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Recent content by Ladynred

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

  1. L

    Using false collateral

    The problem is w/o the collateral, he probably wouldn't have gotten the loan, right ?? So, in essence, that makes the whole thing a fraud - and he could be arrested. If he defaults and they try to take the collateral, your AUNT would have to first prove that its HERS and not his to claim/use in...
  2. L

    Chapter 7 and Possessions

    No one comes to your home. You list ALL of your possessions on your bankruptcy schedules. You are swearing under penalty of law, that what you put on your schedules is the truth. You value your belongings at garage sale prices. If it all adds up to more than the allowed exemptions for your...
  3. L

    One more question about Harvard

    They can leave NOTHING that identifies that they are collecting a debt.
  4. L

    Validation of Debt

    THAT is what a collection agency is all about - getting their money, even if they have to grind you into the dirt to get it and they do NOT care that they MIGHT be wrong ! You have adequate proof to show a judge that you do NOT owe any debt and that this collection agency is WRONG. Its a little...
  5. L

    Probate Court

    If the law requires probate, then you better go to court. If the law doesn't require it and the estate is insolvent, then you only have to send a copy of the death certificate to the deceased's creditors and tell them the estate is insolvent. Insolvent just means there were more debts than assets.
  6. L

    Wife skipping town...to Australia! HELP!

    Not gonna happen, in that your ex-wife is correct !! Not paying your debt is NOT a criminal offense in the US and there are NO debtor's prisons. She can come and go as she likes, even after walking away from her debts. And again, she is correct. The two don't intermix and she will be starting...
  7. L

    Unlawful Judgement

    Bug them AGAIN, they are holding funds they have no right to hold and you've sent them sufficient proof and complied with their requests for documentation. If it were me, I'd find a lawyer to write them a letter demanding they release the funds and the levy.
  8. L

    Help on a 10 yr old debt..they're trying to collect!

    Thanks... and touché :D
  9. L

    Chp 7 Bankruptcy Discharged!! Help still needed!

    Right, they cannot, it would be a violation of the permanent injunction of your discharge. I really doubt that any can of worms is going to be opened here by trying to recover levied funds. While it should have been on your schedules as an asset, even though you couldn't reach it or use it...
  10. L

    Help on a 10 yr old debt..they're trying to collect!

    Yes.. they can, but its not that common that they DO it ! What WI judge is going to know ANYTHING about WY law ?? As I said, 99% of the time they're going to sue where they can FIND you and where you LIVE and rarely do they try to enforce a foreign state's laws in these kinds of cases. While...
  11. L

    Questions right after 341

    Pretty standard letter. He MIGHT look at those things at your 341, then again, he may not. Many people have taken all that stuff to their 341 and the Trustee never asked to see any of it !! The point is, be prepared with what he's asked for, if you don't need it great, if you do, you're prepared.
  12. L

    Post 341 Question

    You might be wise to wait on all of these things until AFTER your sure you've been discharged. Now that the 341 is over, creditors, and the Trustees, have 60 days to object to your discharge. If no one does, its over and you can go on with your plans.
  13. L

    Chapter 7 to Chapter 13 question

    At the present time, no one can FORCE you into a Ch 13. The US Trustee can look at your filing and if he/she thinks there may be grounds for substantial abuse and you could pay some of your creditors something, then he/she could file a motion to dismiss. In that case, you get with your lawyer...
  14. L

    Where do I get the info to fight this?

    RUN, don't walk, to a bankruptcy lawyer !!! This is something you cannot likely handle yourself.
  15. L

    Charged off debt

    The Statute of Limitations (SOL) is the amount of time that a creditor has to pursue legal means to enforce collection of a debt. So, the SOL on credit cards in GA is 4 years (open-ended account). If the last time you paid on a debt was more than 4 years ago, and you never again paid anything...

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