Skip to main content
Jason Meyer Krumbein

Jason Krumbein’s Answers

466 total


  • I made a mistake and and call my credit card company and tod them I think my card was charged and went to the police about dis

    I might be in trouble

    Jason’s Answer

    Your question is not clear, and in this case that is a good thing..

    Most likely, your mistaken report to the police can be corrected by updating them and telling them that you mis-remebered.

    You should see an attorney soon.

    See question 
  • What should I do!? Bankruptcy help!

    I'm afraid that I have royally screwed up here. Long story short my husband (active duty army) and I have a lot of credit card debt etc that we stopped paying long ago. Our credit scores are both horrible, probably under 500. We have FINALLY decid...

    Jason’s Answer

    This is called a YO-YO sale. They keep bringing you back until they get you to pay more and more.
    You should see a consumer protection attorney near you ASAP.

    There is a good one near you in Newport News. http://clalegal.com/
    or you can search the database of the National Association of Consumer Advocates: http://ow.ly/wADw302DDJL

    See question 
  • Should I leave it alone ?

    My car was repossessed a year ago in Virginia. The bank has never come after me for a deficiency. They never sent me a notice to auction the vehicle or anything. My credit report reflects a repo. Im wondering if I should let the statue run ( Repo...

    Jason’s Answer

    Very complicated answer.
    There are some errors that Cap 1 has committed.
    Lets talk about the repo first.
    After a car is repossessed (or any other secured debt), the car finance company is required to send you a notice that they intend to dispose of the collateral (the car) and they must tell you if it is a public auction or private sale. The sale must be commercially reasonable. After they sell the car, they must send you a notice explaining the deficiency or surplus. If they fail to do so, they cannot offer proof of the sale price, and you are entitled to statutory damages in the amount of the entire finance charge plus 10% of the purchase price being offset against what you owe.

    Now lets talk about the credit reporting.
    It is technically accurate and not misleading for them to report that there was a delinquency and that the collateral (the car) was repossessed. However, the balance is most likely not accurate.

    There is some good case law on point, in Virginia law on repossessions and in Federal law on credit reporting., and I have blogged on some of it.
    Repossession: http://ow.ly/1kYI302DDgo
    Credit reporting: What is false: http://ow.ly/QTpD302DDoc
    Credit reporting: Howto: Fix false information: http://ow.ly/YoLF302DDsT

    Based on this, you should hire a good consumer protection attorney.
    There is a good one near you in Newport News. http://clalegal.com/
    or you can search the database of the National Association of Consumer Advocates: http://ow.ly/wADw302DDJL

    See question 
  • Is it mandatory that the defendant attorney file notice of appearance or is only an answer appropriate?

    In an adversary proceeding through Chapter 7 for student loans. Attorney didn't file notice of appearance. What should I do?

    Jason’s Answer

    An answer acts as a notice of appearance.
    If another attorney is also going to appear in the case they would file a notice of appearance.

    See question 
  • Can I file bankruptcy & it get rid of all my hospital bills & student loans??

    I am knees deep in hospital bills!! I have been ill for years & out of work, the hospital bills have been building up & being out of work, I cant pay my student loans, will filing wipe out these loans & bills in addition to my others??? PLEASE H...

    Jason’s Answer

    Yes.
    In fact, that is one of the primary uses of Bankruptcy, and medical bills are one of the more popular reasons why people need to file for Bankruptcy.
    Seek a competent local Bankruptcy lawyer for assistance.
    While this CAN theoretically be done without a lawyer, Bankruptcy is a VERY complex area of law that implicates nearly every other area of law. Its a little like doing abdominal surgery on yourself. you might live, but the odds are against it.

    See question 
  • What are the guidelines for attorneys collecting funds as a debt collector?

    I responded to a demand letter with a dispute of a portion of the debt paid the undisputed portion and the attorney still filed suit for the full amount and did not return my money.

    Jason’s Answer

    You need to talk to a consumer protection attorney quickly.
    This behavior of the collection lawyer is unacceptable. They are not allowed to collect on the disputed amount until they verify it, and they are not allowed to collect on the paid portion at all.
    Hiring a lawyer is in your best interest.

