Archived
Can my wages be garnished if I was a co-lessor and gave mgmt a letter saying I was no longer responsible?
Derek's answer
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Answered on December 02, 2019
Unfortunately, yes, they can. You cannot unilaterally just say that you're no longer liable under your contract. You agreed to the terms of the...
Archived
Declaring bankruptcy after trial has started, is it possible?
Derek's answer
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Answered on December 01, 2019
Yes, it will stop the trial. You'll need to put the plaintiff and their attorney on the matrix so they'll be notified. You'd also need to call the...
Archived
Can I sell a vehicle that is not part of my bankruptcy ?
Derek's answer
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Answered on December 01, 2019
You're mistaken. You are required to list all your assets as well as all your obligations so the vehicle is part of your bankruptcy estate until...
Archived
By stating you can “keep” your car after chapter 7? misleading
Derek's answer
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Answered on November 30, 2019
You're correct about the car finance company having discretion to enforce the requirement of filing a reaffirmation agreement. Most don't except...
Archived
Should I file for bankruptcy before or after the trial?
Derek's answer
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Answered on November 30, 2019
There's no advantage to waiting to file until after the trial. You'd just go through needless aggravation and incur additional attorneys fees to...
Received a civil summons for discover card for around 7200.00. How do I proceed?
Derek's answer
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Answered on November 28, 2019
There's no filing fee for filing a response to the complaint. However litigating and defending against the suit could end up being pretty expensive...
Archived
CAN I FILE FOR CHAP13 BANKRUPTCY, WHEN UNEMPLOYED?
Derek's answer
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Answered on November 27, 2019
You can continue with your current chapter 13 as long as you can continue to make the required payments. If you can't make the payments you may be...
Archived
I’m in Chapter 13 Purchased a vehicle with court permission, fell behind on payments,now company is trying to lift the stay.
Derek's answer
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Answered on November 26, 2019
Your attorney may be able to work something out with the creditor to allow you to cure the past due payments. If they do repo the car this debt...
How do I file a proof of claim against a company that is filing for Chapter 11 bankruptcy?
Derek's answer
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Answered on November 25, 2019
You obtain a proof of claim form, fill it out and file it with the appropriate bankruptcy court. The should've sent you a blank proof of claim...
Can they repossess my car after 20 month of regular payments after my Chapter 7 was discharged?
Derek's answer
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Answered on November 25, 2019
Your question is confusing. I suspect that you're in a ch13 rather than a 7 because you say that you've been in a ch7 for 20 months. Typical ch7s...
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