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About Michael Brotherton
(Top Expert on this page)

Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. We are well versed in Loss Mitigation practices and the legal collection process. We have helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. We actively promote Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).

Experience
28 years in financial services industry as a loan officer and debt collctor. Developed bankruptcy and loss prevention manual for large finance company for manager training. 15 years as a debt counselor and consumer advocate.

Education/Credentials
Veterans sponsored OJT Manager Candidate Scool for AVCO Financial Services, Keystones to Management for ITT Financial Services, Certified Finance Management for Associates Financial Services.

   

You are here:  Experts > Shopping > Credit/Debt Management > Creditors and Bankruptcy

Questions Answered By Expert  Michael Brotherton 
In Category  Creditors and Bankruptcy

SubjectDate Asked

Car Finance Company (Ford Fairlane Credit)5/10/2009
  Q: My husband purchased a truck before we purchased our home. The year we moved into our home, we let ...
  A: First with regard to the foreclosure it is not too late to fix the problem. 99% of mortgage ...
Poor?5/6/2009
  Q: If you live on welfare and medicaid,does that mean that you are poor but you don't live under poor ...
  A: Being poor is a state of mind. Many have very little but a rich in spirit. I'm not trying to be ...
Creditor Bank Levy5/5/2009
  Q: A creditor (Paul Harris) had a levied placed on my account for debt from 1998. I tried to reach out ...
  A: Do they have a judgment? Also, why would you have a hearing in Indianapolis if you live in Chicago? ...
Poor?5/5/2009
  Q: If you live on welfare and medicaid,does that mean that you are poor but you don't live under poor ...
  A: Being broke and being poor are two completely different things. Being poor is a state of mind or an ...
Collection Agency scam5/5/2009
  Q: I think this is a scam: I got a call from a collection agency(Portfolio Recovery Associates). They ...
  A: First, if it has been that long you have went well beyond the statute of limitations. You no longer ...
credit card judgements/student loans/bankruptcy4/14/2009
  Q: I had a chapter 7 bankruptcy in 1996. I thought that would include my student loan, but it didn't. ...
  A: Sorry for the delay. The fact information sheet is just to determine your income and assets that may ...
credit card judgements/student loans/bankruptcy4/13/2009
  Q: I had a chapter 7 bankruptcy in 1996. I thought that would include my student loan, but it didn't. ...
  A: First, this is a civil matter. They cannot put you in jail or do anything to you physically so ...
execution on levy of ex-husbands liens4/13/2009
  Q: I've been divorced for 8 years and per my divorce decree my ex-husband and I are tenants in common. ...
  A: What are the liens for? If he is part owner in the house he has to approve the sale but why would ...
refinance car4/10/2009
  Q: Trying to refinance an upside down loan on 2008 Nissan. ($749 mth) Due to bad credit, not able to ...
  A: Refinance may not be practical since most banks are credit sensitive these days. You may be able to ...
Credit Card suit in Texas4/8/2009
  Q: Facts: I live in Texas, Law Suit from 3rd party collector is to use Delaware law, SOL is 4 years for ...
  A: You are doing the right thing. Your motion for dismissal based on their own evidence should be ...
voluntary return3/2/2009
  Q: I have a lease which I paid 577.00 for I just got laid off if I turn in the vehicle how would it ...
  A: If you turn it in early without paying the early termonation fee it will be treated just like a ...
Being Sued By Credit Card3/1/2009
  Q: Help! I was just served by the Sherriff's Dept a notice that I am being sued civilly in court for ...
  A: Sorry for the delay. I have been inundated with questions. Anyway, this is a civil mater not a ...
contracting with a company on the brink of bankruptcy2/28/2009
  Q: I've been contracting for the same company for about 5 years and they've never missed a payment. ...
  A: At this point it is speculation that they are filing bankruptcy until you have evidence to support ...
Unsecured debt and levy/judgement2/26/2009
  Q: I am very glad I found this site. I have aWe currently live in PA but had owned property in FL ...
  A: I'm afraid you were duped by Countrywide. First, you were talked into signing the note which I would ...
Canadian with Debt in the U.S.2/10/2009
  Q: I have a large amount of credit card debt, all on cards issued in the U.S. during my employment on a ...
  A: First, you cannot pay out what you dont have. And debt collectors cannot do anything to you short of ...
filing bankruptcy2/9/2009
  Q: I was laid off from a job and my new job pays about 15,000 less. I have significant debt and I am ...
  A: If you have a lot of equity (over $5k) you may not be able to file Ch7 without liquidating your home ...
Car Repo - Balance Owed by Co-signer2/8/2009
  Q: I have a question concerning a vehicle repo from 2006. My daughter had a car repossessed back in ...
  A: You would probably have to negotiate with the law firm. They are pretty strict on this and once they ...
Motorhome Settlement Hopes2/8/2009
  Q: I bought a motorhome with a loan in the summer of 2007 that is now the bane of my existence. At ...
  A: Sorry for thew delay in responding. I have been inundated with questions which I love answering but ...
Chapter 7 bankruptcy2/7/2009
  Q: I filed a Chapter 7 bankruptcy last week and I have a rental agreement (for a TV)from Aaron's (It's ...
