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Kenneth Allen Parker
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Kenneth Parker’s Answers

44 total


  • What can I do if my check been Garnished without my knowledge?

    I notice on my last pay period that my check was short , went pull my stub off the system and the system was down. I wasn't able to retrieve it until now. I notice that was garnished for a certain amount. I called my employer they explain that my ...

    Kenneth’s Answer

    In order to have a garnishment, there is usually an underlining judgment. Check your County Court records to see if you have ever been sued. Usually, the Defendant must be served with a copy of the Garnishment but if the Defendant has moved, it's not unusual to not receive notice. There are a couple of ways to stop a Garnishment and Bankruptcy is certainly one of them. If you are considering filing Bankruptcy, there are several lawyers on Avvo in your area.

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  • How do I, the financial institution notify the employer of the chapter 7 to stop the wage garnishment?

    Unsecured debt and debtor defaulted. Got Judgement April 13th. Started paperwork for wage garnishment-finally got it going end of April. Got notification of Chapter 7 on May 20th. Called the Debtor's BK lawyer & he is out of town. I wanted to k...

    Kenneth’s Answer

    Once you learn of the bankruptcy filing, the best course of action would be to file a Stay of Bankruptcy in the court that you filed the garnishment. You can file a dismissal but a Stay of Bankruptcy may preserve your garnishment case in the event the bankruptcy case gets dismissed.

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  • Does anyone know a bankruptcy lawyer that accepts payments on chapter 7?

    We are looking for a bankruptcy attorney that will accept payment plans for chapter 7. We live in Cumming, GA. We also wanted into for chapter 13.

    Kenneth’s Answer

    Most attorneys will accept a pre-petition payment plan and offer free consultations.

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  • I got a letter from the law offices of Michael Ira asen saying I have to pay back 1,000 dollars. What should I do? Atlanta,ga

    They said I got 21 days to pay it back in full but I'm only a high school senior and now I'm jobless so that's impossible to back

    Kenneth’s Answer

    When you receive a letter from a debt collection attorney, you should always demand proof of the debt. Send the debt collector a letter demanding proof of the debt. If the debt is not yours, send a cease and desist letter. You may want to pull your credit report to make sure someone has not used your identity. You are entitled to a yearly free credit report and a good place to start is: www.AnnualCreditReport.com. If the debt is yours and you were under the age of 18 when it was incurred, you may not be responsible for the debt. FYI, a quick internet search indicates the law offices of Michael Ira asen is a debt collection law firm in Greenvale, NY.

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  • If I went bankrupt in 2007 when can I go bankrupt again?

    It was finalized in July 2007

    Kenneth’s Answer

    You can re-file 8 years and 1 day after you filed your 2007 case. The filing date controls the time period, not the discharge date. If your 2007 case was filed on March 8, 2007, then you could re-file another Chapter 7 case on March 9, 2016.

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  • Will I still owe on my car when my cosigner files for bankruptcy?

    My friend cosigned on my car several years ago. I am now upside down with just under $4,000 owed on a car only worth $2,800 before the transmission went out. I called to talk to her about repossession and she tells me that she is filing for bankru...

    Kenneth’s Answer

    If you are a co-signer on the loan and your friend files a Chapter 7 Bankruptcy, only her obligation will be discharged. You will still be obligated on the loan. If she files a Chapter 13 (Repayment Plan) the some portion of the debt might be repaid through her Chapter 13 but you can still be held liable on any unpaid balance as a co-signer.

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  • Report of No Distribution from the Trustee filed. Do I get to keep everything?

    I found the following on PACER for my case filed over a month ago... "I the trustee......report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affai...

    Kenneth’s Answer

    Provided the Chapter 7 Trustee does not amend or withdraw the Final Account and Report, then you are correct in that you will not have to surrender any property. In Bankruptcy, there is no exact date you will receive your discharge. There is a 60 day rule that basically says a debtor can't get a discharge for 60 days after their 341 meeting. Day 61 isn't the exact day you will receive the discharge but only the first date you are eligible to receive the discharge.

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  • I purchased a $33,000 truck on payments in September 2013? I can't afford it now. Can I include it in my chapter 7?

    The payment is too high and my wife just moved out a month ago. I am filing chapter 7 without her. 2 separate households. Can I walk away from the truck even though the loan is only 6 months old? Thanks!

    Kenneth’s Answer

    You should have no issues listing the debt and having it discharged.

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  • Looking to file for bankruptcy.

    Work for the Federal Gov't want to file bankruptcy. Will this effect my job! I know Gov't is very strict on this subject! But just getting by on my paycheck. Credit cards are at the max. Had mortgage re modify and still barely making it.

    Kenneth’s Answer

    Federal law prohibits employers from firing you from your job because of a Bankruptcy. HOWEVER, if your governmental job is one that requires a security clearance, it could affect promotions in the future. With that said, unless you have a high security clearance, this shouldn't be an issue.

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  • Condo surrendered in Chap 7 BK finally went to auction. What happens to post filing HOA dues that have accrued?

    Property in Atlanta, GA. Went to auction today. I understand I am still responsible but can property close if HOA fees are outstanding? Would new owner have to pay as I have no ability to do so.

    Kenneth’s Answer

    The short answer is yes, the property can close depending on the agreement between the purchaser and the HOA. BUT the HOA can still collect any HOA dues that were accrued after your bankruptcy filing. HOA dues are assessed against the owner of the property and until the bank forecloses or the property sells, you are the owner of the property and the person who gets the bill. A Chapter 7 Bankruptcy filing covers the debts you owed up to the time you filed the Chapter 7 case but not debts incurred after the filing. HOA dues are that became due after your Chapter 7 filing would not be covered by your Chapter 7 case. This is an unfortunate loop hole in Bankruptcy law.

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