Archived
After bankruptcy without reaffirming, but still making payments, will payment history be reported to the credit bureaus?
Timothy's answer
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Answered on July 23, 2015
It is my understanding that absent a reaffirmation agreement, creditors will not report the payment history to the credit bureaus. I think it is a...
Archived
In Florida is a new house purchased after a large judgment has already been granted protected by homestead exemption?
Timothy's answer
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Answered on July 09, 2015
Florida Statute 222. 01 provides the method for designation of homestead by owner before levy. The statute contains a form notice to use to...
Archived
If I file bankruptcy will it stop the foreclosure process on a property I received through probate if I am not on mortgage
Timothy's answer
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Answered on July 09, 2015
Yes, if you have an interest in the property, a bankruptcy filing will stop the foreclosure process. You need to file the case and then provide...
Archived
I have made payment arrangements with a Hospital to pay for a medical bill, which is really my deductible from 2014.
Timothy's answer
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Answered on June 15, 2015
They could take you to court to sue you and obtain a judgment. A judgment can last 20 years, meaning that they can attempt to collect it for 20...
Writ of Garnishment and HOH Exemption
Timothy's answer
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Answered on June 09, 2015
You do not need an attorney provided you have a clear case of head of family. You did not specify why you believe you are head of household. The...
When should I surrender my car before I file for bankruptcy or during
Timothy's answer
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Answered on June 01, 2015
You can surrender it early but I would advise you to keep it and get the benefit of the automatic stay. You should return it once the discharge is...
Archived
What can a creditor do if I have no income and I have a 3 yr old judgement plus other debts
Timothy's answer
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Answered on June 01, 2015
I would add that the auto is protected as long as your 1/2 interest is less than 5 thousand dollars less any liens.
Archived
Cross-collateralization of credit union loans
Timothy's answer
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Answered on May 26, 2015
Check the terms of the reaffirmation agreement for the automobile you signed with the credit union. Those terms will dictate what you owe the...
Archived
I've really no choice but to file Chapter 13 bankruptcy-can I get my car back after it was repossessed this past week?
Timothy's answer
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Answered on May 20, 2015
A creditor is not required to return a repossessed vehicle in the 11th Circuit after a bankruptcy is filed. The Court held that the repossession...
Archived
Can a collection agency garnish my wages and have me set up on a payment plan to pay separately?
Timothy's answer
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Answered on May 16, 2015
If your federal student loans are in default, the agency can garnish your wages. In addition, in order to get out of default, you will need to set...
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