  A: Did you discuss this with your attorney? Most leases and/or rental agreements are terminated in a ...
bankruptcy2/6/2009
  Q: Brotherton, I live in the state of Illinois. I have my primary resident and a home that I am ...
  A: Without more information on your overall income and expenses it is difficult to answer your first ...
BK Question2/6/2009
  Q: My boyfriend and father of kids, has filed for Bankruptcy. We have some items that are in both of ...
  A: Each state allows a debtor to exempt certain property from attachment or seizure in a bankruptcy ...
judgement question2/3/2009
  Q: I have already asked the following once. I haven't seen an answer on my e-mail or on your previous ...
  A: It is possible for a creditor to attach a tax refund once they have a judgment. And the best option ...
credit card2/2/2009
  Q: I have a credit card at Circiut City, who has filed bankruptcy,who do I pay the balance to or do I ...
  A: Continue making payments to the address and payee on your statements or if you do not get statements ...
debt settlement1/31/2009
  Q: I am resubmitting a previous question. The initial response I received requested additonal ...
  A: I am no longer with a law firm and cannot represent you in court, however most collection lawsuits ...
bankruptcy and car repo did not reaffrim1/31/2009
  Q: my husband and i filed bankruptcy in April of 08. my husbands job was down sizing and he was had to ...
  A: No, You do not owe them for the deficiency. You will need to make them aware that you did not ...
put property back in my sister's name??1/30/2009
  Q: the property i live on-my home and cottages i rent out- was left to my sister and myself in a living ...
  A: It is not a strange question. In fact, it is fairly common for someone considering bankruptcy or one ...
stop paying credit cards?1/30/2009
  Q: i am recently divorced. my ex and i racked up $48,000 in credit card debt. he is supposed to pay ...
  A: Although it may take several months to get to the point of any serious action being taken, the ...
debt settlement1/30/2009
  Q: I am resubmitting a previous question. The initial response I received requested additonal ...
  A: Account for the $2000 in your proposal. Whatever your total proposal is deduct the #2k as a good ...
debt settlement1/29/2009
  Q: I am resubmitting a previous question. The initial response I received requested additonal ...
  A: First, the collection agency is just trying to tweak you. It would not be productive to sue you if ...
bankruptcy1/28/2009
  Q: If a company were to file bankruptcy and the debt was liquidated could the companies vendors go ...
  A: Potentially yes, the company's venders could go after your property. If the receivable were sold all ...
divorce and bankruptcy1/27/2009
  Q: I want to file Chapt 7 due to 80k in credit card debt. My husband does not want to file because it ...
  A: You may attempt to file bk 7 without him but you may not qualify under the new rules. If you have ...
Incorrect Charge Off1/26/2009
  Q: In August 2006 I bought a 2006 Nissan Maxima and financed it with Nissan Motor Acceptance Corp. On ...
  A: I recommend you send a certified letter to NMAC demanding they correct the account because of their ...
Credit problem1/19/2009
  Q: I have been going back and forth with collection agencies and Citizens Bank for about a year now ...
  A: File a complaint with the Federal Trade Commission for violation of Fair Debt Collection Practices ...
How to Deal with Creditors1/19/2009
  Q: I have been trying to pay off my debts in the past 4 years and now am down to 2 creditors to deal ...
  A: Of course the best deal would be for an offer for a lump sum settlement if you have the resources ...
Chap 7 v Repo.1/19/2009
  Q: I have a Motor home that I owe $62,000. It realistically is worth about $35,000 for trade or ...
  A: Probably not. A repo is a repo, vountary or not. They have a procedure they must follow by law. They ...
bad info on credit report1/19/2009
  Q: a catalog company,s debt was discharged by bankruptcy in 1987,also dish network never came and fixed ...
  A: You may want to file a complant with the state Utlities Commission to get the bill corrected. Once ...
I need to leave in an emergency should I turn car in for repossession1/17/2009
  Q: I am in the process of leaving my abusive relationship. I cannot sell the car because he will find ...
  A: Your options are somewhat limited. The best option is for you to try to sell the car by running an ...
CREDIT CARD1/16/2009
  Q: A CLOSE FRIEND OF MINE JUST PASSED AWAY. MY QUESTION IS HE HAD CREDIT CARDS IN HIS NAME ONLY AND 2 ...
  A: No and yes. Although she is not responsible for his debt directly they may file a claim against the ...
SSI and credit card collection1/15/2009
  Q: I am on SSI and disabled 62 yr.old. I have credit cards that I am no longer able to pay. With the ...
  A: Although it would be illegal for them to just take money from your account without authorization it ...
credit card auto pmnts1/14/2009
  Q: Brotherton, We have a couple of automatic fees each month on our creditcard, and we would like to ...
  A: You should send a letter to the vender and the cc company advising them to cancel all future ...
Credit and loss of income1/13/2009
  Q: Oh what troubles, I am self employed in the construction industry and as such my business has ...
  A: I understand your distress. I am seeing more and more of this with the economy in a slump. I also ...
payroll taxes1/12/2009
  Q: The Irs is stating I owe the Taxes from my Optical Business in 1988. That's over 20years ago. Can ...
