Archived
Would paying back a loan I took from my 401k be a problem when filling for chapter 7 using money I receive as severance?
Joseph's answer
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Answered on May 06, 2013
Generally, when a person seeks to convert to a different bankruptcy chapter and when that person is seeking to protect a sizable sum, that person...
Archived
My husband forged my name on a mortgage loan. This was a private transaction. There were no Title Companies or notaries.
Joseph's answer
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Answered on May 06, 2013
Generally, a person claiming forgery by a person with apparent authority (say, a spouse) has to establish the forgery AND that the spouse was...
Archived
Do I have to pay for a loan on a joint checking account that my ex-wife has agreed to pay on the divorce settlement,
Joseph's answer
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Answered on May 03, 2013
Generally, co-signers on a loan are always going to be jointly and severally liable. A divorce decree implementing a property settlement agreement...
Archived
Is there a way to remove myself as the co-signer of my son's student loans now that he has graduated?
Joseph's answer
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Answered on May 03, 2013
Generally, one cannot be removed from a co-signed loan absent bankruptcy or creditor consent. Additionally, the loan contract may provide a way...
Archived
Philadelphia Pa
authorized user on a card, after dead of spouse company has held me responsible can they legally do that
Joseph's answer
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Answered on May 02, 2013
Generally, an "authorized user" of a credit card is not liable for the charges made or the subsequent balance. However, if the credit card was...
If a lien and title of car is in wife's name only, can I be held responsible for debt in divorce?
Joseph's answer
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Answered on April 26, 2013
Generally, a creditor cannot make a spouse liable for premarital debts. However, a divorce court can make a spouse pay the other spouse's expenses...
Archived
I am on SSD, no assets. How do I keep the Credit card company. From attacking my bank account?
Joseph's answer
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Answered on April 25, 2013
Generally, both the bank and the levying judgment creditor have a duty not to knowingly attach, seize, or otherwise take money in a bank account...
Archived
In NJ can a debt collector require copies of bank statements and account numbers?
Joseph's answer
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Answered on April 24, 2013
Generally, a debt collector in New Jersey cannot "require" an alleged debtor to produce any documents. However, there are exceptions. If the debt...
Archived
My friend thinks he charged too much prior to his bankruptcy. What are the chances the credit card companies will challenge?
Joseph's answer
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Answered on April 23, 2013
Neither you nor your friend should be admitting to bankruptcy fraud or other fraud on an internet forum. Nothing is anonymous anymore, and you...
Archived
Writ of execution
Joseph's answer
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Answered on April 23, 2013
If you are in receipt of advice from an attorney, additional questions should be directed to that attorney. That person is in the best position to...
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