Skip to main content
Deborah F Bowinski

Deborah Bowinski’s Answers

1,508 total

  • 2nd Bankruptcy

    How soon can you file for bankruptcy after your first (I believe the standard is 7 years) but there are special circumstances that would allow you to file sooner?

    Deborah’s Answer

    The counting periods go from filing date of your first bankruptcy to filing date of a subsequent one. If your first case was a chapter 7, then you must wait 8 years before you can file a second chapter 7 case and get a discharge. After only four years you would be eligible to file a Chapter 13 case and still receive a discharge in that.

    If your first case was a Chapter 13, then you can file another chapter 13 only two years after the first filing date. You can file a Chapter 7 case six years after the filing date of the first.

    See question 
  • How do I remove my name off a vehicle loan, or take possession of the vehicle as the primary loan holder?

    I was lead to believe I co-signed for a vehicle, turns out the paperwork was filed as me as the primary. The vehicle has never been in my possession. The co-applicant took off with the vehicle and refuses to return the vehicle. According to the ba...

    Deborah’s Answer

    The only thing I have to add to the discussion is to mention that if you are an owner of the vehicle and you do not believe that it is currently insured, it would be a good idea for you to purchase insurance to protect yourself if something happens. As an owner, you could possibly be held responsible for damage or injuries caused by a vehicle you own even if you were not driving at the time.

    See question 
  • How do I get a lien on my property stripped after filing bankruptcy in Colorado?

    my husband and i filed chapter 7 bankruptcy nearly 7 years ago. in our bankruptcy our second mortgage was included (the 2nd mortgage company had been sold and then because we had stopped making payments and the debt was sent to collections - the c...

    Deborah’s Answer

    It seems as though there are two questions here. ...
    The first has to do with stripping a mortgage lien, which is just not possible to do in a chapter 7 bankruptcy. I cannot even guess at what your lawyer told you or what/how you did or did not understand. Many of my own clients hear me say that mortgage payments must be maintained if they wish to keep their home and they interpret that to mean only first mortgage payments. That is NOT correct. ALL mortgage payments must be made in order to avoid foreclosure.

    The second question has to do with a collection agency --
    Add my colleague stated, the collection agency may be violating the Discharge Order. Chances are good that they are unaware of your bankruptcy filing. You should provide them with your case number and filing date and tell them that the debt was part of your discharge. That will protect you from harassment, but it will NOT protect you if the second mortgage lender ever decides there is sufficient value in your property for it to be worth their while to foreclose on their lien.

    The lien will remain against the title until it is either paid in full or until you can negotiate is release. The likelihood of that happening is probably tired into the market value of the property and how much that is above and beyond the payoff on your first mortgage.

    See question 
  • Is it worth it to file a civil lawsuit for not allowing us to complete a loan modification form?

    My mother filed a loan modification form out just a couple of days ago with Wells Fargo, and was told it was incomplete but when she called to ask what part of it was incomplete, she wasn't told which form/documentation was missing from the form, ...

    Deborah’s Answer

    The answer may depend upon when your Mother began investigating a loan modification. If she really only began that process a few days before the foreclosure sale I fear she is out of luck. She would have been notified of the foreclosure proceeding many weeks, if nor several months ago. A modification is something she should have looked into much earlier.

    See question 
  • I need a power of attorney for my son who is currently incarcerated and is the co-signer on the loan.

    I need to sell the car if I can because I can't afford the payments, it was his car before his arrest and he wasn't making the payment even then most of the time so what kind of poa do I get for him to sign I ...

    Deborah’s Answer

    You may be able to find a power of attorney form for Colorado specific to automobiles online. The DMV may also provide guidance as to what is needed in order to transfer title correctly.
    But as my colleague said, be mindful of the fact that you must be able to sell the vehicle for enough to pay off the loan OR you must be prepared to make up the difference or of your own pocket to get the title released.

    See question 
  • Does moving out of state toll the statute of limitations on a rent collections debt?

    I have an outstanding debt owed to a property management company in colorado from a townhome i rented in 2010. The case was filed in June of 2010. I have been living out of state most of the time between now and then. I would like to m...