  A: First, I am not a tax expert, however I do know that under normal circumstances there is a 10 year ...
judgement lien on my home1/10/2009
  Q: Today I received a notice of judgment lien on my home. I was sued over a credit card I had in ...
  A: It is not likely they will take your home or force the sale. All a judgment lien is is a public ...
Chap 7 v Repo.1/10/2009
  Q: I have a Motor home that I owe $62,000. It realistically is worth about $35,000 for trade or ...
  A: You may have some other options. I would attempt to run an ad in tthe local paper or shopper and see ...
taxes1/10/2009
  Q: We have two rentals that are going to short sale. We bought them as an investment (stupidly). One ...
  A: Although there may be room to negotiate a reduction in the tax I am afraid the forgiven debt on a ...
Help! Drowning in Debt & Bad Credit1/9/2009
  Q: I have been unemployed and under employed several times in the last 10 years and unemployed now. I ...
  A: I see no need to file bk any time soon unless you just want to get it over with. Your debt is ...
Texas Payday Loans1/8/2009
  Q: My husband had surgery in November, 2008 and I had to take out some payday and finance company ...
  A: First of all, TX is a consumer friendly state with a no garnishment law. This kind of takes the ...
being sued by discover1/7/2009
  Q: I had already ask what could my boyfriend do since he was being sued.MY question now he had talked ...
  A: Your friend has no clue. If you can complete the paperwork for BK and get it filed the suit will be ...
Being Sued need help1/7/2009
  Q: I had a house foreclosed on me 6 months ago. Now the second mortgage is is in collections and I ...
  A: If the house has been sold through the foreclosure action and the creditor is attempting to sue you ...
"'collectors"1/5/2009
  Q: How can I prevent "sleazy" collection agency, (they wouldn't even give me their address on the ...
  A: First, are you sure this is a legitimate collection agency for the state? They must disclose certain ...
Refi Mortgage after bk12/25/2008
  Q: My wife and I recently filed and had a Chapter 7 discharged. In doing the BK we took down everyone, ...
  A: You would probably have to negotiate a settlement on the second or ask them to modify the mortgage ...
collections12/22/2008
  Q: and they dropped our case after a year. we owe about 40,000 in credit cards and before the attn. of ...
  A: Once they file suit the courts will have to make a reasonable attempt to notify you. This can be ...
chargeoff and bankruptcy12/21/2008
  Q: I'm in the process of filing bankruptcy. A bank sent me a chargeoff notice which may happen before ...
  A: It would not make much of a difference. Whether you file before or after a charge off it will still ...
debt consolidation12/19/2008
  Q: my husband was incarcerated in 2005. i had a job but had to find another place to live. my job was ...
  A: First and foremost take a deep breath and relax. I know financial problems can be stressful and I ...
GMAC Lease Negotiation12/18/2008
  Q: I have a GMAC car lease. My wife has lost her job and I cannot afford to make a 750.00 car lease. I ...
  A: Many finance companies have hardship programs that can reduce payments. It is sometimes difficult to ...
Loans12/18/2008
  Q: I have this problem. I'm 27 years old and I have about $10000 credit card debt and also about $10000 ...
  A: You cannot go to jail for a debt such as credit cards. At this point there isn't much creditors may ...
Recieved Summons for Debt Collection Issue12/18/2008
  Q: I received the summons on 12/10 to collect a CC debt for $2900. The date on the summons itself is ...
  A: I would doubt your third party can do anything special but take your money. The fee is not ...
Forclosure after BK12/17/2008
  Q: We filed Ch7 last year and included the first mortgage (actually they asked to be included) but not ...
  A: This depends on which state you are in but in most cases the debt will be considered unsecured and ...
Can I Sue My Ex For Ruining My Credit12/16/2008
  Q: I put a car in my name for my boyfriend, at the time. He was making the monthly payments, but he ...
  A: You may have grounds to sue him for the damage to the car but not necessarily for wrecking your ...
Sued by Discover bank12/16/2008
  Q: My question is what can my boyfriend due,he's being sue by discover bank for non payments.This ...
  A: He should contact the attorney suing him and offer a lump sum settlement as payment in full. He may ...
Surrendering a vehicle12/16/2008
  Q: I bought a 2008 mazda 3 about 6 months ago on the red carpet plan that was supose to refinance my ...
  A: Don't do it! This is bad advice. Never voluntarily surrender a vehicle. You may try to sell it and ...
out of work at 5012/14/2008
  Q: I turn 50 next April and just lost my job. My income in the past decade has been only a fraction of ...
  A: Sorry for the delay in responding. I have been inundated with questions and trying to keep up with ...
Summons12/11/2008
  Q: Ok so I got a summons back in Nov. from Capital One and I paid it in full. My court date is Dec 22 ...
  A: Since you are going to be out of town. Ask for the continuance in writing for the reasons given ...
Foreign debt collection12/11/2008
  Q: Background: I recently returned from a three-year college degree program in France. Due to some ...
  A: My respnse will be limited since I am not expert in international collections law. A debt may be ...
credit cards12/10/2008
  Q: I have a few brief questions: 1)Does upgrading a Credit Card hurt your credit score? 2)How do I ...
