Archived
Chapter 13, will the Court approved if we propose sustainable amount for payment Plan to be locked in for the remaining months.
Mitchell's answer
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Answered on January 25, 2011
If the attorney filed a plan without your signature, consult with the local U.S. Trustee. If you signed it, then the plan is properly before the...
Archived
Can a mortgage company put a lien on my current residence or take money from my account to cover charges for a home in default?
Mitchell's answer
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Answered on January 25, 2011
You should consult with a local consumer law attorney. The creditor could sell the property and sue you to collect whatever money was lost. Then,...
Archived
Student loans garnishing my wages - what to do?
Mitchell's answer
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Answered on January 25, 2011
Student loans have to be repaid. The lenders have administrative authority to garnish and do not need a judgment. The only good news is that there...
Archived
Are there any time limits for a lawyer to collect their fees ?
Mitchell's answer
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Answered on January 25, 2011
The other attorney is a debt collector subject to the Fair Debt Collection Practices Act. You can dispute the debt based on the age and make the...
I received a certified letter from my HOA's attorney to collect hoa dues I don't owe with the threat of a lien if I don't pay.
Mitchell's answer
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Answered on January 25, 2011
You may be able to take the offensive and sue for a declaration that you do not owe the money. The attorney is a debt collector subject to the Fair...
Archived
Should I pay rent to the bank or the landlord when the landlord has filed Chapter 7 bankruptcy?
Mitchell's answer
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Answered on January 25, 2011
Do not follow that advice. Failure to pay the rent can get you evicted. You are obligated to continue paying the rent. Pay the landlord until you...
Archived
How should a mortage that was discharged in Ch 7 Bk be reported if I have been making timely paymetns for 3 yrs since the BK?
Mitchell's answer
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Answered on January 25, 2011
Most attorneys do not recommend that you reaffirm a mortgage. Because of the lien, as long as you pay the mortgage, you can keep the house. The...
Archived
Good Afternoon. My question is regarding school loans and garnishments. Thank you.
Mitchell's answer
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Answered on January 25, 2011
Student loans are now subject to Income Based Repayment Programs. Contact the creditor about such a program. Never give out your bank account or...
What is the validity of a summons if it is sent to an old address in another state?
Mitchell's answer
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Answered on January 25, 2011
A judgment served at an address where you did not live is not substituted service and is not valid. If an adult at that address was authorized to...
Archived
When getting married, does the debt the husband has fall on the wife?
Mitchell's answer
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Answered on January 25, 2011
New York is not a community property state. If your spouse (or soon to be spouse) is not liable on that debt, then she will not be affected at all....
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