Archived
A Judge awarded me in small claims repayment of a school loan that was made to my ex-girlfriend. She has filed chapter 7.
Maxim's answer
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Answered on August 01, 2013
Interesting question. A debtor can only use the avoidance power if the transfer was involuntary. There is case law that says that payments made to...
Archived
A collection agency has threatened to have my license suspended due to unpaid checks from 2 yrs ago. Can they do this?
Maxim's answer
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Answered on July 31, 2013
No, only the state can suspend your license. They might be able to do so something that might cause the state to do that, but private debt...
Archived
Does a vehicle title loan qualify me for the ownership allowance on the Chapter 7 Means test?
Maxim's answer
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Answered on July 31, 2013
You only need to pass the means test if you have above median income. If you have above median income you can afford to hire an attorney.
Archived
Can a creditor garnish unemployment compensation benefits to settle a debt?
Maxim's answer
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Answered on July 31, 2013
No. Unemployment compensation is exempt from garnishment. However, if the money is in a bank account they might attempt to garnish it and then you...
Archived
Had ch7 in 2010, now applying for loan modification bank has requested letter changing to conventional loan, is that good?
Maxim's answer
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Answered on July 30, 2013
FHA loans are government insured which allows lenders to accept lower down payments and closing costs. There is a two year waiting period from the...
Archived
Does marriage include prior debt and creditors calling? We have separate bank accounts and own no real estate.
Maxim's answer
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Answered on July 29, 2013
Unless he co-signed on the credit agreement, he is not liable for the debt. Premarital debts would not become his by operation of marriage....
Archived
Is it legal for a credit agency to garnish your wages and bank account?
Maxim's answer
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Answered on July 29, 2013
I am not familiar with NE exemption laws, but generally a judgment creditor can garnish either your paycheck or your bank account. They typically...
Archived
How can I discharge student loan debt?
Maxim's answer
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Answered on July 26, 2013
You might be able to get an undue hardship discharge, but there is no guarantee and litigation is expensive. An undue hardship determination...
Archived
Debtor filed bk, it was discharged. new debts since discharge, can I take her to small claims for debts after bk discharge?
Maxim's answer
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Answered on July 26, 2013
You can collect on post petition debts, but I would be very wary about what you consider post petition. Debts are not discharged in bankruptcy,...
Archived
How to collect a debt?
Maxim's answer
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Answered on July 24, 2013
Hire a creditor's attorney. Most of them will work on a contingency fee basis if there is a reasonable chance of recovery. Avvo titles this section...
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