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Bradley David Mccormack
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Bradley Mccormack’s Answers

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  • ASK I was in an auto accident with over $100,000 of injuries. the At Fault driver, an elder Gent, then filed for bankruptcy.

    ASK I was in an auto accident with over $100,000 of injuries. the At Fault driver, an elder Gent, then filed for bankruptcy to protect his assets and also put a homestead protection on his home. My question is if I file an Adversary Proceedi...

    Bradley’s Answer

    Homestead exemptions are statutory and the adversary would have no effect on it. If you are successful in your adversary your debt would not be discharged, but any possible liens are still subject to the exemptions of the state the Debtor lives in.

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  • How to respond to a summons after settling with the company?

    I received a summons for credit card debt that I owed. I have 20 days to respond to the summons. I called the company and set up monthly payment arrangements to start paying the amount owed off. Do I still have to respond to the summons? If I do h...

    Bradley’s Answer

    Until the case is dismissed you need to treat the summons seriously and answer the allegations. It is possible that the company has just not gotten around to dismissing based upon your agreement, but generally once a debt has gone to an attorney they will continue the case and get a judgment, even if there is a repayment agreement. The company gets a judgment so that, if you were to default on your agreement, they can enforce the judgment and not re-file the case. You should contact an attorney to Answer the complaint within the proper time.

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  • I am paying a debt collector monthly can they still take you to court?

    I co-signing on a car the car was returned due to constantly being broken down and there was a balance of around $4,000 on it. I was getting harassed by a debt collector so I told them that I could pay him $100 a month. They didn't agree to it bu...

    Bradley’s Answer

    Your voluntary payments will not stop them from commencing a lawsuit. Unless there is a written agreement to halt a collection lawsuit there is nothing stopping the company. You should investigate filing a bankruptcy to halt all collection activities.

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  • Can 1 party in a marriage file bankruptcy ?

    My sisters credit cards are her own and she is the only person on them. Her husanbd and she, share a bank account but she has let my monthly payments get so high she is struggling to pay them. Is it possible to file chapter 7 for just one and ...

    Bradley’s Answer

    Yes it is possible to file individually even though a person is married. However all income and asset information of the spouse will be disclosed in the bankruptcy. The Trustee wants to ensure that the "poor" spouse is not filing while the "rich" spouse avoids the case.

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  • What is chapter 11 Bankruptcy an how much do I have to pay Attorney?

    My boyfriend used to work for Logan's Roadhouse an got a letter in the mail about court for Chapter 11 Bankruptcy. We don't understand exactly what it is an with him being out or work now we are on limited income so can't afford a high fee.

    Bradley’s Answer

    A Chapter 11 is a reorganization designed primarily for businesses to reorganize its debt. It allows a company the opportunity to restructure some debt and reduce interest rates. It also gives the company additional time to pay the debt. It is occasionally used by individuals that cannot quality for a Chapter 7 or 13.

    Every attorney charges differently so the fees will depend on your location and the qualifications of the attorney.

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  • Worked for company that fired several pple and then filed bankruptcy been almost a yr and havenot seen the last paycheck

    Me and couple of guys worked for this company .we got fired but have not seen our last paycheck in a yr they filed bankruptcy what can we do they also put our last check on our W2

    Bradley’s Answer

    I would contact the company's bankruptcy attorney and ask for a status of payments to former employees. It may be that there were no assets to distribute. If the attorney seems evasive you can contact the United States Trustee's Office in that district.

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  • To collection and Bankruptcy Attorneys, will I be able to collect if I get a judgment?

    I sued a company for wrongful termination based on discrimination for age, gender, religion, and race. While discovery is still pending, the corporation shutdown, laid-off all of its employees and dissolved back in Aug 2015. I don't know what to d...

    Bradley’s Answer

    If you have gone this far it may make sense to take it to judgment. However collection could be difficult if not impossible. Having a judgment in hand and discovery assets is better than discovering assets and having to re-file a case.

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  • What can I do in response to the attachment? Can it be reversed or can I fight it? Is there a motion or answer I should file?

    I have a judgment against me for a credit card that was in default from a divorce in 2008. The judgment was entered in July 2013. I have been paying the plaintiff (through their attorney) $200 per month since Jan 2013 and have brought the balance ...

    Bradley’s Answer

    If you never signed the agreement then the creditor is free to execute on its full judgment as it see fits. Just because it took $200 per month does not mean that it has to keep doing it. You should consider re-negotiating the debt. If not for your character review I would recommend a bankruptcy filing.

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  • Do i need to sign the quit claim form in order for her to assume the loan?

    I was recently notified by the mortgage company that my ex is 3 months past due on the mortgage. I have contacted her and asked her to refinance or assume the loan and to get me removed from the loan. She sent me a quit claim form to sign. Now i...

    Bradley’s Answer

    Quit claim deeds deal with ownership, not debt, so they are not necessarily related to each other. But the re-financing mortgage company may be requiring this in order to complete the re-finance. I would talk to someone at the mortgage company to verify the necessity of the deed.

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  • Debtor reopened discharged bankruptcy to add new debt and avoid my lien.

    I was a defendant in a lawsuit and I won. I got awarded attorney's fees last year. I have a lien on the Plaintiff's property. The Plaintiffs had filed bankruptcy which was discharged 4 years ago. I was listed as a creditor on that bankruptcy for a...

    Bradley’s Answer

    If the lien was in place at the time of the bankruptcy filing, the Debtor had the right to strip the lien at the time. Re-opening may be correcting an oversight at the time of the filing. If the "new" charges stem from the same event, they are most likely dischargeable.

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