Archived
What should I expect and how should I prepare for court date for credit card debt? (I know I owe them)
Brian's answer
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Answered on June 09, 2014
If you have not already done so, you will want to file a written answer. When you arrive in court, the creditor's attorney will likely ask you if...
Archived
I am wondering if after discharging in Bankruptcy, Chapter 7, I would be able to open a new checking account,
Brian's answer
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Answered on June 06, 2014
You should be able to open an account. There is no rule that would prevent you from doing so as a result of your bankruptcy filing. If your...
Archived
I have 4 payday loans out and I can't pay them. I have entered in a payday loan help program. My question is can I go to jail?
Brian's answer
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Answered on June 05, 2014
You cannot go to jail as a result of an unpaid debt. This is a civil matter unless you have engaged in some kind of fraudulent behavior. The...
Archived
I have agreed with a debt collection agency to make 3 payments to settle the debt. Should I sign a consent judgment.
Brian's answer
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Answered on June 05, 2014
Did you previously agree to consent to the judgment? If not, I don't see why the creditor needs the judgment now. Once you make your final...
Archived
I owe money to a credit card that was court ordered for me to pay. If I file bankruptcy will this amount due be covered?
Brian's answer
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Answered on June 05, 2014
A credit card debt is generally dischargeable in a Chapter 7 bankruptcy. Whether a bankruptcy filing makes sense for you depends on several...
Archived
Need to file bankruptcy
Brian's answer
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Answered on June 03, 2014
You can exempt at least part of your severance package. However, we don't know the actual value of the severance, so it's impossible to say how...
Archived
I getting threats from a Attorney claiming to filing charges with the State Attorneys General office regarding a debt.
Brian's answer
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Answered on June 03, 2014
These threats are not from an attorney but from some lowlife debt collector sitting in a windowless call center. You cannot and will not be...
Archived
CAN ATTORNEYS FOR DEBT COLLECTORS TELL PEOPLE THE WILL BE ARRESTED FOR NOT PAYING A DEBT?
Brian's answer
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Answered on June 02, 2014
No. This conduct is highly illegal. You may have a cause of action under the Fair Debt Collection Practices Act. You cannot be arrested for...
How do I go about filing a motion to seal my bankruptcy records?
Brian's answer
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Answered on June 02, 2014
Papers filed in a bankruptcy case are a matter of public record. There is a very limited set of circumstances where you could have your records...
Archived
While in a chapter 13 bankruptcy, can I take a loan from my 401K? I am attending a funeral out of state, need money for expenses
Brian's answer
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Answered on June 01, 2014
You may take out the loan. I don't recommend a loan against a retirement plan. In many districts, you need an order of the court to incur new...
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