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Kevin Kennedy Gipson

Kevin Gipson’s Answers

164 total

  • Am I responsible for the credit card debt if I was on the account as well and my husband passed away?

    I live in Arizona. My husband and I had 2 credit cards that we were both on, and I want to know if I am solely responsible to pay for these now that he passed away. He has assets, but since there are other heirs involved, could this debt be take...

    Kevin’s Answer

    The question of whether you are responsible for the credit card debt of your deceased husband is going to be an issue of State property laws. You need to speak with an attorney in Arizona to determine what your rights and obligations are regarding your deceased husband's assets and debts.

    You also state that you and your husband were both on the card.

    Did you actually take out the credit card with your husband or were you an authorized user?

    Again, depending upon your State's property laws you may be responsible for the debt, however, an authorized user of a credit card is not automatically responsible for the debt.

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  • Parents (72 & 68) are living on social security and have about 20,000 in debt. Having trouble getting by every month.

    I would like them to file bankruptcy to aleviate some of the stress they are enduring. They have already lost their house and it is in a short sale. They also have a couple of credit cards and an unsecured loan all totaling approx. 20,000. Would c...

    Kevin’s Answer

    Social Security benefits are not treated as income for purposes of bankruptcy.

    If this is all of the income that your parents have, they would likely benefit from a Chapter 7 bankruptcy.

    By filing a Chapter 7 bankrtupcy they would be able to get rid of the credit card debt and unsecured loan you mentioned.

    With regard to the house, if it has not already been sold, they may want to consider a Chapter 13 bankruptcy which might permit them to catch up on the arrearages on their house note, assuming they have the income.

    They should speak with an experienced bankruptcy attorney about their options.

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  • Is 1500 for a Ch 7 too much? My ex states that he only paid $350 for a Ch 13?

    My ex of 4 years was awarded a joint credit card debt in our divorce. SInce then he added $30,000 to it, and then stopped paying. Now he filed Ch 13. I am afraid they will come after me and so I will need to file too. The atty I consulted with sai...

    Kevin’s Answer

    The legal fees for a Chapter 7 bankrutpcy vary greatly from State to State, but $1,500.00 for a Chapter 7 bankruptcy, with or without the court costs is a reasonable fee for an experienced bankruptcy attorney.

    The filing fee alone for a Chapter 7 bankruptcy is $306.00, for a Chapter 13 the filing fee is $281.00.

    As previously stated, it is generally considered a violation of both the Bankruptcy Code and professional ethics for an attorney to take any legal fees in a Chapter 7 bankruptcy following the filing of the bankruptcy. In most Districts, an attorney would have to return any fees collected after the filing.

    The law is different with Chapter 13 cases, and some attorneys will agree to take some or all of the fees after the filing, which is generally known as taking fees "thorough the Plan".

    It is not a good idea to hire any attorney, let alone a bankruptcy attorney, based upon the amount of their fee alone.

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  • Need to know what goes on at a bankrupcy hearing chapter13

    my husband lost his in June of this year filed chapter13 we were paying 500.00 want to know if i can get payments reduced or file a hardship discharge want to keeponecar though

    Kevin’s Answer

    Whether you can get a reduction in your monthly payments in a Chapter 13 bankruptcy case, or whether you will be able to get a hardship discharge will depend upon a number of factors.

    First, the monthly payment you are currently making was based upon your average monthly income for the six month period leading up to the filing of your bankruptcy.

    You indicate that your husband lost his job in June. Presumably, you have had a loss in income that would affect the calculation that was originally made. A modification of your Plan might be possible to suspend or reduce payments based upon the gap in income.

    Another factor is why you were in a Chapter 13. Were you in the Chapter 13 because you made too much money to be in a Chapter 7, or were you at risk of foreclosure or a repossession?

    If you needed to be in a bankruptcy to avoid losing your house or your car, you will generally want to get your payments suspended or modified.

    If not, you may want to consider a conversion of your case to Chapter 7.

    In order to obtain a Hardship Discharge you must show the Bankruptcy Court that you cannot modify your Chapter 13 Plan to make the Plan work.

    Assuming a Plan modification will not work, it will be necessary to file a motion with the Court seeking a hardship discharge.

    There are a number of requirements to obtain a hardship discharge.

    If you don't already have an attorney, get one. This issue is too important to try to do it yourself.

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  • In chp 13. My homeowners insurrance has deemed home a total loss due to sinkhole They're mailing check. what do I do now?

    We are currently living in our home It was not include in the bankruptcy. We have 4 years of payments left. Can I continue to live here.

    Kevin’s Answer

    When you have a property damage claim during a Chapter 13 bankruptcy you will normally have a number of issues.

    First, the check for the property damage on a property that you describe as a total loss. If this is the case, presumably some of the money will go to the mortgage company to pay off the balance on the mortgage.