  A: No, upgrading a card or increasing your credit line does not hurt your credit. The type of credit ...
Ex co-signed my name on credit card, then filed bankruptcy12/10/2008
  Q: My ex-boyfriend and I lived together for approximately one year a few years ago. Without my ...
  A: The question is whther you can prove he forged your name. Do you have any documentation or ...
Car Repo - Balance Owed by Co-signer12/9/2008
  Q: I have a question concerning a vehicle repo from 2006. My daughter had a car repossessed back in ...
  A: If you have the funds I would offer them a lump sum settlement for 50% or less to make it go away. ...
Car Repossession12/8/2008
  Q: I am on the verge of having to let my car go...With the current economic situation, I am no longer ...
  A: I am afraid they can place a lien on your home once they obtain a judgment. They have to go through ...
bankrupcy question12/8/2008
  Q: My wife and I got into debt. We are currently having Consumer Credit Counseling Service making ...
  A: Although there are no particular rules on when to file bankruptcy I have a rule of thumb to help ...
vehicle dilema for the last 4-5 yrs12/7/2008
  Q: my boyfriend bought me a vehicle after I had trouble with the current car I had around 2001. we ...
  A: I agree that it is ridiculous to have to pay so much for a car that was sosld for next to nothing ...
creditor of bankruptcy12/6/2008
  Q: The court awarded us attorney's fees in the amount of $24,000. We just received notice from their ...
  A: I am curious why you were not notified until now. You should have been given notice and had time to ...
Being Sued?12/5/2008
  Q: I went bankrupt a couple of years ago. Now the lawyers for the bank that held my mortgage want to ...
  A: I would question whether you actually owe the money because of the bankruptcy. You should fight any ...
Collection account with Social Security Agency12/5/2008
  Q: I am writing to you as I do not know where to turn to resolve this matter which has now ...
  A: First thing is to send all comunictions in writing by certified mail. They wont lose this paperwork. ...
loan approval or disapproval!12/5/2008
  Q: This mortgage broker company approved my VA home loan even i didn't have money to close the loan. ...
  A: There isnt much you can do ahead of this to avoid a lien. Let your attorney do his thing and things ...
major financial problems12/4/2008
  Q: We have considered filing chapter 7 many times. These are my questions. We owe about 220,000 on ...
  A: You only have certain exemptions of equity to be considered for bk 7. I believe theexemption for ...
creditor of bankruptcy12/3/2008
  Q: The court awarded us attorney's fees in the amount of $24,000. We just received notice from their ...
  A: You may record the lien in the county where their property is located. You may go to the recorder or ...
RV (home) Repossession12/2/2008
  Q: I hope you had a good Thanksgiving. I have a question, my wife and I moved here to Fort Valley, ...
  A: You are absolutely correct. They would need a replevin to take the motor home. A breech of the peace ...
creditor of bankruptcy12/1/2008
  Q: The court awarded us attorney's fees in the amount of $24,000. We just received notice from their ...
  A: It depends on the type of case you filed but in most cases the bankruptcy will discharge this too. ...
SBA for LLC w/Lein on Personal Home11/30/2008
  Q: We have no difficulties with all of our personal debt and have very secure jobs. We own our home and ...
  A: There are a lot of different scenarios here. First, if your business fails it doesn't necessarily ...
repo and finance company11/30/2008
  Q: Since the economy I may only have a few months until I can no longer pay for my 2006 car. If I sell ...
  A: It is not uncommon for finance companies to accept lump sum settlements on debt. In your case you ...
loan approval or disapproval!11/29/2008
  Q: This mortgage broker company approved my VA home loan even i didn't have money to close the loan. ...
  A: You may file a complaint with the Dept. of Commerce who licenses loan officers and mortgage ...
Going into Chapter 1311/26/2008
  Q: I need to go into it fast (I owe tax money). Once I visit the attorney and pay the required deposit ...
  A: It depends on your attorney, how fast they can prepare the paperwork, but as soon as the bk is filed ...
Repo Advice11/25/2008
  Q: About a 2 years ago we bought a 2001 VW beetle, our interest rate was about 12% kinda high, then ...
  A: You can run an add in the local paper and try to sell the VW or the trck and submit any offers you ...
creditor judgement11/22/2008
  Q: I live in Ohio and I recently was contacted by an agency saying I was going to be sued for a past ...
  A: Your disability is exempt from attachment and your husbands accoun t cannot be touched. If they file ...
use of credit cards after bankruptcy11/21/2008
  Q: I receintly filed and had my bankruptcy for Chp. 7, discharged granted (me) the debtor. I had/have ...
  A: If they were listed on your schedule of debts the accounts were likely closed by the credit grantor ...
Time Share Foreclosure11/21/2008
  Q: would default on a non-deeded (membership w/points) time share be classified as a foreclosure? It's ...
  A: If the time share is not deeded it may not be a true timeshare. Real Estate law is particularly ...
jointly financed car11/20/2008
  Q: In May 2007 my ex husband ( weve been divorced since 1995) agreed to help me get a nice car to dirve ...
