Archived
Can a bank use its right of offset on a personal bank account for a debtor in Chapter 13 without a modification of stay?
Rustin's answer
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Answered on August 11, 2009
No, they can't do that if it's a pre-petition debt. and if the account belongs partially to you.
BUT... it's something for you to talk to your...
Archived
Can you file bankruptcy if you have no credit card debt, you are only trying to save your home?
Rustin's answer
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Answered on August 11, 2009
Yes. If you file a bankruptcy, in can help you save the house and prevent foreclosure. My firm does a dozen or so of these every month.
Now,...
Archived
I am being threatened with a lawsuit for a debt from 7 years ago. Can they garnish my Soc Sec
ck and TX ret ck?
Rustin's answer
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Answered on August 11, 2009
They can file the lawsuit, but you would be able to answer the lawsuit and show that the statute of limitations has expired. Or you could do...
Archived
Does my ability to write checks on my brother's bank account make me responsible for his credit card debt if he files bankruptcy
Rustin's answer
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Answered on August 11, 2009
No. You are responsible for his credit card debt only if you charged on the cards, signed up for the cards, or have some other agreement directly...
Archived
What can I do about getting reimbursed for money that was being drafted out of my bank account without permission?
Rustin's answer
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Answered on August 11, 2009
If you know where they are located so that a process server can serve the lawsuit on them, and if you know they have substantial assets that they...
Archived
Statute of Limitations on Debt
Rustin's answer
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Answered on August 11, 2009
The statute of limitations is four years. There are some exceptions, of course. If you have been paying on it lately, that will re-set the time...
Archived
What is the time of limitation for filing bankrupcty
Rustin's answer
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Answered on July 19, 2009
You are allowed to file bankruptcy any time you want to. When you file, all your debts will be included-- that means all the debts from now, from...
Archived
Can a CA sue before your initial 30 days to verify a debt has expired?
Rustin's answer
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Answered on July 19, 2009
They are technically allowed to file a suit whenever they want to. What they CANNOT do is garnish your wages. That's illegal in Texas and, in...
Archived
Can the Texas Attorney General's office garnish the entire balance of a joint bank account? Can't they only take half?
Rustin's answer
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Answered on July 19, 2009
They can take everything in the account if it has your name on it. If some of the money did not belong to you, then they have to give it back. ...
Archived
How can i fight this school loan? or atleast get them to accept the payment i can afford?
Rustin's answer
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Answered on November 30, 2008
Many attorneys do not know this, but if the student loans involve certain of the goverment entities then a garnishment of wages and/or seizure of...
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