Archived
With a state lein for student loan will my state and federal refunds be interupted or just the state refund
Shaye's answer
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Answered on January 15, 2014
Federal income tax refunds can be offset to pay federal non-tax debts like student loans. Unless your son's student loan is federally insured,...
Is a text message of a 30-day notice a "legal written document?" Can my landlord evict me on the 30th day from the text message?
Shaye's answer
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Answered on January 15, 2014
A text message is not a legally recognized notice to vacate so you can ignore it. The notice would start the day you receive the proper legal...
Archived
Can a warrant be issued for missing a payday loan payment?
Shaye's answer
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Answered on January 15, 2014
This is a scam. Unless you actually receive notice in writing or in person from a law enforcement agent, don't worry about this. This threat is...
I enrolled in a debt-reduction program called Clear One Advantage and I am not satisfied with their methods..
Shaye's answer
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Answered on January 15, 2014
Without reviewing your contract I cannot provide specific information on what the repercussions would be for cancelling beyond the 90 days. There...
Archived
Chapter 13 case dismissed for failing to include creditor list.
Shaye's answer
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Answered on January 15, 2014
You can either file a new Chapter 13 case (in which case you would also need to file a motion to extend the automatic stay, assuming you are filing...
Archived
In the event of a default ... is the creditor under any obligation to mitigate the amount owed by the borrower ?
Shaye's answer
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Answered on January 15, 2014
The creditor can choose to abandon the boat and sue you instead for breaching the contract. If they abandon the boat, you should demand that they...
Archived
How would a personal bankruptcy affect my ability to remain in my home ?
Shaye's answer
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Answered on January 15, 2014
Assuming you have available exemptions to protect any equity in the home, and assuming you have properly asserted those exemptions, and assuming...
Archived
Can collection agency garnish your tax refund? Is that legal?
Shaye's answer
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Answered on January 15, 2014
No, absolutely not. Are you receiving threats of this nature? If so that would be a violation of the Fair Debt Collection Practices Act.
Archived
I got the house as part of the divorce settlement. The bank refused to take his name off the loan. He filed for bankruptcy.
Shaye's answer
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Answered on January 15, 2014
You probably need to refinance the loan in order to remove his name. I can't speculate as to why the bank is claiming you are in default without...
I just received a motion for alias execution. The loan that is being referred to was discharged in a Bankruptcy 10 years ago??
Shaye's answer
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Answered on January 15, 2014
First, make sure this involves a debt that was owed prior to the day your bankruptcy was filed. Next you want to make sure the debt was included...