The credit card company took money out of my bank without authorization. What law have they broken that I can sue on?
Walter's answer
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Answered on May 18, 2012
If they were drafting your account via ACH transfers, they may have violated the federal Electronic Funds Transfer Act. Florida may have a similar...
Archived
I am in a Chap 7 filing and I have attempted to pay one of two past due car payments, it was refused, what are my rights?
Walter's answer
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Answered on May 18, 2012
As Attorney Caldwell has said, this situation is one of the many reasons why filing bankruptcy on your own is a really bad idea. "Reaffirmation"...
Archived
What is a promisary note?
Walter's answer
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Answered on May 17, 2012
A promissory note is a written promise to pay money to someone. Unless your dad also took back a mortgage from the buyer and recorded it properly,...
Archived
Chapter 13 Case Status
Walter's answer
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Answered on May 17, 2012
We're going to start calling you "H.V.H.M." for High Voltage High Maintenance. Why can you not just turn loose of these hysterical concerns long...
Can I sue my mother for taking out loans and credit cards in my name?
Walter's answer
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Answered on May 17, 2012
Well, at least you waited until AFTER Mother's Day to ask this question. The technical answer is that you can always sue someone for practically...
Archived
Why is our chapter 7 bankruptcy estate being held in trust when we sent enough money to pay off the creditors from an inheritenc
Walter's answer
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Answered on May 17, 2012
I have no idea what you mean by "estate being held in trust." Do you simply mean that the Chapter 7 Trustee has not filed his final report yet? If...
Archived
Bankruptcy of mother's bf, they never took his truck he surrendered and he is dying.
Walter's answer
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Answered on May 17, 2012
His bankruptcy attorney should be familiar with the Pratt case from the First Circuit, which requires a lender in this situation to either accept a...
Archived
I'm a cosigner on a SallieMae Loan and the borrower walked away from his responsibility to repay it
Walter's answer
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Answered on May 17, 2012
Economic hardship is unfortunately not a reason not to pay a student loan. You are probably stuck with this debt until you die, and even...
Archived
My neighbor is being sued for HOA dues that were discharged in Ch7, we spoke with her atty he tells us they arent dischargeable
Walter's answer
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Answered on May 17, 2012
Her attorney made a mistake but then corrected it. The HOA's attorneys are simply doing their job by advocating for their client's position. So...
Archived
Can i get arepo back filing chapter 13?
Walter's answer
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Answered on May 16, 2012
If state law gives you the right to cure the default and get the car back, then your lawyer can help you exercise that right in bankruptcy. Not...
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