    Deborah’s Answer

    What you are describing is an eviction action. There are probably two separate entries in your credit report -' one for the court case under the public records section, and another reflecting the debt owed to the landlord.

    While you may be able to negotiate a settlement of the amount owed, there is no way to remove the fact that the legal action was filed.

    See question 
  • What is the procedure for requesting the amount of a wage garnishment be reduced?

    My wages are being garnished to repay a credit card debt. After my monthly expenses I am left with around $200/month to live on. How can I ask the court to reduce the amount being taken from each paycheck. I am trying to avoid declaring bankrup...

    Deborah’s Answer

    There really is no such thing as asking the court to reduce the amount garnished -- it is set by law, and is 25% of your pay after taxes are withheld for almost all judgments.

    You could try contacting the lawyer for the creditor to see if you can negotiate a lower voluntary payment amount. In all honesty, though, that is not often easily done. Keep in mind that the whole reason you are being garnished in the first place is because you failed to pay an obligation. The creditor has no reason to believe that you would make voluntary payments now.

    If you have other debts as well bankruptcy may be your best option. Many bankruptcy lawyers offer a brief initial consultation.

    See question 
  • What can I do about this garnishment

    In December 2014 I went to buy gas and my card wouldn't work. I called the bank and there was no money in my account and discovered my bank account had been garnished. Several weeks later, I received the court documentation that it would be garn...

    Deborah’s Answer

    What you fail to state in your pay is whether you continues to comply with your payment arrangement. Once a creditor obtains a money judgment in court they are not required to provide additional notice to you before garnishing bank accounts or pay checks. Until the full amount of the debt plus attorneys cess plus court costs plus interest is paid in full you remain obligated.

    You can ask for an accounting of what was owed and how your money has been applied. If you believe that you have paid more than their records reflect, or if you believe they have allied funds incorrectly then you should consult with a consumer rights or collections defense attorney .

    It also sounds possible, from your post, that there may have been more than one lawsuit with the same collection agency. Review all of your paperwork carefully!

    And finally, if this is only one if a number of debts you are struggling with it may make good sense to schedule a consultation with a bankruptcy lawyer to see whether that is a good option for you.

    See question 
  • I have been served for a defaulted private student loan. What are my options?

    A private student loan owned originally by Sallie Mae was defaulted upon and I am now being sued by Jefferson Capital Systems for the balance. The loan was originally for ~$11,000, but am now being sued for ~27,000. I was served papers on the 11...

    Deborah’s Answer

    You should NOT try to represent yourself in this lawsuit if you want to achieve the best outcome. You need at the least, as collections defense lawyer but at best, a student loan specialist. There are many issues specific to the student loan area that only someone with advanced training and experience know best how to respond to.
    Good luck.

    See question 
  • Is there anything I can do?

    I am a co-signer on a car loan. Car was repossessed. I was told sold for $3100 at auction. I don't believe they got a fair market value. They should have gotten a lot more. It was a 2013 Mazda 3 with less than 30k miles

    Deborah’s Answer

    I'm not sure what you are hoping for. The fact that the lender required a cosigner indicates that they did not believe that the primary borrower could or would be able (or choose?) to make the loan payments. By cosigning the loan you guaranteed payment of the full amount in a timely fashion. You should have been notified that the payments were delinquent. You should have been notified that the lender was going to repossess the vehicle. At either of those two points in time you would have had the opportunity to cure the delinquency if you wished to and were able to.

    Once a vehicle is repossessed the lender almost always sends it to auction to be sold for as much as it will bring in. Those funds are used to offset the expenses of the repossession and sale, and then any proceeds above and beyond the costs are applied to the outstanding balance of the loan. The whole point of an auction is to sell the merchandise quickly and at whatever price the market will bear. It is almost the definition of an arm's length transaction. No one at the auction knows anything more about the vehicle than what they can see with their eyes. No maintenance records, no repair records, no carfax report, no nothing. Auction sales will NEVER come close to private party or dealership pricing.

    See question