Archived
I co-signed for a student loan for my son in 2005, which he did not pay. I filed for bankruptcy that closed August 2011 (WA).
Stephen's answer
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Answered on January 25, 2012
Unfortunately, for the majority of debtors, student loans are non-dischargeable. For those who possibly qualify, an adversary proceeding must be...
Archived
How are garnished wages recovered after filing bankruptcy?
Stephen's answer
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Answered on January 25, 2012
Hopefully your fiance retained an experienced attorney. His attorney may be able to recover the funds as a preferential transfer if certain...
Archived
Why am I still being sued for a repo when my wife got the truck in the devorce and I was held harmless to the debt?
Stephen's answer
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Answered on January 25, 2012
Unfortunately the terms of your divorce do not effect a creditors ability to collect against you on a debt. You may wish to go back into family...
I have been served with a writ of execution. The car is not in my name. There is personal property in the house that belongs to
Stephen's answer
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Answered on January 25, 2012
A writ of execution will generally specify what asset is subject to attachment (ie. bank levy, wage garnishment, etc). A creditor can only attach...
Archived
Can I sell my property after Ch 7 discharge and am I obligated to pay the HELOC in addition to the first mortgage if I sell it?
Stephen's answer
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Answered on January 25, 2012
You can not sell a property without paying the liens that are against the property. You may be able to "short sale" the property if the liens...
Archived
If I owe a hospital and they send it to a collections lawyer can they take my state and federal tax returns
Stephen's answer
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Answered on January 25, 2012
I agree with my colleagues. This will be dependent on state law.
Best Wishes,
Steve Doan, Esq
Archived
Bankruptcy v. Family Law
Stephen's answer
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Answered on January 25, 2012
Many attorneys have previously responded to your prior posts. Unless you can clearly establish bad faith a debtor will be allowed to reopen their...
Archived
How can I get mtg comp to report my pmt history to credit bureau after Chap 7 disch?
Stephen's answer
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Answered on January 25, 2012
Your mortgage was included in your bankruptcy. By law, you are required to to list each and everyone of your outstanding debts, whether you intend...
Archived
I co-signed a student loan for my (then) wife. The divorce states she is responsible for all student loans. Where do I stand.
Stephen's answer
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Answered on January 24, 2012
Unfortunately, the creditor can pursue you regardless of the terms of the divorce. You may wish to go back into family law court to have the...
Archived
Can we stop foreclosure on our home?
Stephen's answer
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Answered on January 24, 2012
The only way you can stop the impending foreclosure is to timely reinstate the mortgage, by order of a court, or via a bankruptcy...
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