Archived
If my vehicle is repo'd & I'm sued for balance of the loan, what happens if I don't have the money to pay the lien?
Shaye's answer
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Answered on March 03, 2014
The lender is going to auction off the car to the highest bidder and then come after you for the deficiency. If you do not pay the deficiency,...
Archived
I am nearing the end of a Chapter 13 BK and am trying to wrap it up for discharge.
Shaye's answer
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Answered on March 03, 2014
We can't answer this question without reviewing your chapter 13 plan, the claims filed, and the trustee payment records. Make an appointment with...
Archived
Can a person declare bankruptcy if they are in debt due to fraud?
Shaye's answer
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Answered on March 03, 2014
He can certainly file bankruptcy but you can challenge the discharge the debt he owes you by filing what is called an adversary proceeding and...
Archived
I received interrogatories from Plaintiff with the wrong parties in the definitions. Do I have to respond?
Shaye's answer
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Answered on March 03, 2014
I agree with Attorney Rothstein. Respond to the interrogatories. Court cases are public so there was no invasion of privacy.
Archived
Should I continue to try and make full or partial card payments if I decide to file bankruptcy?
Shaye's answer
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Answered on March 03, 2014
You have to decide what makes the most sense for you. Some attorneys will tell their clients not to pay anything they don't want to keep (meaning,...
Archived
Student loan, my mother's wages were garnished (cosigner). Should she file for bankruptcy or just me? If I file, can I get he
Shaye's answer
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Answered on March 03, 2014
Yes, if you file Chapter 13, assuming you are eligible to do so, there is a codebtor stay which will prevent the student loan company from...
Archived
Should I be concerned about getting my settlement money?
Shaye's answer
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Answered on March 02, 2014
I would give it some more time. The post office is a bit slower these days given all the closures. Of course you are anxious but it's too soon...
Archived
I am waiting for my 341 meeting (chapter 13). My financial situation changed, I lost my job earnings.
Shaye's answer
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Answered on March 02, 2014
You need to get yourself an attorney. Chapter 13 cases are extremely complicated and most Chapter 13 cases filed by pro se debtors end up getting...
Archived
Is it possible to negotiate a $5k settlement on a $25k private student loan?
Shaye's answer
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Answered on March 02, 2014
Settling a student loan is an entirely different ball game than settling a credit card debt. There is far less incentive for a student loan...
Can you hire a expert witness if you have a public defender?
Shaye's answer
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Answered on March 02, 2014
Yes, absolutely. Experts are hired in criminal cases all the time - including when the defendant is represented by a public defender.