Skip to main content
Allen D Butler

Allen Butler’s Answers

3 total

  • In a ch13 bankruptcy how is it determine what a person can pay in pmts. for 3/5 yrs? Is a Ch13 held against your credit rating?

    If the income is $24,000 fixed income, (ss & small pension) per year and the debt is one (1) debt of $98,000. Is there a income requirement to qualify for this high of a discharge of dept? Perhaps a better way of asking this question is, Is ther...

    Allen’s Answer

    Based upon the information provided, it would appear that you should consider a chapter 7 bankruptcy as you would qualify based upon your income.

    If there are reasons not to file chapter 7, then the amount of your chapter 13 plan payment would depend upon a number of factors--principally your net disposable income after expenses. It is important to note that social security income is not counted as income unless the debtor needs the income to support the plan payment.

    It would be advisable to meet with a bankruptcy attorney to discuss the options that would be available to you.

    This is not intended to provided specific legal advice in your particular situation.

    See question 
  • I live in a house that the rent is paid by the boss. if i lose my job am i obligated to pay the rest of the year lease

    i did not sign the lease. am i obligated to pay the rest of the year lease

    Allen’s Answer

    You would need to make sure that you are not contractually obligated to the landlord by examining a copy of the lease. Assuming that you are not a signor on the lease, then under general contract law, you would not be liable.

    Note, however, that I am not licensed in Florida, and it is possible that there are state or local laws that would affect your situation.

    See question 
  • What is the statute of limitations on unpaid HOA fees from a previous marriage in AZ.

    I purchased a home in Ariziona with my then wife about 7 years ago. At the time, only her name was included on the title and the HOA contract. Later, my name was added to the title, but not to the HOA. We were then transferred overseas (ARMY), and...

    Allen’s Answer

    It is always difficult to answer specific questions, and it would be best to consult an attorney. Some general principles are applicable here:

    In Arizona, HOA liens generally attach to the property, so the HOA probably has a lien against the property.

    Your wife's bankruptcy would have discharged your community debts UNTIL you got the divorce, at which time you became responsible again.

    You would become responsible for the HOA fees when you were put on the title.
    You could most likely negotiate a settlement with the HOA, which is a service my firm provides.

    This answer is not intended to give specific legal advice. It is always best to consult an attorney.

    See question