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Robert Charles Russell
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Robert Russell’s Answers

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  • My friends got a ch 7 discharged and forgot about a medical bill? Do They have pay it or tell them they got discharged?

    My friends wife got a final notice in the mail saying she owes money for an X-ray or ultra sound, she was billed for 3 dates she was billed for 2 in feb. and one in April? But she filled for bankruptcy in March? She called them and my 2payments al...

    Robert’s Answer

    In a "no asset" case, she does not owe the debt for any services provided before she filed bankruptcy (assuming no fraud was involved, etc). The friend should speak with an attorney.

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  • Is bankruptcy good?

    i have no money

    Robert’s Answer

    It depends.

    If you have no money and no assets and nothing any creditor can take, you are "judgment proof", i.e., a judgment cannot harm you. Maybe you do not need to file now, if ever.

    But, if you might lose assets to a garnishing creditor now or in the future, you might choose to file now to address that problem sooner vs. later.

    So, bankruptcy is great for some, bad for some, and completely unnecessary for others. It depends on your circumstances.

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  • Can they still garnish me with out certified mail or serving me with garnishment papers?

    My paycheck was garnished and I never received notification that I was being garnished. I called my hr department and they gave me info. It was an old landlord that sued me in small claims but I never paid. Can they still garnish me with out certi...

    Robert’s Answer

    Here is a link to the Washington statute that shows what kind of notice you are supposed to receive - which includes a copy mailed to you at your last known address.

    http://app.leg.wa.gov/rcw/default.aspx?cite=6.27.130

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  • Am I responsible for her debt just because we are married? I know I cannot control her decisions. Any suggestion?

    My wife and I got married 4 years ago and She had a big credit card debt before we got married. She has always paid the monthly payment on time and her credit is "good" because of that. She has her bills and I have mine and it has alwys been that ...

    Robert’s Answer

    She can file bankruptcy. You do not have to file. When she files, she files for her and the marital community. All of her assets and the marital community assets are assets of the bk case. All of her debt and martial community debts are "included" in her bankruptcy. Usually, the non-filing spouse is not impacted by the other spouse filing. Exceptions to this would include scenarios where you - the marital community - have significant non-exempt assets. Most people do not have non-exempt assets, however.

    SO, it is quite possible she can file and it will have no negative impact on you. BUT, you need to make sure you find very qualified counsel to "do it right".

    Here is a link to an article I wrote on the subject that might be helpful. http://robert-russell.com/can-one-spouse-personally-liable-debts-incurred/

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  • How can I get the title for my trucks if the trustee paid what they asked for?

    My husband and I have a trucking business (2 trucks) in 2012 we filed Chapter 13. Now 8 years after the purchase of the 2 trucks the Trustee says the trucks are paid 100%. The lien holder claims we still owe $16,000 and won't release our titles.

    Robert’s Answer

    The Chapter 13 process you said how much you were going to pay them, at what interest rate and over what time period. If you received a Chapter 13 discharge, then you completed the plan and paid them their due. My guess is that they don't understand how the 13 process works. It is a violation of the "post-discharge injunction" for them to hold your title w/o right. Please check with qualified 13 counsel to make sure they were paid correctly under the plan. If so, recovery of the title "should" easily follow.

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  • Is there a way to stop this burden of garnishment? Avoid the attny fees that keep accumulating?

    I am being garnished at work. The attny got a judgement against me for $4000 for a past credit card. The garnishment last only so long so she has to go back to court every few months and ask for another garnishment. I've called and gave my mail...

    Robert’s Answer

    You can be garnished until the debt is paid, until you make a payment arrangement that stops garnishment, or until you file a bankruptcy. Each Writ of Garnishment should state the then-current balance due on the judgement. So, yes, that balance due does not go down as much as funds are garnished from you because you also pay the garnishment costs and fees. SO, at this point, yo might call them to make a deal or consider filing a bankruptcy since ti appear yo do not have the ability to pay the balance due in full now.

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  • Is it possible to get out of a chapter 13?

    In chapter 13 and don't think we needed to be in one.

    Robert’s Answer

    As a general rule, you have the absolute right to dismiss a Chapter 13 unless it is a dismissal in bad faith. You should speak with a qualified attorney on this matter.

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  • Are there any low income bankruptcy programs?

    I'm a single mom and low income. I need to file bankruptcy, but don't have the money to pay a lawyer.

    Robert’s Answer

    You might check with the NW Justice Project. Then can also suggest other resources. See link below.

    https://nwjustice.org/clear-hotline

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  • How much of my wages can they garnish?

    I understand that I am getting 25% of my wages garnished by I missed about 10 hours last week. Will they garnish 25% of how much I actually made or is it more of a fixed amount (25% of what I am supposed to make)?

    Robert’s Answer

    Seventy-five (75) percent of disposable earnings or thirty-five times the federal minimum hourly wage, whichever is larger, is the exempt amount. This 75 percent (or thirty-five times) must be paid to the employee. The remaining 25 percent is subject to the writ of garnishment (continuing lien). You should be able to keep, at a minimum, the first $1,100 net (estimate) for a month's net income.

    If the writ of garnishment (continuing lien) is for child support, the exempt amount is 50 percent.

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  • Will the foreclosure appear on my credit after I've been off the deed for 5 years and bankruptcy? Is there anything I can do?

    I moved out of the home that I owned with my ex (not married) in 2011. The house was already in foreclosure. Ex continued to live there. In 2013, he asked me for a quitclaim, which was filed, making him the only person on the deed. I filed for Cha...

    Robert’s Answer

    Here is the semi-official answer from the people that calculate your credit score (link below):

    How long will a foreclosure affect my FICO score?

    A foreclosure remains on your credit report for 7 years, but its impact to your FICO® score will lessen over time. While a foreclosure is considered a very negative event by your FICO score, it's a common misconception that it will ruin your score for a very long time. In fact, if you keep all of your other credit obligations in good standing, your FICO score can begin to rebound in as little as 2 years. The important thing to keep in mind is that a foreclosure is a single negative item, and if you keep this item isolated, it will be much less damaging to your FICO score than if you had a foreclosure in addition to defaulting on other credit obligations.

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