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Creditors and Bankruptcy/Questions

SubjectDate AskedExpert
SECURED Card2/3/2012Brian V. Lee, Esq.
  Q: Being 18 and soon wanting to apply for a $7,000 auto loan later this year, i have started out with ...
  A: Unsecured credit cards will build your credit faster than secured cards, so transition as soon as ...
bank levy1/30/2012Bankruptcy Services
  Q: if my husband get a judgment for a hospital bill and they put a levy on his bank account in florida ...
  A: If your husband is also an account holder, then that changes everything. Depending on facts that ...
suppliers of credit1/27/2012Bankruptcy Services
  Q: hope you are doin well. i have a question on suppliers of credit, there are many suppliers of ...
  A: Do you mean in the most general sense, or are you talking about a specific situation? If you are ...
Affirmation Required?1/23/2012Brian V. Lee, Esq.
  Q: I filed BK7 & and never missed a payment on my car. I continued payments until I paid it off. Never ...
  A: If you did not file a reaffirmation agreement for the car in your Chapter 7, then the debt was ...
Chapter 13 bankruptcy1/15/2012Brian V. Lee, Esq.
  Q: I am currently in chapter 13 bankruptcy in NC with no late payments. My parents cosigned a private ...
  A: The lender can contact your parents because they are not protected by your automatic stay. See ...
Bankruptcy Ch. 7 or 131/14/2012Bankruptcy Services
  Q: I own a house, for which I am upside down. My house is worth approximately $290,000 and my mortgage ...
  A: I just saw that your question was posted in the question pool. Your question is copied here and ...
Bankruptcy Chapter 13?12/27/2011Bankruptcy Services
  Q: I have old bad debt that is past the statute of limitations in my state. Now, again, I am having ...
  A: I was rereading your question and got to thinking that it if you call me, it may even be possible to ...
what can I get rid of with bankruptcy12/19/2011Brian V. Lee, Esq.
  Q: I have multiple payday loans, a title loan and a relatively small amount of credit card debt, ...
  A: I assume you would like to file a Chapter 7 bankruptcy, which will eliminate everything you mention ...
Financial Credit Reporets11/20/2011Bankruptcy Services
  Q: I am about to sell a house with some owner financing involved. I have tried to get a credit report ...
  A: I have been at this for over thirty years since I graduated from law school, and this is the first ...
bankruptcy time frame11/20/2011Brian V. Lee, Esq.
  Q: I saw in the newspaper that a tenant who is behind in rent payments, but still paying a little at a ...
  A: If the tenant owes back rent, you should have been listed as an unsecured creditor and received ...
Credit card / bankruptcy help10/28/2011Bankruptcy Services
  Q: Good evening and thank you for your help, I had a joint discover card with my ex-husband, we were ...
  A: Since you were a joint account holder, bankruptcy may be a good option for you, but that depends on ...
Default or Bankruptcy?10/18/2011Brian V. Lee, Esq.
  Q: I can't pay my bills. I am sure you hear many people say that on a daily basis. Unfortunately I've ...
  A: Putting off tough decisions rarely makes them easier. Defaulting on your debts will only damage ...
Bankruptcy10/14/2011Bankruptcy Services
  Q: My husband and I filed for bankruptcy. It cost us $1100 and we didn't have that kind of money. (if ...
  A: You bring up an issue that is not as uncommon as people might think. However, because of the ...
Bankruptcy question10/10/2011Bankruptcy Services
  Q: I have not worked in many years as my adult daughter is mentally challenge and has had medical ...
  A: There is a way that you could file and keep the 6,000 and everything else, but it is important that ...
Payment Arrangements10/3/2011Brian V. Lee, Esq.
  Q: I was out of work for 9 months and got behind on a credit card payment. The credit card company ...
  A: Did you get the agreement in writing? If not, the debt collector can require you to comply with ...
medical debt collections9/7/2011Brian V. Lee, Esq.
  Q: My wife incurred a medical debt of $3,500 about 6 yrs. ago in Washington state. She recently ...
  A: As ridiculous as it sounds, Yes, the creditor can indeed obtain judgment on the original debt and ...
sued by creditor8/30/2011Brian V. Lee, Esq.
  Q: I recently learned that one of my creditors is suing me. I received paperwork that instructs me to ...
  A: There are no debtor's prisons anymore. Once the creditor has obtained a judgment, they can harass ...
Chanper 7 bakruptcy8/12/2011Brian V. Lee, Esq.
  Q: My wife and I started a franchise business as a LLC registered in Virginia. Nearly two years since ...
  A: You may be able to work out a termination of the agreement with the franchisor, however if that is ...
IRA and bankruptcy7/29/2011Brian V. Lee, Esq.
  Q: Lee I am 57, single, no children, live in Calif. I have just under $50,000 in an IRA, but close to ...
  A: Do not make another withdrawal from your IRA, which is fully protected in Chapter 7 bankruptcy. Go ...
Ch. 7 and Student Loans7/19/2011Brian V. Lee, Esq.
  Q: My husband and I filed for chapter 7 bankruptcy in 2010. We have significant outstanding student ...
