Archived
"Installment Payment Letter" Receive from Debt Collector prior to receiving a response to my debt verification/dispute request.
Dwayne's answer
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Answered on October 13, 2013
Yes, this is a violation of the FDCPA. You would need to sue in Federal Court because this is a federal law. The don't worry about violating the...
Archived
I am a retired 62 year old that is on social security disability,can old debts have any impact on my income
Dwayne's answer
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Answered on October 13, 2013
Generally, no. Creditors cannot garnish or levy against your social security. However, they can drive you up a wall given enough time. At least get...
Archived
If i sue my credit union to get my line of credit discharged (keeping my car) in Cpt 7 BK, will they litigate or give up?
Dwayne's answer
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Answered on October 13, 2013
This is the tricky part of dealing with a credit union. They will cross colateralize, or future asset collateralize. I have always found it...
Archived
My wife got sued by a CA on 9/23/13 for an account to which last payment was made on 09/10. Does that fall outside SOL.
Dwayne's answer
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Answered on October 12, 2013
I am curious why this is listed under the bankruptcy practice area. While I agree with Mr. Anderson that the SOL likely has not run, I disagree...
Is there a statue of limitations on a divorce decree?
Dwayne's answer
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Answered on October 12, 2013
I agree with Mr. Bollinger, the concept of a Statute of Limitations applies to the timing to sue in a court of competent jurisdiction on a valid...
Archived
Do I need to wait 90 days before filing my bankruptcy Ch 7?
Dwayne's answer
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Answered on October 12, 2013
The 90 days question leads me to think that you are concerned that your refinance was somehow a preferential transfer. These facts as stated do not...
Archived
A judgment has been entered against me. I am 70, live on SS WA State can debtor garnish joint acct w/spouse?
Dwayne's answer
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Answered on October 12, 2013
It is very important that you NOT commingle your social security income with other sources. Drain your bank account that your social security...
Archived
Can a chapter 13 trustee file a motion to have a chapter 13 changed to a chapter 7
Dwayne's answer
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Answered on October 12, 2013
Failure to report an asset on your bankruptcy schedules could be a crime. It depends on whether the court finds that the omission of the asset was...
Archived
I been falsely accused of bankruptcy and my car repossessed, what can I do?
Dwayne's answer
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Answered on October 12, 2013
Were you current on the payments before the repossession. Did you have proper insurance according to your purchase contract and promissory note. If...
Archived
Can bankruptcy court use my projected income for filing chapter 7 or 13?
Dwayne's answer
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Answered on October 11, 2013
I understand that you need more money coming home to meet expenses. However, lowering your tax withholdings is not going to help you when you file...
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