Questions answered by David John Rausa

Archived

My private student loan cosigner declared bankruptcy, and now my account is on hold and I can't make payments. What should I do?

David's answer | Answered on March 05, 2015

This is a common problem and very tricky. The conduct of the Private student loan lender is determined by the contract for the loan. Typically...

Archived

My online college lied to me about student loans stating that payments would be $25.00 but are $1000.00 a month.

David's answer | Answered on March 05, 2015

There are a few attorneys in California that specialize in Student Loan Rehab, management, and payment options. I think it would be prudent for you...

Archived

Motion to Convert from 13 to 7

David's answer | Answered on March 04, 2015

Our local rules have just changed, effective 3/1/15. The chapter 7 trustee is going to require all due diligence documents. Also, an Order...

Archived

Can a loan debt from University of California hold transcripts during a Ch 13 BK filed in the Southern District of California?

David's answer | Answered on March 04, 2015

The withholding of transcripts for a pre petition debt is in violation of the automatic stay. I am unclear if you incurred the school loan after...

Archived

My tax refund was "offset'ed" due to my wife's U.S. Dpt. of Education loan.....What can I do?

David's answer | Answered on March 03, 2015

Both you and your wife need to contact a local attorney who practices in the area of Student Loans and taxes. There are a few attorneys in San...

Archived

I receive a notice from the chapter 13 trustee, an order dismissing proceedings if I dont pay my dilinquency amount,

David's answer | Answered on February 28, 2015

You will need to file an opposition to the motion to dismiss.

Archived

My vehicle was repossessed by a company, before the letter of repossession was given to me. Do I have a case?

David's answer | Answered on February 26, 2015

I think that you have waited to long to bring any claim. I do not believe that it was actionable anyway. A vehicle can be repossessed if the terms...

Archived

In a Chapter 7 bankruptcy, being served something by mail do I get the additional time of 5 days for mailing?

David's answer | Answered on February 25, 2015

There are many local attorneys who would be available to offer a free consultation regarding your releif from stay motion.

Archived

What protection is provided to a co-debtor who is not in bankruptcy during the chapter 13 process?

David's answer | Answered on February 24, 2015

There are co debtor protections in a 13. The co debtors attorney needs to address the issue. If that attorney does not, then you will need to hire...

Archived

What recourse do I have against my HOA for attempting to foreclose wrongfully in CA?

David's answer | Answered on February 24, 2015

A complete review of all the fees and costs have to be reviewed by an attorney. Additionally, there may be some options to prevent the foreclosure...

David John Rausa's Answers (2016)

My private student loan cosigner declared bankruptcy, and now my account is on hold and I can't make payments. What should I do?

My online college lied to me about student loans stating that payments would be $25.00 but are $1000.00 a month.

Motion to Convert from 13 to 7

Can a loan debt from University of California hold transcripts during a Ch 13 BK filed in the Southern District of California?

My tax refund was "offset'ed" due to my wife's U.S. Dpt. of Education loan.....What can I do?

I receive a notice from the chapter 13 trustee, an order dismissing proceedings if I dont pay my dilinquency amount,

My vehicle was repossessed by a company, before the letter of repossession was given to me. Do I have a case?

In a Chapter 7 bankruptcy, being served something by mail do I get the additional time of 5 days for mailing?

What protection is provided to a co-debtor who is not in bankruptcy during the chapter 13 process?

What recourse do I have against my HOA for attempting to foreclose wrongfully in CA?