  A: It is quite possible that the bank wrote the loan off and accepted a discharge of the loan. It is ...
credit card7/19/2011Brian V. Lee, Esq.
  Q: Some one added me as an authorized user on a chase account, how to find out who is that person, ...
  A: You must contact Chase and explain the situation. They will likely require you to submit something ...
Bankruptcy7/8/2011Brian V. Lee, Esq.
  Q: I left an abusive relationship about a month ago. My spouse put all of the bills in my name and had ...
  A: Wow, I am really sorry to hear all that. It definitely sounds like you're better off without him. ...
Judgement Seizure6/30/2011Regan Shinski
  Q: I live in NY state and am completely disabled. I receive only social security disability as income ...
  A: I believe cars that have less than $4,000 in equity are exempt from seizure in New York. So, if ...
bankruptcy6/30/2011Brian V. Lee, Esq.
  Q: I received money when my fiancee died because i was his sole beneficiary and it is in my checking ...
  A: To a bankruptcy trustee, cash is cash, regardless of the source. The trustee will seize any ...
How to calculate APR fees?6/28/2011Regan Shinski
  Q: My intro credit APR of 0% is coming to an end (July 1). I now have a balance of $1,000. My new APR ...
  A: The terms are outlined in your credit card agreement. They can vary slightly from creditor to ...
Auto Charge Off6/27/2011Regan Shinski
  Q: The last payment I made on my car loan was in the Fall of 2008. Since then my account with my ...
  A: It is possible but difficult to get another auto loan while this is still showing as unpaid and/or ...
Applying for CC and Mortgage6/20/2011Regan Shinski
  Q: Am in the process of buying our first home and have pre-approval for mortgage (down payment is ...
  A: If you have a pre-approved mortgage I would NOT apply for new credit until the house closes. You ...
Chapter 7 and Credit Report6/6/2011Regan Shinski
  Q: I filed chapter 7 and it was discharged in May 2010. I included my credit cards in the bankruptcy. ...
  A: Yes. They should be reported as included in the bankruptcy with a zero balance. However, this does ...
Bankruptcy/Financial/Real Estate5/21/2011Michael Reilly
  Q: I own my condo. I have been out of work 3 years, still cannot find a job and things are not looking ...
  A: Tracey, I believe the bigger issue here is your opportunity to return to work. What are your ...
collection settlement5/20/2011Michael Reilly
  Q: I was trying to get a settlement letter from a collection company saying they would be settling for ...
  A: Zach, it’s common for these collection companies to try and trick you into sending funds or ...
collection settlement5/19/2011Michael Reilly
  Q: I was trying to get a settlement letter from a collection company saying they would be settling for ...
  A: Zach, The answer to your question is, Do Not For Any Reason Provide Information until you have ...
Mortgage after Chap. 75/16/2011Brian V. Lee, Esq.
  Q: My husband and I will file for Chap. 7 in June 2011. We live in CA. Our home has little if any ...
  A: You can submit information to the credit bureaus, but they will likely simply disregard it. The ...
bankruptcy5/12/2011Michael Reilly
  Q: I filed Chapter 7 bankruptcy in CA in 2009. My car was suppose to be excluded, and I have continued ...
  A: Dane, Did you file the chapter 7 pro se (without an attorney), if not, you need to contact your ...
Forgot to include creditor in chapter 75/12/2011Brian V. Lee, Esq.
  Q: I forgot to include a "creditor" when I filed for Chapter 7 in 2007 in California. It's a lawsuit ...
  A: If the plaintiff(s) will not back down, you must move the bankruptcy court to reopen your case, ...
bank trying to collect defaulted account from beneficiary5/12/2011Regan Shinski
  Q: my parents opened a checking account. they put me down as a beneficiary on the account. i did not ...
  A: I don't think so. I'm not sure why they would be trying to collect it from you. Send a dispute ...
pmi after bankruptcy5/3/2011Brian V. Lee, Esq.
  Q: Last year my husband filled bankruptcy. In the last month or so he has been getting calls from the ...
  A: The insurance company is likely attempting to resolve issues between the bank and insurance company. ...
Personal Bankruptcy and LLC4/21/2011Regan Shinski
  Q: I filed chapter 7 personal bankruptcy and received a discharge several months ago. After receiving ...
  A: Michael: If it is as you say, you should be fine. Ideally you would have some documents from the ...
BANKRUPTCY AND PROPERTY TAXES4/16/2011Regan Shinski
  Q: I AM IN ILL.AND HAVE BEEN IN CHAP.13 FOR TWO YRS.1 YR. LEFT AND MY CHAP DOSENT ALLOW ENOUGH MONEY TO ...
  A: Is the house/escrow listed in the chapter 13? If so, you can seek an adjustment to include this ...
Served a Summons after a Chapter 7 Discharge4/16/2011Brian V. Lee, Esq.
  Q: I filed for Chapter 7 last year and I received my discharge early this year. All my debt was ...
  A: This is likely an honest mistake. Call the attorney and offer to fax them the Discharge Order. ...
Car Loan Payoff4/13/2011Regan Shinski
  Q: Shinski ... Hi Mr. Lee ... Is there any benefit to my credit rating if I maintain a car loan and ...
  A: There is no direct benefit to maintaining the loan as long as you have some installment loans ...

