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Gary D. Bollinger

Gary Bollinger’s Answers

3,740 total


  • Can i take legal action against a collection agancy

    My wife was contacted by a person claiming to be a court officer informing her that if she did not pay off a past debt that a federal marshall will come and take her to jail, she was very scared so she paid 647 to satisfy what the man claimed the ...

    Gary’s Answer

    Your wife very likely fell for a nuanced extortion scam.
    If a "court" rejected the payment, there would be a public record.
    Consider contacting an attorney for violation of Federal FDCPA or TCPA law.

    See question 
  • Quick question about bankruptcy

    If i sue two people who own the same company and one files for bankruptcy, but the other isn't do i still get all money or is the money halfed?

    Gary’s Answer

    Review the contract and determine if the liability is joint and several.
    Also the co-debtor stay may apply if the person filed a chapter 13.

    See question 
  • A trustee declines initial offer to buy back equity assets from debtor without any counter offers and lists the house for sale.

    Trustee not showing good faith with lawyer and debtor to negotiate settlement.

    Gary’s Answer

    In Eastern District of MO, where I practice, the issue of whether a trustee must show "good faith" in negotiating a settlement of the sale of an asset for a buyback by the Debtor is a matter of case law: put simply, that is not the standard.
    The law of your circuit may differ.

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  • What assets are subject to a Civil Judgement in Missouri?

    1. Live in Kansas, previously worked in Missouri, but didn't live there. How do the laws transfer across state lines? 2. What about joint assets when the judgement is against one?

    Gary’s Answer

    MO has a joint ownership of property unique to married couples called "tenancies by the entireties," that has unique protections for debts owed by only one of the spouses.

    An attorney can determine if the protections applies to your "joint Property."

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  • Can I lose my home without going to court after I had given them notice I would not be able to pay for a few months?

    I live with my mother who will be sixty in a month requires an O2 machine and electric wheelchair and on Nov.2nd we got a letter from our banks lawyer telling us our home is being auctioned off on the courthouse lawn Nov.30th and we had to be out ...

    Gary’s Answer

    MO law allows foreclosure without judicial decree or judgment.

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  • Can a co-signer "take away" the property that was acquired with a loan from the person they co-signed for?

    My mother co-signed for a laptop for me for school about a month ago. I'm now moving out of state and will be attending a different school, and she's telling me I can't take the laptop with me (I don't even live with her.) She is now claiming that...

    Gary’s Answer

    While you might be co-owners, with equal rights to possession, I see no basis for her to assert a right to repossess the laptop.

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  • What should i do because my car was sold from a mechanic with out my permission or title and doesn't have paper work?

    the mechanic wouldn't return phone calls and when we went to get the car he didn't have any paper work as to where the car is at

    Gary’s Answer

    It may have been sold under a Mechanis's Lien law. Consult a local attorney.

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  • Should I go bankrupt of pay on judgement?

    In 2008 I had a wreck&w/no insurance. Statefarm sued me for damages, $10k. I had just graduated HS & had no means to pay that& eventually my license was suspended after making no attempts to pay. Thereafter it just became normal for me to illegall...

    Gary’s Answer

    In MO, where I practice, bky would be an excellent option to consider.

    But AL law may have a different Interpretation.

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  • Is there such a thing as loan forgiveness for student loans, and if so how can I pursue it?

    I've been making payments for a substantial sum in student loans for more than 15 years. Most of the amount is federal, and some is private. I've used up my deferments for all of them, and the monthly payments are currently a disproportionate am...

    Gary’s Answer

    You wrote, "Is there such a thing as loan forgiveness for student loans, and if so how can I pursue it?"

    Yes, there are administrative procedures for foregiveniss of student loans; also bankruptupcy may be an option.

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  • Is a simple debt repayment contract for $1600 between friends that isn't notarized (& typed vs. written) legally binding?

    I lent a prior coworker / friend $1600 about a year ago that he had promised to pay me back immediately afterwards. After a few months went by without any payment, I decided I needed to get the agreement in writing. I typed up a simple contract ...

    Gary’s Answer

    Two CA attorneys have weighed in on the issue without raising the issue of the Statute of Frauds, (that requires certain contracts to be in writing).

    I can only concur with their advice.

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