012.

    Francis’s Answer

    My advice is the same as yesterday. Go hire an attorney, maybe even your original attorney, and get the liens stripped. You are asking a n unanswerable question. You want to hear that you can do nothing. How could an attorney suggest that? You are trying to refi, and you have the liens. Are you willing to wait, only to have the liens renewed again? Get rid of the problem once and for all. I f you don;t like the price of one attorney, ask another. It is somewhat extensive work, so get the abstracts of judgment printed out to save the time and effort an attorney has to put into it. Perhaps that will save some coin.

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  • Why do I still have liens on my home by debt collectors that were discharged 7 years ago on a bankruptcy

    Francis’s Answer

    Mr. Boyer is correct. I would add that your case can be re-opened so that you may strip these liens. If you paid your attorney specifically to clear the liens, then he should do it for free. if you did not include stripping liens in your fee agreement, then it would be proper to charge extra for re-opening your case and for the lien stripping motions. God bless your efforts!

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  • Does a CH13 bankruptcy affect a lawsuit or judgement?

    Francis’s Answer

    The one issue that stands out is that you are in a "Business free fall". If you incorporated, your business is a separate entity from you. There is a question of ownership and whether you guaranteed loans and whatnot, but we cannot tell from your question. Please be proactive. Get yourself a free consultation with a well reviewed attorney. You can use AVVO's Find an Attorney button or check out Bankruptcy Attorneys on YELP. Whatever you do, please get direction now from counsel!

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  • Why would I get a certified letter from the IRS after bankruptcy?

    Francis’s Answer

    The IRS merely wants to re-establish contact with you. They are used to people wrongly believing that their taxes are discharged, when they are not. The IRS cannot collect during your BK, so now is the time to speak with them and make new payment arrangements. This is not something to worry about. You took care of your other debt. Now you can take care of your taxes. Speak to your attorney after you read the letters to be sure that you understand what they say. They will probably have BK language in them that may confuse you.

    Now, go to bed and sleep!

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  • Divorce?

    Francis’s Answer

    You really should take advantage of a free consultation with a local, experienced Bankruptcy attorney. You put this in Chapter 7, but you need proper legal advice to know which chapter to use. Timing in light of your divorce proceedings is very important. Knowing what the local Bankruptcy trustees will be looking for is also very important. Planning properly is essential! You can check local attorneys on AVVO, and also find an experienced attorney with great reviews on YELP and Google. Your situation is not only fluid, your question leaves a few ambiguities to be cleared up. This forum cannot give you a definitive answer, but you can fro a sit-down with a local attorney. God bless you in these difficult times.

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  • How will our credit be affected if our house is foreclosed on? We have chap 7 discharge on house and are 3 months behind.?

    Francis’s Answer

    The Bankruptcy will be on your credit report for ten years; the foreclosure for 7 years. It hurts your credit score, for sure, but being behind 4 months will already greatly harm your score (even 3 months will!). You can file a Chapter 13, as Mr. Steingraber mentioned, but that would require paying up to five years the following amounts: Your regular mortgage payment, enough monthly to pay your arrears, the balance of the $4,000 local rate for a "no-look" Bankruptcy attorney fee, and the trustee fee. More things may need to be included, including an auto loan that will be paid off within the time of your Chapter 13. So, that can be expensive! I agree with Mr. Boyer, that you should try very hard to modify the loan, if you want to keep your home and the regular monthly payment is reasonable. You have to do some long-term planning. Where will you be 10 years from now if you do....whatever you do. Most Bankruptcy attorneys offer a free consultation. Take advantage of that with a local, well-reviewed Bankruptcy attorney. Look here on AVVO and on YELP. Some of us will take the time to go over your options thoroughly and help you flesh out your best direction. It helps a lot to gain the peace of mind that comes with a plan of action! Take care

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  • Voluntary repo -> bank is trying to sue me

    Francis’s Answer

    You should be asking Consumer Protection attorneys or Bankruptcy attorneys this question. You can go to the courthouse to see if your proof of service was "served" the traditional way, but not done properly. You must act within 30 days of the date of service filed with the court. You must answer. this lawsuit or be subject to a Default Judgment. The earlier date my be the date the case was filed. The date you are served may only be determined by checking the court's file. 10 extra days to respond are required if they serve you by mail, but you cannot be certain that some scumbag server may have lied and declared that he personally served you. You know that you have been sued, so take action ASAP. If Bankruptcy is an option, filing before your default is entered will keep that judgment off your credit report. That is a very good idea. Choose a local, experienced attorney with very good reviews, not only here on this AVVO website, but also on YELP and Google. Do not procrastinate, as that never benefits you. You cannot look at the name spelling as an "out" by the way! You have been served, in all likelihood.

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  • Can a debt collector legally lie, promise not report an old debt (nearing SOL) to credit agencies?

    Francis’s Answer

    • Selected as best answer

    The creditor included this paragraph in its letter because it must do so. The fact that the creditor cannot sue you is law. They are informing you of the law. If you have not paid on this debt for at least 4 years, the debt is "stale", and they can only ask you to pay. They cannot sue you to pay it. The negative report should be removed from your credit report after 7 years of delinquency, not since service was provided. I believe this fully answers your question, but I could be wrong, since I only know what you have told me. If you are wrong in your description, then my answer, though generally true, could be false in your circumstance. It's such a small debt. I am not certain that I would challenge it, but it wouldn't hurt to ask the collector to validate the debt.

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