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Harold E Campbell III
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Harold Campbell’s Answers

60 total


  • Do I need to file a motion to re-open a closed/discharged chapter 7 no asset bankruptcy case to include a creditor.

    I filed in 2013 and discharged in 2014 and closed in 2015. Now I am trying to rent an apartment and this previous landlord came up in a report with a judgement against me. Being they were not on my credit report they got over looked and did not ge...

    Harold’s Answer

    If your case is indeed a no asset case and closed, there is nothing more you need to do. In a no asset case, debts that are not listed are discharged, per our Ninth Circuit Court of Appeals-In re Beezley 994 F2nd 1433 (9th Cir. 1993). Your bankruptcy discharge protects you.

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  • Is there recourse against spouses bankruptcy filing?

    my sister got a divorce. the final decree on sept 2014, said her husband had to pay a certain medical bill from mayo. he has changed the bill in her maiden name so the creditors contact her. she had an accident and got concussion and couldn't get ...

    Harold’s Answer

    This is a difficult legal question that will require a consultation with an experienced attorney. The Ex filed Chapter 13 rather than Chapter 7 because it allows him to exercise certain control over your sister that he cannot do if he files a chapter 7. I agree with Mr. Hoyt that divorce court may be an option, but that is dependent on how the Chapter 13 Plan is written. I would be surprised if, as you say, your sister is not listed in the Chapter 13. She must be careful that by going to divorce court she is not held in contempt in by the bankruptcy court. This consult may be one where she has to pay a consultation fee, but she needs to know all her options now.

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  • What are the laws in Arizona regarding re-aging debt?

    If I owed money on an account from 2008 and I had made two $20 payments, will that re-age the account?

    Harold’s Answer

    The statute of limitation for suing on a written debt is 6 years. The six years runs from your last $20 payment. If this last payment causes a problem, and especially if you have other debt, you may want to set up a consultation with an experienced bankruptcy attorney to discuss all your options. Most attorneys offer the first consultation free.

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  • I need to hire a tax attorney and need a recommendation for a competent, honest one to do a C & R with the IRS.

    I need a recommendation for an attorney I can trust to help me do a compromise & release with the IRS. I have researched countless hours about all these tax relief services and every one of them has a bad reputation for scamming people and not ...

    Harold’s Answer

    What you are looking for is an offer and compromise. You are correct, most of the companies on television or the radio are out of state boilerrooms that are worthless. You need to sit down with an experienced local attorney who you can hold accountable for your case. As Mr. Peterson said in his answer, AVVO is a good referral source for this and most of these attorneys do not charge an initial consultation fee. The consultation will enable you to see if the offer in compromise will work for you and let you see what all your options are.

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  • What is Arizona's Homestead Exemption act? How can I use it to protect my property against a law suit?

    I live in Arizona and am being faced with needing to protect my property against a law suit. I was told that Arizona has a Homestead Exemption act that helps Seniors protect their property. I need to know more about what this entails and how I g...

    Harold’s Answer

    The Arizona homestead exemption protects your home from non-mortgage creditors up to $150,000 equity. The home must be your residence. If you have a lawsuit against you should seek advice from an experienced bankruptcy attorney. The attorney can look at your individual fact situation and advise you of both your bankruptcy and non-bankruptcy options.

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  • I am curious as to if your condo is in a single member LLC with you as the single member and you file for chapter 7 bankruptcy,

    Curious about a bankruptcy question.

    Harold’s Answer

    Before you file for bankruptcy, you definitely must consult with an experienced bankruptcy attorney. While the LLC is not in the bankruptcy, your membership interest is property of the bankruptcy estate. This means that the bankruptcy trustee will step into your shoes and become the new single member and then sell the condo and keep all the proceeds. There may be ways to address this problem, but this must be fully explored with your attorney. Please do not rush out an file this bankruptcy yourself with a document preparer or you will lose the condo.

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  • What should I do?

    My ex-husband is supposed to pay me spousal support after our divorce. He just filed for bankruptcy using some document preparer who listed me as a Schedule F creditor, and I got noticed. I don't want him to wipe out what he owes me in arrears o...

    Harold’s Answer

    Bankruptcy is a federal law so it is the same in Arizona as it is in Concord N.H. Spousal support cannot be discharged in a bankruptcy. Because it is a debt, it must be listed (on Schedule E, not Schedule F), but it is not discharged. As long as your divorce decree clearly lists it a spousal maintenance, it will not be discharged. Even if it was listed as a non-support debt in your divorce decree, it would still be discharged because any debt created by divorce decree cannot be discharged in a Chapter 7 (it could be different in a Chapter 13). You may want to schedule a consultation with an experienced bankruptcy attorney to confirm this (this kind of bankruptcy consultation is usually not free), but you should know that your spousal maintenance obligation is protected from the bankruptcy discharge.

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  • Is there any way at all to keep my car and have the loan discharged?

    I have a car loan that I still owe $12,000 on. I've paid approximately $6,000 and the majority of that has gone to the interest. The car is worth $6,000 to $7,000. I am going to be filing chapter 7 bankruptcy. Can I reaffirm the loan through bank...

    Harold’s Answer

    You may certainly try to renegotiate better terms in a reaffirmation agreement, but my experience in 38 years of bankruptcy law is that lenders rarely negotiate. Of greater concern is the fact that you are 50 days late on your payments. The Chapter 7 will not protect you in the long run from repossession if you cannot get current on the loan. You may want to look at a Chapter 13 bankruptcy which might, depending on your facts, allow you to modify the loan so as to enable you to keep the car. You should consult an experienced bankruptcy attorney in your area about this. Bankruptcy is a powerful tool, but it can be dangerous if you try and represent yourself.

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  • What kind of lawyer do I need?

    My husbands wife stole his identity and took out a credit card in his name. She maxed it out and is no longer paying for it. The police can't do anything till there is proof. The bank refuses to give us any info on the account, sending us to the c...

    Harold’s Answer

    Your situation can be best addressed by a bankruptcy attorney. Experienced bankruptcy attorneys usually offer a free consultation and can also analyze your non-bankruptcy options. A key will be whether this involves his wife or his ex-wife.

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  • What do I need to do in this case? Is there any way we can switch an attorney with smaller amount of fee?

    Me and my husband has so much debt that we can not afford to pay . So we planned to file bankruptcy. We were paying for filing fee and attorney fee monthly since we can not afford to pay upfront everything. We paid over $2000. And went back to our...

    Harold’s Answer

    Bankruptcy is an important decision in your life and it is important that you have confidence in and a good relationship with your attorney. Unless the fee agreement you signed with your attorney is an "earned upon receipt" contract (which is rare and disfavored by the State Bar of Arizona), you should be able to get a good portion of your fees back. The amount would depend on the amount of work done by the firm. I do not know what a "case manager" is, but it sounds like this is not an attorney and it is somewhat disturbing that you are only talking to a non-attorney about your case. Most experienced attorneys would offer you a free consultation to look at your situation and advise you. AVVO is a good source to find such an attorney. It does not have to be an attorney in Flagstaff, as Phoenix and Mesa attorneys could also handle your case and some of these attorneys have offices in Flagstaff in which they meet with clients. The important thing is to make sure you will be meeting with an attorney, and not a case manager or some other non-attorney.

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