Archived
How can I determine if going bankrupt is right for me? Would Ch. 7 bankruptcy be the best option to choose when you have equity?
Theodore's answer
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Answered on February 19, 2013
Chapter 7 permits the debtor to get rid of all of their unsecured debt without having to make payments to that debt. It is not a good choice for...
Archived
How is it possible to garnish wages from someone who is self-employed?
Theodore's answer
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Answered on February 06, 2013
He would have to honor an order served on himself and execute against himself. if you serve him and can prove that he paid himself then you may be...
Archived
Can I remove a charge from my CR if the lender did not report the outstanding bill, but the collections agency did?
Theodore's answer
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Answered on February 06, 2013
You have to get proof that it has been paid and send that to the credit reporting agencies to have the information removed.
Archived
My husband passed away 2 months ago and had a credit card debt with bank of america I was not on the account do I have to pay it
Theodore's answer
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Answered on February 06, 2013
The other attorneys are correct. If your husband had assets that you did not already jointly own, and they pased through an estate that was being...
Archived
I have old credit card debt, about 5 1/2 years old. I want to start my own "small" business
Theodore's answer
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Answered on February 06, 2013
They can if they get a judgment, but it depends on the form of the business. If it is a d/b/a, yes.
Archived
How do you claim bankruptcy with a house included and still have a forclosure?
Theodore's answer
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Answered on February 06, 2013
Does not sound like you did anything wrong. The house was foreclosed, but you escaped any laibility under the Note when you got your discharge. ...
Archived
How often is someone sued in a district they never lived for credit card debt?
Theodore's answer
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Answered on February 06, 2013
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in...
Archived
I would like to know if we can change our chapter13 to a chapter 7 and still keep out home ?
is [email protected]
Theodore's answer
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Answered on February 06, 2013
You should review this with your current bankruptcy attorney. I do have clients file a 7 and then defend the foreclosure, but that is a different...
Archived
Exemption on automobile in chapter 7
Theodore's answer
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Answered on February 06, 2013
The application of the exemptions is based on ownership. There are two bodies of law that you must choose from, federal or NYS. The one you...
If I let my home go into foreclosure, can they seize or freeze my Social Security and Military pension deposits to my bank?
Theodore's answer
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Answered on February 06, 2013
Social Security no, pension yes, and yes to both if you co-mingle the funds in the same account.
The bank has to go after you for the...
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