Questions answered by Francis John Gist III

Archived

How to issue a debtor exam? How to subpeona an employer to verify debtors personal information? What is a consumer notice?

Francis's answer | Answered on March 09, 2016

As my esteemed colleagues have explained, this is a very complicated and risky area of the law. I agree with their assessments, especially as it...

Archived

Should I declare for bankruptcy? What else can I do?

Francis's answer | Answered on March 09, 2016

I would add my agreement to my esteemed colleagues' answers, with one other reminder. Chapter 7 can only be filed once every 8 years, and so should...

Archived

Could this be a scam or should i take it serious?

Francis's answer | Answered on February 27, 2016

It is a scam. The IRS is much less direct, and they do not communicate with citizens through tax attorneys. Get your taxes done, or hire a GOOD...

Archived

Can I sell my primary residence condo without regard to my discharged bankruptcy?

Francis's answer | Answered on February 22, 2016

Your Chapter 7 was either and "Asset" or "no Asset" case. Both get a Discharge, but the "Asset" case is where a Trustee recovers assets from the...

Archived

If I pay off a large court fine close to a chapter 7 bankruptcy could that raise any preferential payment red flags?

Francis's answer | Answered on February 22, 2016

Well, there are some court debts that are priority in nature, and the chapter 7 trustee wouldn't even try. However, that is a short list of court...

Archived

Do Bankruptcy over rules foreclosure

Francis's answer | Answered on February 22, 2016

First, your HOA can foreclose on your home for post-bankruptcy dues that should have been paid. I do not believe you can be held personally liable...

Archived

Is there a "failed business" exemption that can be used to protect property in my spouse's name and his credit from my BK?

Francis's answer | Answered on February 22, 2016

If I read your question correctly, you have something greater than $15,000 in overall debt, 70% of which is related to your business failure. You...

Archived

Can I modify my Chapter 13 plan to include my 2015 taxes that are now due? If so, can I then file a claim on behalf of the IRS?

Francis's answer | Answered on February 16, 2016

One of the requirements of Chapter 13 is that you must stay current on your ongoing taxes. Speak with your attorney, because the IRS can really...

Archived

Can I obtain a certificate of credit counseling and file it with the bankruptcy court to be protect myself from legal action

Francis's answer | Answered on February 16, 2016

Your question is curious. Why do you need protection, and why would you not want to file a Bankruptcy to protect yourself, instead of just the...

Archived

Do debts get discharged in a chapter 13 bankruptcy and chapter 7 bankruptcy?

Francis's answer | Answered on February 16, 2016

AS you can see, all answers point to obtaining a free consultation from an attorney. You can find a local attorney from Avvo, using the "Find a...

Francis John Gist III's Answers (493)

How to issue a debtor exam? How to subpeona an employer to verify debtors personal information? What is a consumer notice?

Should I declare for bankruptcy? What else can I do?

Could this be a scam or should i take it serious?

Can I sell my primary residence condo without regard to my discharged bankruptcy?

If I pay off a large court fine close to a chapter 7 bankruptcy could that raise any preferential payment red flags?

Do Bankruptcy over rules foreclosure

Is there a "failed business" exemption that can be used to protect property in my spouse's name and his credit from my BK?

Can I modify my Chapter 13 plan to include my 2015 taxes that are now due? If so, can I then file a claim on behalf of the IRS?

Can I obtain a certificate of credit counseling and file it with the bankruptcy court to be protect myself from legal action

Do debts get discharged in a chapter 13 bankruptcy and chapter 7 bankruptcy?