Credit Debt

At this point, the creditor can contact you and harass you but not much else. However, once the creditor sues you, it will ask the court for a...

The bankruptcy court has jurisdiction over the adversary proceeding so long as the debtor remains in an active bankruptcy. It really doesn't move...

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If a personal loan collector shows up to get collateral without a court order, do i need to give it to them?

If the collateral is sitting in your yard, the contract likely allows for the creditor to just take it so long as there is not a breach of the...

A family member recently called me and told me that someone came to her house looking for me regarding a debt.

You will never be arrested for having an unpaid debt. The worst thing that the creditor can do is sue you and obtain a judgment. It sounds like...

Can my ex-sppouse include my home in his bankruptcy?

The house and the mortgage MUST be listed on the bankruptcy petition. A discharge would relieve your ex-spouse of personal liability on the...

I have a debt collector by the name of Andrew Ryan that keeps calling my work and friends on a debt I'm disputing. Is it legal?

No, this conduct is not legal. The creditor probably has violated the Fair Debt Collection Practices Act as well as applicable state laws. Good...

Chapter 7 bankruptcy. The CA FTB garnished my last paycheck. I filed chapter 7 two days b4 that check issued. 45 days to return?

It may take a little while to get this money back. However, any motion filed in the bankruptcy court would also take some time before it was...

I have an outstanding bill at a mini storage company can I list this in a ch 7 bankruptcy to avoid auctioning my property.

You must list the storage company as a creditor on your petition. Once you file the petition, the automatic stay should prevent the auction from...

If I understand correctly, you want to use your 401K money to pay down your student loans. It sounds like you owe the IRS a bit of money in back...

Can I ask questions at ex 's 341?

A 341 is called a meeting of creditors, because creditors are permitted to appear and ask questions regarding the debtor's assets, income, etc. It...