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Peter Walter Weston
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Peter Weston’s Answers

1,590 total


  • Do i have to let him take it or can i put a lien on it for the money he owes me?

    i let a friend move a camper trailer on my property. let him hook up to my electricity and water. i charged him 1/3 of the bills for doing so. at first he was paying his part. well when he moved off my property he left owing me $123 for his part o...

    Peter’s Answer

    Considering the small sums involved, and your working together, there should be discussions to resolve your concerns. You can start by messaging back that he can pay you the utilities. To enforce other remedies like liens, usually requires a previous written agreement, or a court order. If not convenient today for you, advise your friend not to come on your property, but to set up a mutually agreeable time and date. You may wish to take pictures of the camper, and preserve all bills, so that you can legally collect, such as by making a written demand for damages, and following up with a small claims action in the Justice Of The Peace Court where you live.

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  • HOW SHOULD I HANDLE THIS? THANK YOU..

    GREAT FRIEND OFERED TO HANG MY VALUABLE ORIGINAL ARTWORK IN HIS HOME UNTIL I MOVED.AFTER THAT HE LOANED ME $ I PAID HIM BACK WITH INTEREST..I REFUSED TO DO ANYMORE FREE ARTWORK FOR HIM (IVE DONE A TON)AS MY DEBT IS PAID(I AM THE ARTIST)SINCE THE...

    Peter’s Answer

    Before there is some disposition of your property by your "great friend", you would benefit from conferring with an attorney, who can handle confrontations for you. If appropriate and if you otherwise qualify, an incidental benefit of filing bankruptcy may be to allow you to exempt certain household furnishings and easily discharge a bogus claim such as this.

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  • Which state's SOL controls, the state of origination or the state of current residence?

    Hello. I have private student loans originated in Michigan that are in default over six years. Under MI law I believe they are time barred by the 6-yr statute of limitations (SOL). I now live in Kentucky, which I believe has a 15 year SOL on t...

    Peter’s Answer

    The statute of limitations applies in most situations, but there may be a glaring exception in your situation because of the type of debt involved. Student loans are not subject to a statute of limitations, due to federal law. To determine if you have such a loan is not necessarily dependent on describing the debt as a private student loan, because a private student loan may be covered by federal insurance or administration and become a federally guaranteed loan, which has no limitations under present law, and are not generally dischargeable in bankruptcy. The loan should be reviewed by an experienced attorney.

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  • Can student loans be discharged if I file bankruptcy?

    Looking into filing for bankruptcy but I have student loans

    Peter’s Answer

    If you are qualified, you can file bankruptcy, student loans are not likely to be discharged in the process, they will be listed as debts which will survive a discharge. Any student loan payments due are suspended while you are in chapter, and interest continues. Under present law, there are some very limited situations where student loans can be discharged. You may have better results with student loans to go to the Department of Education website to seek loan forgiveness or other strategies.

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  • Chapter 13 question

    Is it possible that a Bk 13 filer not include the house in a chapter 13?

    Peter’s Answer

    Yes, it is possible that a house not be included in chapter 13, if there are additional conditions. To be more precise, if an interest in a house belongs to a debtor, it has to be reported as property of the estate, and reported in the financial transactions and schedules, however it need not be included in a plan of reorganization in chapter 13 if there is no payment delinquency. The exact details should be reviewed by an experienced bankruptcy attorney.

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  • What are my options if I am not able to sell home? Are bankruptcy or foreclosure my best options?

    I have a home in Maryland and was offered a position in Minnesota. I have listed my home for sale, but it is not selling. I cannot afford a mortgage payment and rent on a new place in Minnesota.

    Peter’s Answer

    There are usually more options to consider, before foreclosure or bankruptcy, because those are considered final options. There are certainly more facts to be weighed, than are listed in your question. What are your family needs, what is the budget, can the property be leased out, until it sells or until you know if the out of state position is permanent, what equity is there to protect. Even the worst case situation can be placed on a time line to decide what is the best option for you. You should consider conferring with an experienced bankruptcy attorney, many offer initial consultations at no cost.

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  • Is this too good to be true or is this a scam? My mom is ready to sign her life away but Im skeptical. HELP!

    Hi! My mother is currently in Chapter 13 Bankruptcy trying to save our home that not only I grew up in but she as well. My mother is 65, retired from DISD so also receives Teachers Retirement Pension but both together only add up to about 1200 dol...

    Peter’s Answer

    Since saving the family home is most important, it would be very shortsighted, in my opinion, to leave the sure protections of ch 13, and even the difficult loan mod process with Ocwen, for an unproven guarantee, The same economic pressures were used by un-reputable mortgage brokers, and mortgage bankers in the real estate crisis in the mid 1980's. They guaranteed refinancing to desperate owners as long as they first received payment for their services. There would be no new loan, no matter how well due diligence was exercised. Use the resources you have available. Rent out a room, get the family to contribute more, reduce expenses, sell things, ask for help from church, and consider helpful advice from experienced attorneys, such as colleagues in this answer and in AVVO. At least you are less likely to be scammed.

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  • My private student loan has been charged off. But Wells Fargo is trying to get it. I asked her if I pay on it it will still sa

    My private student loan has been charged off. But Wells Fargo is trying to get it. I asked her if I pay on it it will still say that it was charged off and that I didn't pay it. It won't improve my credit score if I pay it. If I interpreted he...

    Peter’s Answer

    Yes, you can be held liable by a third party who buys the charged off debt. Creditors will report the facts to the credit bureaus, of timely payment, or not, and amounts involved. To improve your credit, is to improve on these facts over time, which facts are reported to the credit bureaus, which in turn are the basis of your credit scores. Even if the total amount is paid, it does not alter the facts of late payment. As time passes, the effect of negative facts diminish, until after 7 years they drop off. That is completely different from liability, which is a legal obligation that continues, until and unless barred by the statute of limitations or bankruptcy.

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  • How can I stop a garnishment of my wages in Texas, or is it possible without filing bankruptcy?

    I have owed a debt on a vehicle that just quit working on me the week after I got it. The company was not honest in our transaction and basically I got worked over. They would not help me in any way, which I know they don't have to. I even filed a...

    Peter’s Answer

    More facts are needed, than are in your question and in the comments to my colleague. Garnishment in Texas for a person working in Texas, is not allowed for the debt you describe, unless you fall into an exception. And if you happen to be subject to an exception, you can likely make a change, to better seek protection under Texas law, while you live in Texas. Bankruptcy will also stop this garnishment, and is a common cause of filing for chapter protection, especially because it can be done quickly if you qualify. You should find out before you lose any pay.

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  • How much is the minimum legal payment required?

    I owe $750 to McCormac College for the spring semester which ends Monday 5/9/16.

    Peter’s Answer

    Call the college, and ask how you can resolve this. Even better, personally go to see a college official(s) to ask for help. Educational institutions routinely withhold benefits and services until paid, or unless satisfactory payment arrangements are made,

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