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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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we have a company abc supply saying that we owe them 32,000

Customer Question

we have a company abc supply saying that we owe them 32,000 a man who owned a different company charged the account up and they want me to pay it in full I am now disabled on ssi making 678 a month and I need to know if they can file criminal charges on me if I file bankruptcy my wife and i are thinking about filing bankruptcy if the debt is not discharged what can they do I have nothing except a truck worth 1500.00 I am 61 years old and hanging on a thread I do not want to go through criminal charges also do you do bankruptcy in wv am I responsible for something he signed for
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 1 year ago.

Customer:

Hi - my name is XXXXX XXXXX X'X a Bankruptcy attorney here to assist you.

Customer:

You cannot be charged criminally for something you did not do.

Customer:

Additionally, you cannot be held liable for charges made to your account if the charges were made without your approval or knowledge.

Customer:

If the man who made charges to your account did so without your permission, the company may be able to file criminal charges against this man - but not against you.

Customer:

Additionally, if your only source of income is SSDI, and if you do not own anything of value - except your truck - then there is no need for you to file a Bankruptcy.

Customer:

This is because there is nothing your creditors can do to you because they cannot garnish your SSDI and they cannot take a truck worth only $1,500.

Customer:

I think this is what you wanted to know. If not, please let me know.

Customer:

Thank you.

Customer :

what can happen to me if i file bankruptcy and the abc bill is not discharged what can they do to me can they go after the customers that I did jobs for and what can the customers do do you handle bankruptcy in wv and my wife has about 60,000 in debit and will be filing and I dont want anything coming back on me and my wife

Customer:
Customer:

A supply company that extends credit to its contractor customers can place liens on the property of the contractor's customers that the materials were used for.

Customer:

These are called "mechanics liens".


 

Customer:

This supply company cannot place mechanics liens on your customers' property, because the charges were not made by you.

Customer:

This means the materials that were purchased were not used for your customers' properties.


 

Customer:
Customer:

Since this is not your debt, you cannot include it in a Bankruptcy.


 

Customer:

In other words, since it is not your debt, you cannot have it discharged in a Bankruptcy.


 

Customer :

I am going back and forth with abc they are saying because it was put on coles roofing account I am responsilble for it it is such a crazy situation where are you located the material has been put on my account coles roofing and the man who owns jal roofing is the one who put it on my account if I get judgements against me what happens them

Customer:
Expert:  cfortunato replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  cfortunato replied 1 year ago.
I don't see how the company can get a judgment against you for charges you did not make - so I am opting out of this question, so that someone else can help you further.
Customer: replied 1 year ago.
how long does it take to file bankruptcy and how is its completion
Expert:  cfortunato replied 1 year ago.
It takes 2 weeks to file a Bankruptcy, and a Bankruptcy lasts for 4 - 6 months after it is filed.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
if My daughter has a trust in her name and I am the executor and I have and I am on the checking account can they take the trust in bankruptcy
Expert:  cfortunato replied 1 year ago.

1) Where did the funds in the trust come from?

2) If the funds came from you, how long ago were the funds put into the account?

3) If the funds came from you, were you solvent when the funds were put into the account? ("Solvent" means your total assets were greater than your total debts.)

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