    See question 
  • Warrant of debt in Virginia - questions

    My father received what looks like a copy of a warrant of debt in mail. Usually we get this delivered or left by local sheriff. Says he is to appear in next week. Due to his health issues he cannot get around. Well (just had heart surgery). He i...

    Jason’s Answer

    Easy questions, so easy answers.

    1- Social security is exempt from creditor process. This means that they cannot attach that money. Due to new regulations, the bank is required to know that this is social security, and take steps to prevent forwarding this money. Now the complicated issue. If the social security is mixed with ANY other money, you have a fight over the money. So the important lesson here is do not mix any other money with the SS money. No gifts, no loans, no interest, nothing.

    2- A judgment is a common CAUSE of a Bankruptcy. Unless the claim is for fraud, student loans or something like that that would be non-dischargeable (see 11 USC 523 for the list of non-dischargebale debts--link here: http://ow.ly/waL1301YqnO ), he can always file Bankruptcy.

    Based on your description, now would be a good time to meet with a Bankruptcy lawyer. in the Williamsburg area.

    See question 
  • Can my husband put a mechanics lien on the property we live in but my parents own for work done?

    We are facing possible divorce and my husband wants money back for what he put into our property. The property is in my parents name, but my husband is a contractor and had done work on the property to his liking. He wants it sold and profits div...

    Jason’s Answer

    The answer to your question is not clear.
    First- He can file a mechanics lien, in the circuit court, however, there are procedures he must follow, or the lien is not valid. First, the lien must be filed within a certain time period, and second, he must file a lawsuit to perfect the lien within a certain time period. Both times are relatively short, possibly as short as 90 days.

    Second- He may have a difficult time claiming that the work is money all owed to him. If your parents did not request the work, the court may view that as a gift, or "ameliorative waste".

    Third, he may be entitled to nothing since he lived there.

    This is a very complicated question, that you should consult a construction law lawyer.

    See question 
  • How is monthly payment to creditors calculated under Chapter 13

    My credit card debt is $48,000. This debt is under my name only. My wife is not on them. Haven't made payments for 1 year. Own a house with my wife on the Deed. That's our only big asset. Equity in the house is about $50K. My wife and I fil...

    Jason’s Answer

    This is an extremely complex question, because it touches on so many things.

    The SHORT version of the answer is that the payment is the highest of 3 options
    1- An amount above the amount creditors would have received in a chapter 7. But this means calculating the exemptions, and it doesn't sound like the lawyer gave you an explanation on the exemptions, or thought about them very carefully.
    2- The amount necessary to pay your secured creditors all that they would get and something for unsecured creditors.
    3- The amount necessary to pay under the means test.
    Note that the payment is the HIGHEST of the 3. Not the lowest, and not the middle.

    The liquidation test (#1) is a very complicated analysis, because it requires knowing the exemptions that apply, and how to properly apply them. For example, with no joint debt I would ask about the title to the house, to determine if the property could be exempt under tennants by the entireties (TxE). But the tax debt might qualify as joint debt, however, it is less than 2 years old, so it is priority debt, and must be paid in full before other unsecured creditors.

    In this case, I would recommend a visit to another Bankruptcy lawyer, perhaps one in a larger town, that is primarily, if not exclusively, a Bankruptcy lawyer, rather than a general practitioner.

    Chapter 13 is NOT something that is successful by people without lawyers. As has been mentioned, less than 3% of pro-se Chapter 13s complete, and I have never seen one, and I have been watching for the last 15 years. Chapter 7 is possible to complete without a lawyer, but it is still very complex.
    IN this case, hiring a lawyer will save you a lot of money down the road.

    See question 
  • Can debt collectors call non-stop when you have asked them to stop?

    I make monthly payments on an item that is rented. Due to the fact my 2 dogs died within a couple weeks of each other, the vet bills & cremation fees have used up every penny I have for this month. My next paycheck will post on July 1st. Our re...

    Jason’s Answer

    I agree with Mr. Hart.

    The Federal Fair Debt Collection Practices Act controls the actions of 3rd party collectors. It does not apply to employees of the creditor.

    You should not do a payday loan. Payday Loans are a greater chance to be ripped off.

    Based on your description, I do not see a claim.

    See question