  A: You may do that but it would not relieve you of that obligation. Legally he may come back and sue ...
Is my only home with a mortgage protected duriing bankruptcy if it is not my primary residence11/20/2008
  Q: My fiancee and I have a mortgage on a modular home on property in my name in NC, it is the only ...
  A: Although the property may be an issue in a bankruptcy case I believe you may get around that issue ...
Credit Card Collection Laws11/19/2008
  Q: I live in Texas and in July of 2003, my job was outsourced and my position terminated. I was ...
  A: The Statute of Limitations on debt collection in Texas is 4 years.It appears the SOL is expired. You ...
auto repo and difecicey11/19/2008
  Q: I have recieved a letter from a debt collector on an auto deficiency. I don't owe this, I disputed ...
  A: The SOL is from the date of last payment so 1/2009 would be the cutoff. They could sue you unless ...
Paying off credit card with another credit card11/18/2008
  Q: I got in trouble with American Express about 2.5 years ago but reached and agreement with the ...
  A: Actually, if the account was already in collection there is virtually no difference. A settlement is ...
Time Share Foreclosure11/17/2008
  Q: would default on a non-deeded (membership w/points) time share be classified as a foreclosure? It's ...
  A: In most states a time share is a deeded transaction and does require foreclosure much like a fully ...
ESOP11/17/2008
  Q: I have an ESOP Account that I should be receiving in a month. I am unemployed now and on the brink ...
  A: You didn't say how much you have in the ESOP. You may be able to settle your credit card debt for ...
credit card debt and bankruptcy11/15/2008
  Q: i have credit card debt of $14,000 and not able to make my min payments plus my other bills , so i'm ...
  A: First, it may be considered a fraud and it may disqualify you from filing or raise issues that would ...
Bankruptcy & Foreclosure11/13/2008
  Q: I am asking for my mother that went thru a NASTY divorce. The house was left to him, with the ...
  A: If there is a bankruptcy they must wait until there is a release from the automatic stay which is ...
chapter 1311/13/2008
  Q: i have a house in ny name with approx. 60% equity, first and second mortages are in my name also. ...
  A: NO, you will need to look for a new mortgage. A consolidation loan is a loan against the equity in ...
auto repo and difecicey11/12/2008
  Q: I have recieved a letter from a debt collector on an auto deficiency. I don't owe this, I disputed ...
  A: I would say you need to seek local legal counsel and take action against the creditor for causing ...
Paying off credit card with another credit card11/12/2008
  Q: I got in trouble with American Express about 2.5 years ago but reached and agreement with the ...
  A: Probably not unless they agree to a settlement for less than the balance on the account. If you can ...
Bankruptcy question11/12/2008
  Q: I recently consulted a bankruptcy lawyer and she decided we were candidates for Chapter 7. We filed ...
  A: Although it is not likely they would object to discharge it is possible. The only reason I say it is ...
repossession11/11/2008
  Q: I have a vehicle that I own more than the kelly blue book value is worth. I cannot make payments. ...
  A: Your best option is to run an ad in the local paper or advertiser and try to sell the vehicle. If ...
Credit card debts11/10/2008
  Q: I wrote to you a few weeks ago, and you were kind enough to send me a speedy reply, but I have a ...
  A: You are safe from any serious collection activity. Creditors cannot touch your SS or retirement. ...
chapter 1311/10/2008
  Q: i have a house in ny name with approx. 60% equity, first and second mortages are in my name also. ...
  A: I would question whether you would qualify for CH13 without losing your home. You have a lot of ...
voluntary repossession11/9/2008
  Q: Due to pay cuts for both my husband and myself, and the high price of gas, we were unable to make ...
  A: As long as they followed proper procedure for selling the vehicle and notifying you according to ...
Getting served. what do i do next???11/7/2008
  Q: A sheriff came to my house today to serve me papers on a debt owed to Capital One. I did not answer ...
  A: from what you tell me you are virtually untouchable. Even if they get a judgment there isnt much ...
economic decline effecting the housing property markets11/6/2008
  Q: explain how a decline in economic growth effects the housing property market????
  A: Economic decline comes in many shapes and sizes. From low employment to inflation where prices ...
Collection against daugther11/6/2008
  Q: My daughter was 16 when we took her to the doctor on January 2006, her insurance denied the claim. ...
  A: Unless there is a law declaring her an adult at age 16 in your state she cannot be held responsible ...
old car deficiency after bankrupty discharge11/5/2008
  Q: My exhusband and I filed for bankruptcy in 1999. Part of the bankruptcy was a car to Ford Motor ...
  A: It appears they are in violation of federal bankruptcy laws and need to be made aware of this. You ...
reposession of new car11/5/2008
  Q: Being a stubborn short-minded 19 year old i bought a new car which i thought i could afford and now ...
  A: Sorry for the delay in responding. I get a lot of questions and it sometimes take time to respond. ...
forclosure and bankruptcy 2nd mortgage lein11/4/2008
  Q: i have a second mortgage line of credit that the bank wrote off but still have a lein on the ...
  A: This is what we do at FInancial Emergency. We are now a full service law firm and can negotiate with ...