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Creditors and Bankruptcy

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Brian V. Lee, Esq.

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Expertise

All questions related to consumer and business bankruptcy, debt management, and personal finances are welcome. Serving clients in the DC-metropolitan area since 2005, I am licensed in Virginia and the District of Columbia. I have provided counsel to hundreds of clients with a wide variety of complex legal and financial issues. Feel free to visit my All About Bankruptcy blog for more information.

Experience

Serving clients in the DC-metropolitan area since 2005, I am licensed in Virginia and the District of Columbia. I have provided counsel to hundreds of clients with a wide variety of complex legal and financial issues. * Bankruptcy Chapter 7 * Bankruptcy Chapter 13 * Bankruptcy Chapter 11 * Bankruptcy Terms * Foreclosures * Mortgage Issues * How to Save Your Home * How to Rebuild Your Credit * Property You Can Keep * Car Repossession * Debt Test * Tips for Consumers in Debt * What to Expect in Court * Washington, D.C., Exemptions * Virginia Exemptions * Checklist of Key Changes in Bankruptcy Law * Changes in Chapter 7 & 13 Bankruptcy Law * Big Changes in Bankruptcy Law

Organizations
DC Bar, VA Bar

Publications
http://www.lee-legal.com/bankruptcy-blog

Education/Credentials
I am a graduate of Rutgers University and the George Mason University School of Law.

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