Archived
Is the statue of limitation on debt based on the state the debt was incurred or the state you currently live?
Brent's answer
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Answered on December 02, 2013
That is a tricky question. In some states the SOL is based on the the choice of law provision in the contract. However in TN they hold that SOL...
Archived
Does the deed need to be in my name to qualify for homestead exemption?
Brent's answer
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Answered on November 27, 2013
Yes you must be the owner of the residence to claim an exemption.
Archived
Can I file Chapter 13 when I just filed a Chapter 7 a few years ago?
Brent's answer
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Answered on November 13, 2013
You can file a 13 however given the facts as presented you will not be eligible for a discharge. That may not be an issue as student loans (even...
Archived
If a wage garnishment case was dismissed (without prejudice) in my home county can a lawyer refile in a county I do not live in?
Brent's answer
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Answered on November 06, 2013
Although I do not know KY law, generally a lawsuit must be brought where the defendant resides or where the contract was signed. Wrong venue is...
Archived
Can u get arrested for defaulting on an online payday loan in Tennessee?
Brent's answer
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Answered on November 04, 2013
No and if it is a debt collection agency then it is likely a FDCPA violation. You should speak to a consumer rights attorney
Archived
If a pay day company has filed for a judgement in the court but collects the funds BEFORE the court date, are they entitled to
Brent's answer
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Answered on November 04, 2013
More than likely, you would have to look at your contract to be sure
Archived
If a chapter 13 trustee files a motion to convert a chapter 13 to a chapter 7 does that person have to pass a means test in TN
Brent's answer
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Answered on October 25, 2013
That is a fairly strange situation. Usually, at least in this district, chapter 13 trustees file motions to dismiss not to convert unless the case...
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Archived
I'm confused! It's my understanding that I can't pay any select creditors more than $600.00 within 90 days of filing a chapter 7
Brent's answer
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Answered on October 25, 2013
Yes you are confused, which is why you need an attorney. The rule you are thinking of does not say that you can not pay a creditor it says that if...
Can bankruptcy take your workmans comp settlement?
Brent's answer
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Answered on October 24, 2013
If in a chapter 7 no. If in a chapter 13 then that money is considered disposable income and would get paid into your plan. However, talk with...
Archived
Deceased mother owned land ,it was sold for back taxes,i wasnt aware till now?
Brent's answer
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Answered on September 26, 2013
Tennessee has a 1 year right of redemption from the order of sale. You might want to talk to a local real estate attorney.
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