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Scott Benjamin Riddle
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Scott Riddle’s Answers

6,075 total


  • Can I add a banking fee for a returned check of $9503.00 to my Chapter 7?

    I received a check for $9503.00, and the check cleared my bank. So I used the money to pay off other household bill. I checked my account yesterday, and the company that issued that check has returned it, and has caused my account to be overdrawn ...

    Scott’s Answer

    A Chapter 7 discharge covers debts as of the date you filed, not debts incurred later. Discuss with your lawyer.

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  • What happens when a person files for chapter 7 bankruptcy?

    What happens when a person files for chapter 7 bankruptcy? The mortgage of the home was paid off more than three years before filing chapter 7 bankruptcy, and there is no credit card dept.

    Scott’s Answer

    It could be a hundred different things. Actually, hundreds of different outcomes. No one here knows even a fraction of the important details. One thing is certain - it would be very, very dangerous to file a case without knowing all of the consequences. People lose houses that way.

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  • What can I expect from my attorney after having my case for 4 years?

    I was involved in a hit & run accident with injuries. The guy driving the truck finally was found and deposed in 2015. We have not been to court nor a court ordered mediation. They have declined 3 over the years. Am I just stuck trying to get ...

    Scott’s Answer

    Good questions -- for your lawyer. Set an appointment to get a status update. You can change lawyers any time, but you would still owe the current/former lawyer for their time and efforts over 4 years. Added to what you would pay another lawyer to take over, it might be a big chunk. Either way, you should not even be thinking about it until you have a sit down with your lawyer.

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  • What happens to your credit cards when a person files for chapter 7 bankruptcy?

    What happens to your credit cards when a person files for chapter 7 bankruptcy? The person paid of all credit cards depth before filing chapter 7 bankruptcy, so they did not lose a dime of there money.

    Scott’s Answer

    Ah, but the credit card issuers could still lose money if the Trustee asks for some or all of those payments back. In general, loss or no loss, the cards will be cancelled as the issuer will find out eventually. That is up to the issuer so it is possibly one slips through still open. You should not count on it.

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  • Can I be forced to do temporary work when my fulltime job was eliminated? This is temporary work, not another job position.

    I was told 4 weeks ago my job was being eliminated.I was given a verbal date of 7/29.Supervisor met w/ dept & told them I was being laid off.Last Friday 7/22 the CEO & my supervisor met w/ me.Again all verbal,made apologies for how this happened t...

    Scott’s Answer

    How is it "legal" for you to be denied unemployment benefits when you have refused to work for a paycheck? Because unemployment benefits are generally not for people who choose to not work and turn down paying work.

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  • My attorney forgot to submit a reaffirmation for my home loan 10+ years ago prior to discharge. What are my options?

    My wife and I filed bankruptcy a little over 10 years ago. We would like to keep that home since my mother is living in it and refinance to buy another home closer to our kids, but cannot refinance due to this. The loan is not being reported to th...

    Scott’s Answer

    Your logic is way, way off. You filed for Bankruptcy to get a discharge of your debts, and you apparently walked out with one. You got a discharge of what was likely your largest debt. It concerns you, yet here you are 10 years later still making payments and you still own the house. After getting "legal advice" from a phone rep at the lender, you believe your BR lawyer is somehow responsible for you not getting a refinance or qualifying for a second home 10 years later? No. The lawyer did his or her job, contrary to the analysis you are getting on the phone from the lender.

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  • Will an attorney work on contingency for a bankruptcy objection/adversary proceeding?

    I won a small claims suit, but only recouped my legal fees before the debtor filed for Chapter 7. (I did not have an attorney.) I will be objecting to the discharge of my debt based on fraud, and feel that having an attorney would be a big help...

    Scott’s Answer

    You wouldn't find many decent lawyers who would take the average/good dischargeability case on a contingency and your case would cost far more to litigate then the case is worth. Even the filing fee is often throwing good money after bad. You will have to contact lawyers directly to discuss.

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  • If you find out your fiance' has been cheating on you over and over...

    If over an 8 year relationship you found proof that cheating was going on and during years of the relationship you were called crazy and made to feel that something was wrong with you. My family was contacted and told terrible things about me alo...

    Scott’s Answer

    Courts are not the place to heal broken hearts, at least between friends, roommates, and other people with no legal relationship.

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  • Am I able to file an wrongful termination suite against my employer?

    My employee has decided to take a grant from Dallas, TX. In result, my entire office in Atlanta, GA has been laid off. They did provide proper notification, we were advise that in 90 days out, (9/27) this will be our last day of employment. We wer...

    Scott’s Answer

    There is no legal right or entitlement to severance. A rep from HR merely speculating on what you might get is not going to provide a legal or contractual right to it.

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  • Can i keep my house if it fails to sell post chapter 7

    My husband and I claimed chapter 7. One of our creditors demanded that we sell the house. The Florida trustee has listed our home. We have had over 20 people look at our home. ( we are still living in the home and yes we are keeping it nice and cl...

    Scott’s Answer

    Are you assuming the price will not change? A Trustee will normally lower the price as much as they have to to get a sale and some money for creditors. The best person to ask about this - your lawyer.

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