Default and debt11/3/2008
  Q: I have a student loan that recently went into default. They told me that if I don't pay it off by ...
  A: CCCS may be a good place to start. They will complete an assessment of your budget and see if you ...
bankruptcy or other alternatives?11/3/2008
  Q: My question is about declaring bankruptcy or taking another route, so I can save my fully paid-for ...
  A: I'm afraid bankruptcy may not be the answer. If you file bk the courts may order the sale of your ...
Before car is has been repo'd11/2/2008
  Q: Is there any way that I can get help to make the payments that I am behind with out my car being ...
  A: Most finance companies have hardship programs that could temporarily or permanently reduce payments ...
judgements/credit report11/1/2008
  Q: I voluntarily turned in a vechicle in 2006 because I was told by the car dealership it needed a new ...
  A: I am afraid there is not much you can do to avoid the judgment since they have a right to collect ...
Tax lien after bankruptcy10/31/2008
  Q: My husband and I filed bankruptcy back in the 90's. We received a release in 99. We are trying to ...
  A: It is true that they must be paid to obtain the release of lien. A bankruptcy does not discharge ...
SURRENDER OF LIFE INSURANCE POLICY AFTER FILING CHAPTER 1310/31/2008
  Q: After our Chapter 13 plan had been confirmed, we chose to stop the monthly payments and surrender ...
  A: Normally you would have to report any cash recieved over minimal amounts to the trustee. If the ...
Debt issues10/31/2008
  Q: You might have to talk to me like I'm a 5 year old because I'm not really familiar with this ...
  A: Sorry for the delay. I have been inundated with questions lately and trying to play catch up. I ...
Creditors and Bankruptcy10/30/2008
  Q: I am currently experiencing a financial collapse. I have been in default for two years for a huge ...
  A: They can obtain judgment at some point without serving you. Public notice in the paper can be ...
forclosure and bankruptcy 2nd mortgage lein10/30/2008
  Q: i have a second mortgage line of credit that the bank wrote off but still have a lein on the ...
  A: The first mortgage company will not refinance or even modify a loan where a second mortgage exists ...
creditor levied checking account 3 years after debt disharged10/30/2008
  Q: In 2005 we filed chapter 7 and included our Wells Fargo credit card. When we filed there was a ...
  A: How did they levy the checking account? Was it through a garnishment or a direct debit? You need to ...
Desperately need advice10/28/2008
  Q: I am 50 years old with 35,000 in cc debt. My only income is SSDI of about 1200 a month and I am ...
  A: When in a situation like this your options are limited. From a realistic perspective you need to ...
Specific laws regarding Prevailing State for SOL ?10/28/2008
  Q: I have a charged off credit card debt from State of WA - last payment Nov., 2004. The SOL I believe ...
  A: This is the statute in your state for written accounts. If the information is insufficient go to ...
bankruptcy creditor10/28/2008
  Q: I hold a real estate contract that the debtor has filed chapter 13 bankruptcy. I owned the home that ...
  A: I would say you should be able to overcome the fraudulant misrepresentation but will need to retain ...
Foreclosure10/27/2008
  Q: I live in Oklahoma. I have my home loan thru USDA Rural Development. They have recently raised my ...
  A: Most government guaranteed loan programs for purchase do not collect deficiencies on a foreclosure. ...
What can I keep in Bankruptcy10/27/2008
  Q: I was wondering if we can keep our timeshare? We recently got the timeshare and everything was ...
  A: If you do not have a lot of equity you may be able to keep the time share if you file a Chapter 13. ...
Collection Agency Discussing Debt with Unapproved Person10/25/2008
  Q: On Monday (October 20, 2008), my parents were contacted via telephone regarding a debt that had been ...
  A: The agency violated Fair Debt Collection Practices Act by discussing the account and private ...
Bankruptcy and checking accounts10/25/2008
  Q: We are in the process of filing bankruptcy Chapter 7 - Texas - 1. can the bank take our money from ...
  A: Once a creditor receives notice of a bankruptcy procedings they cannot legally take money or debit ...
wage garnishment10/23/2008
  Q: I live in Florida have 3 teenagers, one in fist year of college. Im single and make $36000 a year. ...
  A: You may file an objection to their request for reinstatement. More than likely they will hold a ...
bankruptcy and lawsuit10/23/2008
  Q: I was served this week with a summons. I have 20 days to respond to a lawsuit filed by law firm for ...
  A: If you wish to delay the suit you may request an extension of 30-60 days in which to seek counsel or ...
bankruptcy fraud and post creditor10/23/2008
  Q: In the discovery process of our "breach of contract" claim, we discovered that the defendant filed ...
  A: Other creditors will not necessarily take priority over your claim but you would possibly be opening ...
bankruptcy fraud and post creditor10/22/2008
  Q: In the discovery process of our "breach of contract" claim, we discovered that the defendant filed ...
  A: I would need more information concerning the fraud. Were you defrauded and did they file bk against ...
Credit Card Debt10/21/2008
  Q: I am a 74 year old retired person. I anticipate a problem with a credit card debt with Bank of ...
  A: My suggestion is do the best you can with what you have. You are virtually untouchable. You may be ...
