Questions answered by Jann Collette Washington

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Is mtg co. violating Ch-13 DISCHARGE ORDER by billing for foreclosure fees which were included in pre-petition arrearages?

Jann's answer | Answered on March 14, 2016

I agree with Mr. Warner. It appears that the mortgage company is attempting to charge for a portion of the debt is not entitled to charge you for....

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Under ch 13, am I allowed to get a payroll loan through my employee fidelity account with payroll deductions for vehicle repair?

Jann's answer | Answered on March 12, 2016

Under Chapter 13 bankruptcy, a debtor cannot incur debt without court approval. Whether the debt is from a pension loan or otherwise, you still...

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What can I do?

Jann's answer | Answered on March 11, 2016

You cannot do anything short of bankruptcy to get rid of the garnishment. However, you may be able to sue your friend to repay you the funds if...

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Can the debt collectors take anything that is in his name? If they switch the name and put his wife down, can they take it still

Jann's answer | Answered on March 11, 2016

This could be deemed a fraudulent transfer. Also, student loan debts typically cannot be discharged in bankruptcy. You should contact a consumer...

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In the event of our separation am I responsible for this and any other similar debts by my husband ?

Jann's answer | Answered on March 05, 2016

You are not responsible for any debt you did not sign for. Therefore, if you separate, the debt is his alone.

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Can we fight this? Can we get that bill thrown out? We paid for the full length of the lease and time stayed. It feels unfair!

Jann's answer | Answered on March 05, 2016

I am in agreement with my colleague. You need to take all your information to a consumer lawyer to review. You can find an attorney here using...

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Since the overpayment was for the balance owed prior to the bankruptcy, shouldn't the $-150 be discharged too? What do I do?

Jann's answer | Answered on March 04, 2016

If you included the 150 bill in your bankruptcy as a pre-petition debt then they are in violation of the discharge by attempting to collect the...

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Is settling credit card dept just as bad as bankruptcy?

Jann's answer | Answered on February 26, 2016

The answer to your question depends on your total financial picture. If we are talking about just this one debt, and you have a number of assets...

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How different is the bankruptcy court/proceedings compared to federal civil court? Similar process or different?

Jann's answer | Answered on February 26, 2016

Your question really can't be answered in this forum. Bankruptcy is a totally different animal than federal district court. While some things are...

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Can I file bankruptcy on just the credit card debt and medical bills?

Jann's answer | Answered on February 23, 2016

When you file bankruptcy all your assets and debts must be listed. However, your home, cars, and other assets may be protected by exemptions. I...

Jann Collette Washington's Answers (872)

Is mtg co. violating Ch-13 DISCHARGE ORDER by billing for foreclosure fees which were included in pre-petition arrearages?

Under ch 13, am I allowed to get a payroll loan through my employee fidelity account with payroll deductions for vehicle repair?

What can I do?

Can the debt collectors take anything that is in his name? If they switch the name and put his wife down, can they take it still

In the event of our separation am I responsible for this and any other similar debts by my husband ?

Can we fight this? Can we get that bill thrown out? We paid for the full length of the lease and time stayed. It feels unfair!

Since the overpayment was for the balance owed prior to the bankruptcy, shouldn't the $-150 be discharged too? What do I do?

Is settling credit card dept just as bad as bankruptcy?

How different is the bankruptcy court/proceedings compared to federal civil court? Similar process or different?

Can I file bankruptcy on just the credit card debt and medical bills?