Archived
I am a cosignor on a student loan of an ex-girlfriend. What are my options if she chooses not to pay in order to make me do so?
Mitchell's answer
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Answered on May 29, 2012
Never co-sign for a friend or relative unless you want to strain the relationship and lose the money. You are stuck. All you can do is sue her....
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Archived
Can I dismiss my Second Mortgage in my bankruptcy even though i have a first mortgage with the same bank
Mitchell's answer
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Answered on May 29, 2012
The personal obligation can be discharged, but the lien cannot be removed unless you file for Chapter 13 AND the payoff on the first is more than...
Archived
Can an AZ state income tax debt be included in a bankruptcy if 3 yrs old?
Mitchell's answer
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Answered on May 29, 2012
The debt must be included. Generally, taxes have to be have been due more than 3 years ago, with a tax return filed more than two years ago and a...
Archived
We are filing for bankruptcy and before doing so we are selling our motorhome to our sister? Will this be o.k.?
Mitchell's answer
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Answered on May 29, 2012
Here's the problem. You will be giving it to her to satisfy an unsecured debt. This will considered an insider transaction AND a preference. You...
Archived
Sibling wont pay his half of property tax
Mitchell's answer
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Answered on May 29, 2012
There is something called contribution. You might be able to sue him for his half, but you are going to have to pay it first.
Archived
I have been served a summons from Capital One for $3,000, how much does it cost to answer the summons
Mitchell's answer
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Answered on May 29, 2012
Are you looking to file a counter-claim? If so, why not raise defenses instead?
Archived
I have a 30 year old guaranteed student loan that I would like to make small monthly payments to, but where do I begin???
Mitchell's answer
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Answered on May 29, 2012
If it was a federally guaranteed loan, contact the U.S. Department of Education for Income Based Repayment options or even administrative...
Can a company call me about a payment when the due date isn't near and I'm current on my account?
Mitchell's answer
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Answered on May 29, 2012
Mr. Lipshutz is correct. If this is not a debt collector, then you cannot dispute this under the Fair Debt Collection Practices Act, because it...
Archived
Post judgment execution after a default judgment in Texas
Mitchell's answer
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Answered on May 29, 2012
Everything depends on what is being seized. This is a civil matter. Anyone acting under a writ of seizure (or fieri facias as it may be known) can...
Got a summons today from Capital One; they are suing me for $2,000, I am totally broke, and have no idea of how to answer
Mitchell's answer
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Answered on May 29, 2012
You need to respond to all allegations and you need to heed Mr. Stempler's advice.
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