Creditors and Bankruptcy10/21/2008
  Q: I am currently experiencing a financial collapse. I have been in default for two years for a huge ...
  A: Of course it is your choice how you deal with this but there will be a public record anyway. Whether ...
Creditors and Bankruptcy10/21/2008
  Q: I am currently experiencing a financial collapse. I have been in default for two years for a huge ...
  A: You are still taking the risk that you will not be successful in getting the judgment overturned. ...
secure loan10/20/2008
  Q: My dad pulled out a secured loan using his car as collateral. He passed away recently the credit ...
  A: If the loan is paid off you should have a free and clear title and cancelled loan documents. If it ...
new marriage with old bad debts10/16/2008
  Q: Greetings: I just recently married a man that has very poor credit and several outstanding debts. He ...
  A: The cease and desist letters will only stop the phone calls. It wont stop any of the serious ...
Creditors and Bankruptcy10/16/2008
  Q: I am currently experiencing a financial collapse. I have been in default for two years for a huge ...
  A: It sounds like you are doing the right things. Staying in touch, giving limited information, and ...
Collection Fees10/16/2008
  Q: Approximately 6 months ago I went through a toll road in Austin, Tx. I did not have any spare ...
  A: To be honest this is the first time I have dealt with toll fees. Normally any type of collection ...
Between a rock and a hard place!10/16/2008
  Q: here is my situation: I am 28 years old and had a Chapter 7 discharged in 12/05. I was in the ...
  A: How long did you work for the mortgage company? My background is in mortgage lending and ...
Bankruptcy?10/13/2008
  Q: I am in need of some advice on bankruptcy. Last month I had to have surgery which ended up costing ...
  A: One thing about debt collectors, they cannot collect what you do not have. If you are unemployed ...
please advise me10/12/2008
  Q: my question is i have over 10 past due credit cards account which total over 35,000 that have been ...
  A: You can relax for starters. If you have no income from wages and no assets the creditors cannot ...
Garnishment of credit union SS deposits10/11/2008
  Q: Can a credit card company freeze my SS deposits in my credit union in the event of credit card ...
  A: They cannot legally seize the account but if they are not aware that the funds in the account are ...
Discharge of debt under10/7/2008
  Q: I recently received a letter that my former landlord is filing Chapter 7 Bankruptcy. In mid-July, a ...
  A: If you are referring to this particular instance I do not believe it applies. I believe it refers to ...
cc debt10/4/2008
  Q: i have 4 cc's maxed out, some at set interest but 1 with largest balance $35k at 0% for a few more ...
  A: One option you may have is to contact them and ask for the hardship or credit counseling dept. and ...
Discharge of debt under "debts for willful and malicious injuries to person or property"10/3/2008
  Q: I recently received a letter that my former landlord is filing Chapter 7 Bankruptcy. In mid-July, a ...
  A: You may object to the discharge of the debt but it is up to the bankruptcy courts to decide. If you ...
Credit Protection in Legal Separation10/2/2008
  Q: I am currently seeking a Legal separation due to husband of 31 years bad financial situation. Will ...
  A: A legal separation may protect you from future debts but will not protect you from any existing debt ...
24K in cc debt how do I manage this?10/2/2008
  Q: I am very anxious to see how I can take a hold on this. I have 24K in cc debt accumulated through ...
  A: You might look into a debt management program through a non profit debt counseling agency. Most ...
Chapter 7 and keeping our home?10/2/2008
  Q: We are considering filing a Chapter 7, but still keeping the home. Our lenders are currently trying ...
  A: I would wait to file until after they modify the loan. Make sure it is a true modification though. ...
bankrupcy10/2/2008
  Q: I wrote before, but I forgot to put some information. I'll start over. We bought 3 properties when ...
  A: I know what you are saying. I hear it all the time. I know how the lenders are but sometimes it ...
bankruptcy10/1/2008
  Q: i have about $84000 in credit card debt in my name only, i am current and trying to stay that way, ...
  A: I do not believe you would qualify for a chapter 7 bankruptcy because of the amount of equity you ...
One spouse filing bankruptcy10/1/2008
  Q: We are both 50ish, married 2 years. I had wrecked my credit by late payments but no bankruptcy. ...
  A: This depends on whether she includes any of your debts in the plan. If she includes joint marital ...
foreclosure and bankruptcy9/30/2008
  Q: we got into real estate at the wrong time, now have 3 rental houses that we can't sell other than to ...
  A: Whoever told you they could not fix your rate is not being truthful or has no clue what they are ...
credit fraud9/29/2008
  Q: My husband and I have been married for 8 years but recently seperated. For years I have used a ...
  A: It is not likely they would pursue prosecution. You were an authorized user and until he notifies ...
old bad debt9/27/2008
  Q: I have two old credit card debts that I have had no contact with since 1995. These debts fell off my ...
  A: I need to know what state you are in. Each state has a statute of limitations for collecting debt. ...
Bankruptcy9/26/2008
  Q: My husband leased a truck with an ex-fiance in 2001 and when they split he took the truck willing to ...
  A: I would think that the mail would have been forwarded if he put in a change of address. It may be an ...
