Archived
Does the new bankruptcy laws require the lawyer to conduct a background check of debtor before filing chapter 7 petition
Brett's answer
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Answered on October 13, 2008
It depends on what you mean by "check my background."
Most attorneys will require copies of a potential client's credit report, deeds, and car...
Archived
Will getting married affect my chapter 13 bankruptcy, will it affect my new spouse
Brett's answer
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Answered on October 13, 2008
It is possible that given the increase in your household income, the Chapter 13 Trustee could require an increase in your monthly payments. My...
Archived
Are debts listed on the divorce decree solely the responsibility of that spouse or are both spouses still liable for the debt
Brett's answer
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Answered on October 13, 2008
This is more of a domestic issue than a bankruptcy/debt issue, but you should speak with your domestic relations attorney and see about filing for...
Under NY state debt collection law can a creditor try and garnish my wages for unpaid credit card debt
Brett's answer
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Answered on October 13, 2008
1. Your wages cannot be garnished unless first you were sued, served, and a judgment was entered against you. Setting aside a final judgment can be...
Archived
How long do past due accounts and bankruptcy stay on a persons credit report
Brett's answer
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Answered on October 13, 2008
Past due accounts: 7 years.
Chapter 13 bankruptcy: 7 years from filing.
Chapter 7 bankruptcy: 10 years from filing.
Archived
Can a person filing chapter 13 bankruptcy also file a claim against the case if they had to pay out a large debt
Brett's answer
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Answered on October 13, 2008
Generally, no. If there is a defense to a claim, however, that defense can be raised (and litigated) in the bankruptcy case.
Brett Weiss
Archived
Can my parents seek bankruptcy protection, they have no income and have about $25,000 in credit card debt
Brett's answer
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Answered on October 13, 2008
While your parents may be "judgment proof"--they have nothing that really can be attached or garnished--the creditors can still call them...
KY debt collection laws, car repo, creditor trying to collect additional monies, what are debtor's rights against creditor
Brett's answer
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Answered on September 30, 2008
Generally speaking (and I don't know the statute of limitations or repossession law of KY; it could offer you some protections), the answer is...
Archived
South carolina debt settlement law, final payment to creditor, paid in full
Brett's answer
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Answered on September 30, 2008
Different states have different rules regarding such notations on a check, and the "payment in full" notation may be useless if an agreement...
Archived
When is a person judgment proof
Brett's answer
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Answered on September 30, 2008
"Judgment Proof" simply means that the creditor is unlikely to be able to recover any money if it sues and gets a judgment. Typically, such people...
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