Archived
Does the Fair Debt Collection Practices Act apply to a company that buys judgments and then tries to enforce them?
Mitchell's answer
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Answered on December 05, 2010
The Fair Debt Collection Practices Act applies to anyone trying to collect a debt for another party regardless of whether they were hired to...
Archived
We filed chapter 7 a few years ago and recently found out our car has a lien. the creditor says we should have filed a lien
Mitchell's answer
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Answered on December 05, 2010
First, the lien could not be avoided if you voluntarily gave the creditor the lien and received something for it.
Second, while the lien remains...
Archived
I am a co-owner of insurance brokerage company (NYS CORP); my partner(50% owner) is about to file chapter 7; any affects to Co?
Mitchell's answer
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Answered on December 05, 2010
If it is a corporation, then the trustee can only get at the unexempt portion of the shares of the corporation. The value of the corporation is...
Archived
I assumed all debt in the divorce and was unemployed until 5/2010. At that time I was trying to save my home from foreclosure.
Mitchell's answer
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Answered on December 05, 2010
It depends on your divorce decree and whether it was amended. If the decree required you to pay it and there was no amendment, then you may be...
Archived
Is it legal for a debt collection agency to contact me and bill me before it's been assigned a debt by the original creditor?
Mitchell's answer
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Answered on December 05, 2010
Generally, each letter from the same debt collector about the same debt is not a separate violation (if a violation does exist). The debt collector...
If i recieve food stamps and badgercare public assistance can someone file a judgment and garnish my wages?
Mitchell's answer
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Answered on December 05, 2010
You must have wages to have them garnished. If you do, Wisconsin law appears to not allow garnishments if your wages are below the federal poverty...
Archived
I refinanced a car that was part of bankruptcy, can i still surrender this to the bank without issues ?
Mitchell's answer
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Answered on December 05, 2010
If you refinanced the debt, then you took out a new loan after filing and are liable for it. If you signed and filed a reaffirmation agreement that...
Archived
I'm paying $100.00 a month to my dentist but he charging like 18% interest fees is there anything I can do
Mitchell's answer
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Answered on December 05, 2010
Trading one debt for another is a bad idea because it can hurt you in the long run. The first thing to do when a debt is burdensome is to talk to...
Archived
What happens to my investment if I file Bankruptcy?
Mitchell's answer
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Answered on December 05, 2010
If you receive the dividends before filing and spend them on general living expenses or put them into a protected asset (that depends on the...
Archived
When a chapter 7 bankruptcy has been discharged can the trustee still have assets appraised?
Mitchell's answer
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Answered on December 05, 2010
If you did not exempt 100% of Fair Market Value and the trustee determines that the property is worth more than what you scheduled, the trustee can...
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