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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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hi i am 53 old male , i was diagnosed with colon cancer about

Customer Question

hi
i am 53 old male , i was diagnosed with colon cancer about a year a go and was reqired to have a few surgery i already done one and required to have a second one soon , i dont have a health insurance and have not paid for the first surgery yet . i own a semi truck so i posted it on ebay so i could use the money to do the second required surgery in mexico beacaus i can't do it in the us now beacaus i dont have insurance . the truck was sold to a buyer which did't pay for the truck and i was approched by a second guy that want to buy the truck outside ebay for $17,000.00 which i agreed and he send me the money already by a cashier check a week ago and we agreed once the money cleared we will make arrangement to transport the truck to him per his instruction . and i already used the money to pay for my surgery in mexico . unfortuanetly the truck was involved in an accident in tx with another driver that did't have any insurance or license to drive and the damage is so sever that it look like its a total loss and i only had a liability coverage on it only and this truck is operated by a driver that i hired beacaus i can't drive it my self beacaus of my illinesse . so now i don't know what to do with the guy that i sold it too . so i like to find out the followings ;
1-what is my options on this situations .
2- is this considered a civil case or criminal case .
3-can i file chapter 13 bankruptcy case to protect me and if i am eligible for it under this situation conciedering that i filed chapter 7 about 5-6 years ago and it was discharged .
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 2 years ago.

cortrightlaw : Sorry to hear about your situation, you clearly owe the person the money back and will have to find out a way to do so. Chapter 13 bankruptcy would allow you to spread the payments out over a 5 year period. But in order to qualify you would have to be able to demonstrate that you can pay your expenses plus the chapter 13 payment to cover the debt. As to what type of case could be brought against you it would be a civil case for the money you owe him. It would only be criminal if you intentionally took the money with no intent to transfer the truck.
Customer:

how soon can i file chapter 13 and can i include him in it ???

cortrightlaw : You can file it immediately as long as your repayment plan pays 100% of your debt back. And you can include him.
Customer:

can he take legal or criminal action against me after i file and include him in the 13

cortrightlaw : He would have to convince the authorities that you intentionally defrauded him in order for them to bring a criminal case against you. And the filing of the bankruptcy would stop any civil actions against you.
Customer:

if he desided to file criminal would he do it in my home town or his


 

cortrightlaw : That is up to him
Customer:

now or should i wait to see what is he going to do next

cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
cortrightlaw and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.

final question , so you advise me to file the 13 now or should i wait to see what action he will take ? .


thanks

Customer: replied 2 years ago.

also what is the quickest way to file 13 .


thanks

Expert:  cortrightlaw replied 2 years ago.
That is up to you but if you are going to wait you should be communicating with him your intentions to pay him back. A lawyer is the best way to do a 13 because they are more complicated then a 7.

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