Archived
In reference to affidavits that are attached to a collection summons, can the objection to this affidavit somehow be used as one
Gary's answer
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Answered on November 15, 2011
Based on the facts recited, I'm not sure you understand the nature of an affirmative defense…
If the allegations of the complaint are not...
Archived
I filed for bankruptcy in 2008 and it was discharged in Feb 2009. I completed an intent to reaffirm a car that I had.
Gary's answer
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Answered on November 15, 2011
The collection of $1991.50 from the discharged debt smacks of a violation of the discharge order.
Consult with an attorney regarding violation...
Do I Amend tax returns before or after my bankruptcy case?
Gary's answer
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Answered on November 15, 2011
Sending the trustee a tax return that you expect to amend shortly thereafter smacks of double dealing and unfair play.
The Trustee would be mad...
Archived
I FILED CH13 IN 2009 HAD CAR ACC IN 2011 AND WAS ARWARDED 50,000 WHICH LEFT ME 33 AFATER PAYING THE PER INJURY LAWYER
Gary's answer
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Answered on November 15, 2011
The determination of assets of the bankruptcy estate are made at the time of filing, with a few exceptions for items subsequently vesting with the...
Archived
Pennsylvania Homeowner - Foreclosure + Divorce advice needed
Gary's answer
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Answered on November 15, 2011
Strangely enough, I just returned from a seminar where in-house counsel and other representatives from Bank of America made a presentation at the...
What is debtors court and why should a person go to Debtors court?
Gary's answer
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Answered on November 15, 2011
You have been listening to too many collection agents who like to make up things… Like “debtors court”.
It is just like “creditor’s court“ (yes...
Archived
Can I file Chapter 7 Bankruptcy on unfilled State Taxes after they have been turned over to a collection agency?
Gary's answer
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Answered on November 15, 2011
Certain older tax obligations can be discharged in bankruptcy. Whether your obligations can be discharge depend on how old they are and what type...
Archived
I owe credit card debts and now there are taking me to court what can i expect to happen i own a home car and bank accounts
Gary's answer
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Answered on November 15, 2011
If you have been properly served with a summons to court, you can often ask for a 1st continuance by saying that you wish to seek legal...
Archived
What are the most common reasons creditors file for adversary hearings?
Gary's answer
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Answered on November 15, 2011
I don't have the statistics to back it, but a typical reason would be for bankruptcy credit fraud.
The use of credit cards within 90 days of...
Archived
Is abandoned property by Ch. 7 trustee mean that if I recover any money judgment, it will be exempt or should I exempt?
Gary's answer
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Answered on November 15, 2011
When the bankruptcy trustee files a report of abandonment of assets, the property that is being abandoned does not become exempt; the report means...
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