Archived
Can a doctor withhold forwarding medical records if they are owed money, we listed the doctor's bill on chapter 13 bankruptcy
Brett's answer
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Answered on October 13, 2008
Indiana may have what is called a "retaining lien" that might allow a doctor to keep non-medically necessary records until your bill is paid. If...
Archived
What can a debtor do under fair collection laws in IN state against a creditor that keeps calling
Brett's answer
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Answered on October 13, 2008
Your attorney can file a lawsuit in Bankruptcy Court against the creditor for violating the automatic stay. If your attorney won't do this, ask for...
Archived
What can a person do to contest a lawsuit over debt that does not belong to him
Brett's answer
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Answered on October 13, 2008
It sounds as if you don't have a lawyer, and the other side isn't taking you seriously, assuming that you are unfamiliar with Court procedures and...
Archived
If a creditor was listed on a chapter 7 filed 4 years ago, can that creditor assign the debt to another company
Brett's answer
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Answered on October 13, 2008
Selling a discharged debt, in and of itself, is not a violation of the discharge stay. Attempting to collect it, however, is. You should discuss...
Archived
My bankruptcy attorney refuses to write a letter to our management company what should I do
Brett's answer
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Answered on October 13, 2008
Have you asked your attorney why he/she refuses to agree to this? I routinely allow my clients to discuss the possibility of a loan modification...
Can a person that lost a civil lawsuit discharge the award in bankruptcy
Brett's answer
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Answered on October 13, 2008
Generally speaking, yes. Two caveats, however:
1. Liens resulting from the judgment are not wiped out without bringing a separate lien avoidance...
Archived
Under LA state debt collection laws is a creditor obligated to negotiate payment terms
Brett's answer
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Answered on October 13, 2008
Student loans are dischargeable in bankruptcy only in cases of "undue hardship," which can be a very difficult standard to meet. Creditors are not...
Archived
Can a person filing bankruptcy get a lawsuit judgment involving fraud discharged
Brett's answer
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Answered on October 13, 2008
She can file. However, you may be able to bring a non-dischargeability action against her for matters related to the estate debt if she committed...
Will filing a chapter 7 bankruptcy prior to marriage affect my new spouse
Brett's answer
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Answered on October 13, 2008
Assuming that you receive your discharge before you are married, and you have no joint debt, it should not directly affect your future spouse....
Archived
If I file bankruptcy for my failing business can I discharge the business lease agreement
Brett's answer
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Answered on October 13, 2008
Bankruptcy is pretty much an all or nothing deal. You can only file on *all* your debt; you can't pick and choose.
Generally speaking, it is...
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