Questions answered by Walter F Benenati

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I live in Orange County, FL. I am filing bankruptcy and my lawyer is suggesting we do Chapter 7 with a loan modification.

Walter's answer | Answered on April 08, 2015

The first thing I would say, respectfully, is it does not bode well for your lawyer if you do not trust his or her expertise and instead are...

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Writ of garnishment

Walter's answer | Answered on April 06, 2015

If you move fast enough, the money still may be held by the court. Go through the process of filing your Claim if Exemption. Or if you are ready to...

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Can a debt collector really freeze your bank acct with a writ of garnishment notice?

Walter's answer | Answered on March 24, 2015

Yes, yes, and yes. Even if you have a judgment in place which it seems you do, it can be wiped out. Please obtain a consultation to discuss your...

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I will need to file a bankruptcy. I own a business, is there a different bankruptcy I need to file ?

Walter's answer | Answered on February 27, 2015

Most of my clients like to file both a business and a personal bankruptcy. It is cleaner that way. Keep in mind a Chapter 7 business bankruptcy...

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I've been told that if I plan to file for bankruptcy, that I should stop paying all my credit card bills now. Is that true?

Walter's answer | Answered on February 11, 2015

You don't "have to" but we normally recommend to stop paying because they will be discharged anyways. Be careful though. If you just applied for a...

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Parents are filing bankruptcy, they want to transfer a car to my name, what do i have to do to make this happen?

Walter's answer | Answered on February 02, 2015

Chances are the vehicle is not going to be refinanced so even if they transfer the car to your name, the bank still owns it. Usually the car has to...

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I have a $56k debt I cannot afford & is accruing at an astonishing 18% rate. For YEARS I've tried to negotiate a lower rate,

Walter's answer | Answered on January 27, 2015

We would determine if the checking account is protected during a free consultation. There are different things you need to be concerned about and...

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Vehicle value and other requirements regarding Florida Chapter 7 Bankruptcy.

Walter's answer | Answered on January 12, 2015

There are questions I need to ask before giving my suggestion. I always frown on trading in a car on the eve of filing bankruptcy. See an attorney...

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Our chapter 7 was not discharged because our attorney did not send the trustee our last credit class.

Walter's answer | Answered on January 05, 2015

Call your lawyer - go to his office in person. Do it today. it can easily be handled.

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Bankruptcy advice

Walter's answer | Answered on December 31, 2014

There are rules regarding your set of facts that require a lawyer. From the set of facts you have offered, I think you will be fine and will not...

Walter F Benenati's Answers (94)

I live in Orange County, FL. I am filing bankruptcy and my lawyer is suggesting we do Chapter 7 with a loan modification.

Writ of garnishment

Can a debt collector really freeze your bank acct with a writ of garnishment notice?

I will need to file a bankruptcy. I own a business, is there a different bankruptcy I need to file ?

I've been told that if I plan to file for bankruptcy, that I should stop paying all my credit card bills now. Is that true?

Parents are filing bankruptcy, they want to transfer a car to my name, what do i have to do to make this happen?

I have a $56k debt I cannot afford & is accruing at an astonishing 18% rate. For YEARS I've tried to negotiate a lower rate,

Vehicle value and other requirements regarding Florida Chapter 7 Bankruptcy.

Our chapter 7 was not discharged because our attorney did not send the trustee our last credit class.

Bankruptcy advice