Foreclosure vs. Bankruptcy9/26/2008
  Q: I am upside down on my house which i do not live in since I'm in the military. I do not wish to ...
  A: God bless you for your service. It will not go unrewarded. One of the best options would be to list ...
foreclosure and bankruptcy9/25/2008
  Q: we got into real estate at the wrong time, now have 3 rental houses that we can't sell other than to ...
  A: If you have equity in your home you may not be able to file bk 7. The house that goes through ...
Bankruptcy9/22/2008
  Q: My husband leased a truck with an ex-fiance in 2001 and when they split he took the truck willing to ...
  A: BY law they are supposed to give written notice to all signers of the date of sale or auction and ...
bankrupcie9/20/2008
  Q: If ur car was repo and u file bankrupcie chapter 13 will u get it back
  A: It depends on how long it has been since they repossessed the vehicle but I would say probably so if ...
just got a summns for credit card9/19/2008
  Q: im currently unemployed and have been since the beginning of march 08'... I just got a summons for a ...
  A: If you have no income or assets the worst that can happen at this time is for the creditor to obtain ...
charge-offs9/19/2008
  Q: I have 4 charge-offs on my credit report. One creditor sued me, we settled and the complaint was ...
  A: Although there is no way to accurately predict whether a creditor will sue you it is most likely ...
OUT OF OPTION9/19/2008
  Q: I have been disputed my credit report since 4/2008 and feel I am getting no where with Experian and ...
  A: In order to give any advice in this matter I would need more information concerning the type of ...
Summoned and making first payment at the same time9/18/2008
  Q: I received a letter a few weeks ago stating that if I didnt make any arrangements this debt would go ...
  A: Yes, Make sure youtake the program paperwork to court with you. As far as the dmp counselor goes, ...
Summoned and making first payment at the same time9/17/2008
  Q: I received a letter a few weeks ago stating that if I didnt make any arrangements this debt would go ...
  A: There may be a problem with your debt management program including this account in the debt ...
debt & statue of limitations9/15/2008
  Q: i had a couple credit card chargeoffs in 2001 i am a oklahoma resident @ tht time i was a student, i ...
  A: If you never responded to a summons they probably got a default judgment against you. This account ...
Chpter7/foreclosure9/13/2008
  Q: Ok, kinda long sorry. My husband bought a house with his GIRLFRIEND like in 2003 or 2004 anyways ...
  A: The question would be whether he can qualify for a chapter 7 bankruptcy or a chapter 13. If he can ...
being sued by credit card company9/11/2008
  Q: I received a summons from the sheriff on 05/08/2008. Responded with intend to defend on 05/31/2008, ...
  A: You seem to be relatively safe from collection so even if they get a judgment they cannot get ...
being sued by credit card company9/11/2008
  Q: I received a summons from the sheriff on 05/08/2008. Responded with intend to defend on 05/31/2008, ...
  A: Make your request through the courts and defend yourself against their action. You may also ask for ...
Student Loan Defaulted9/6/2008
  Q: I have a student loan that has been in default since 2000. I am currently unemployed and have been ...
  A: I d not believe legal aide can help but you might try contacting them. If you can gather ...
voluntary repo or bankruptcy?9/4/2008
  Q: I am trapped in a huge financial whole due to an ex-boyfriend using my financial information ...
  A: That changes things a bit. You may still need help straightening out the fraud accounts though. ...
Debt in a foreign contry when living in USA9/4/2008
  Q: I just receive a letter from an us debt collector about a debt I have in France. We are here since 6 ...
  A: It is possible they could file suit against you here and yes it may affect your credit score. I ...
BANKRUPTCY OR FORECLOSURE9/4/2008
  Q: I am filing a chapter 7, but I have a couple of accounts held jointly with my wife, i.e. 2 ...
  A: Sorry to say that if you include the timeshares they will probably attempt to foreclose or collect ...
bankruptcy9/1/2008
  Q: the house and 2 cars were not to be included as we will continue to pay on these. well I pulled up ...
  A: You may write a letter to the credit bureaus disputing this information. If the car and home were ...
voluntary repo or bankruptcy?9/1/2008
  Q: I am trapped in a huge financial whole due to an ex-boyfriend using my financial information ...
  A: I would need more information concerning the fraud. You may be able to get out of it if it is truly ...
Bankruptcy ,only option8/31/2008
  Q: I will try to be short. I own two houses , one our primary and one that I have rented. I am doing OK ...
  A: although bankruptcy is an option the only way to really make that determination is to put your ...
debt relief8/30/2008
  Q: My uncle died 2 years ago and my 76 year old aunt is struggling to make the $900 loan and insurance ...
  A: You may be able to settle the debt for whatever you can sell the RV for. Lenders will consider this, ...
bk8/30/2008
  Q: i have a question for my aunt that dosnt have acess. she wants to know about bankruptsy -if she can ...
  A: I do not believe she would qualify for Chapter 7 straight bankruptcy with the amount of equity she ...
turning in vehicle and bankruptcy8/29/2008
  Q: We (my wife and I) are planning on claiming bankruptcy in a few months because we have several ...
  A: If you purchase a car then file bk you may not be able to keep the car unless you wait six months or ...

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