    Second, even if the house is not a total loss and will be repaired, the check will in all likelihood be made payable to both you and the mortgage company, so the check will have to be endorsed by the mortgage company and returned to you.

    Whether these funds will have to be turned over to the Trustee will be an issue of local practice. The insurance proceeds will be an asset of the bankruptcy estate, however you will need to use some of the money for repairs, or in your case, you may need some of the money to acquire a new residence since you described the house as a total loss.

    Also, the house and/or its contents may be partially or completely exempt from the bankruptcy estate and some of these funds may therefore also be exempt meaning that you might be able to keep them.

    You should check with your attorney about how to handle the funds, or if you are representing yourself, you should contact the trustee. You should not simply attempt to cash the check.

    When in doubt, a motion should be filed with the court to determine how the funds should be used.

    Lastly, remember that there may likely be both bankruptcy law and State law issues that need to be addressed, so be sure to speak with an attorney that is licensed to practice in your State and is also knowledgable about bankruptcy.

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  • If my husband is on the deed,however not on the loan contract and I file chapter 7 and surrender the house is he responsible?

    I have decided to file chapter 7 and surrender our house. Is my husband responsible to pay the property tax if he is on the deed and not filing bankruptcy even if he is not sighned on the loan contract? I also heard that if he ever applied for a l...

    Kevin’s Answer

    Your husbands obligation to pay a tax debt on a house is going to be an issue of State law as well as a number of other factors.

    If your State is a community property State, and the house was purchased during the marriage, he may still be responsible for the debt. However, in community property states, both spouses will usually receive the benefit of the bankruptcy filing even if only one spouse files.

    You should consider having an attorney in your Staet with bankruptcy experience review the sale agreements on your house. They will be able to advise you of the effects of a bankruptcy on both you and your non-filing spouse.

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  • Can a credit card co. foreclose on my home if i owe less than 10,000$ an i am on ssi and have no other assets in ohio

    my home is worth more than 75,000$

    Kevin’s Answer

    Whether a credit card company can foreclose on your home will depend upon your State's foreclosure laws since foreclosure proceedings vary from State to State.

    However, you might benefit from filing a Chapter 7 bankruptcy. Based upon the fact that your only income is from Social Security, you should be able to get rid of your credit card debt. You need to check with an attorney in your State to determine the amount of the homestead exemption for your home to see if a Chapter 7 would work for you.

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  • How to stop debt collector..

    I sent a certified, return receipt requested letter to a debt collector that keeps calling here about a debt that was discharged in a Chapter 7. I asked them to please stop calling here and harrassing me day after day and I cited the statute that...

    Kevin’s Answer

    When you file a Chapter 7 bankruptcy, one of the benefits is that once your debts are discharged, the creditors can no longer contact you in an effort to collect the debts that were discharged.

    Contacting you after your debts were discharged is a violation of the bankruptcy code, and the Creditor can be sanctioned by the Court. Sanctions can include the payment of attorney's fees, actual damages that you sustain, and at times general and punitive damages.

    You should contact an attorney to determine whether or not to proceed with a discharge violation complaint.

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  • Can I file bankruptcy on a lawsuit against even though the agency that sued me has taken my license twice.

    I was in an an accident in 2005 and it was my fault,I had no insurance and i've payed them off and on,they recently took my licence for non payment,but I now have no income to pay them..Plus they also say that they don't have to send me receipts u...

    Kevin’s Answer

    A bankruptcy can be used to force a State Department of Motor Vehicles (DMV) to reinstate a Driver's License that has been suspended.

    Many states now have mandatory liablity insurance requirements that require liability insurance when operating an automobile.

    Often, these State statutes will permit an insurer that had to pay a property damage claim to request that an individual who did not have liability insurance have their driving privileges suspended upon proof to the DMV that no insurance was in effect at the time of the accident.

    It sounds like an insurance carrier sued you and obtained a judgment against you for property damage that you caused in an automobile accident for which you did not have insurance.

    A lawsuit and the judgment against you are an effort to collect on a debt. A bankruptcy will stop this collection effort and allow you to get your Driver's License reinstated.

    You should be aware, however, that if there are any fines or fees associated with reinstatement, that those fines or fees are generally not going to be discharged in a bankruptcy and will probably have to be paid to the State or Municipal government to whom they are owed before the State will unblock your license.

    These types of laws vary from State to State so you will want to consider hiring an attorney with experience in bankruptcy matters to assist you.

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  • Can creditors go after my husband?

    Hello, I currently have an estimated debt of 20k in credit cards (distributed throughout different credit card companies) and both my husband and I recently lost our home to foreclosure. On the other hand, my husband owns a corporation (restaur...

    Kevin’s Answer

    Whether your husband and/or the restaurant that he owns will be responsible for any debts if you file for bankruptcy alone is as much an issue of your State's property laws as it is an issue of Bankruptcy law.

    You really need to consult with an attorney in your State to obtain these answers.

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