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Recent Unsecure Debt questions

I have a question about home equity that i owe. and i have

i have a question about home equity that i owe. and i have recently been discharged from a chapter 13 bankruptcyJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Mobile, Al. 36608JA: Have you talked to a lawyer yet?Customer: only the lawyer from the bankruptcy. they told me that the home eqity could not be included .JA: Anything else you think the lawyer should know?Customer: i am not trying to get out of paying it. i just want to know my rights and i would like them to drop the out rageous interest rates

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Maverick

Doctoral Degree

6,798 satisfied customers
My husband and I are retiring with a huge amount of debt. I

My husband and I are retiring with a huge amount of debt. I was working on preparing a bankruptcy. House appraisal done all bills almost in order, passed means test for chap. 7, etc.Just read article about the fact seniors can't have retirement taken for debt. The majority of our debt is consumer and medical.Should we just talk to the people we owe money to and see what they might do or continue with bankruptcy. Which would be better for our credit in the long run and can they lein our house.Thanks muchMarilynn Morton

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Nishan Parlakian

Principal Attorney

122 satisfied customers
I am confused. Can a person be served for credit card debt

I am confused. Can a person be served for credit card debt by a TX Supreme court state process server ? My daughter got such papers and some info I have read says credit card debt is not criminal and cant be served by these people and debt collectors do this as a scam. Other info indicates they can. Can you clarify? Thank you. MarthaJA: Because consumer protection law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: She does have 4000 dollars in credit card unsecured debt but is currently unemployed but should be receiving her license as a speech pathologist in next 3-4 weeks and has job waiting.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,202 satisfied customers
I filed 11 as an individual. I had one impaired creditor, a

I filed for Chapter 11 as an individual. I had one impaired creditor, a loan servicer who improperly denied me a loan mod on a rental house and was about to auction off the property. (By improper, I mean they did the math wrong and failed to reply to my qualified written requests pointing it out, and failed to notify me in a timely manner, among other things.)At the time I filed, I owed American express $1800. I wasn't in arrears or anything. I found that I was not allowed to pay it. They filed a proof of claim for just $900. I wrote to my lawyer and said I didn't want the discount. I wanted to pay what I owed. (For what it's worth.)My plan is now a millimeter from confirmation. Only one creditor has objected...AMEX. They don't want 4.5% of $900. They want 8.5%.The difference to AMEX is $36. The difference to me is over $20,000, because that 8.5% would apply to the amounts I currently owe all unsecured creditors. We bifurcated the problem loan into secured and unsecured, so there's a big unsecured debt at this point.My lawyer is encouraging me to go along with it, but the plan budget is already stretched so tight I am not sure how I can stick to it. I am a landlord and there is nothing in the budget for major repairs nor any allowance for vacancies. There is no cash that accumulates month to month. If I were to pay 8.5% rather than 4.5%, which we would have to carve $200 out of maintenance budgets for my properties. Some would go to zero. Healthcare is already $0/month. Clothing and entertainment are $0/month. "Personal care" is $50/month, and all of these are for five years.The judge even-handed or even pro-debtor so far. Can my lawyers bring this to his attention and if so, can he do anything?

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Gerald, Esq

Juris Doctor

5,302 satisfied customers
Bankruptcy - The debtor filed Chapter 7 bankruptcy, and

Bankruptcy - The debtor filed Chapter 7 bankruptcy, and listed their student loans, IRS tax lien, and State unemployment benefits along with their secured and unsecured debts."How does the Debtor know which debts were actually discharged?"

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KJL LAW

Juris Doctorate

1,180 satisfied customers
I would like to ask something about credit card lawsuits. I

I would like to ask something about credit card lawsuits. I am being sued for this matter. Six months ago, I requested and applied for consolidation of my credit cards. I have six credit cards that I applied for consolidation. However, one credit card company denies being part of the program and do not wish to be in this program. I was also experiencing hardship and unemployed so; five of my credit cards accepted the consolidation program except for Discover Card. I talk to the credit counseling representative and ask them the reason why they cannot accept it and they said they do not want to accept it. I was surprised then because all five credit card of mine accepted it, Chase, Home Depot, Walmart, Citi, and American Express. I talk to Discover and ask them myself about denying the credit counseling and they said I can pay less if I go directly to them without the credit counseling involvement. However, the monthly payment they were asking is more or even twice than what I can afford paying with all of my five credit cards combines through a credit counseling program. So, instead, I did not pay attention to them and bothered to send my payment unless they can accept my payment through the credit counseling program I enrolled. After three months, they demand instead that I pay the balance I owe in full through a debt collector agency. I was not expecting them to be demanding because I had credit consolidation 10 years ago and it works until I fully paid all of my credit card debts. Now, because of my hardship situation, I began to have delayed payments until I was not able to catch-up. After six months (this month I received a summon yesterday, June 2 about a lawsuit from Discover) and demanded that I pay in full. So, I went to our Regional Court Justice to answer the summon and wrote a complaint because I tried to settle with them through a credit counseling before, and they denied it and now demanding the full amount in a lawsuit instead. The court granted me the in forma pauperis so, I send it back to the person or law office suing me. My question now is, do I talk to the law firm suing me to settle the debt or make arrangements with them and accept the terms they will be giving me in resolving my debt with Discover card? Will this case becomes worst if I appeal and go through my complaints with how they treating me in paying them in full instead of giving me consideration on paying them monthly on terms or amount I can afford through credit counseling? Discover Card did not work with me when I was willing to pay them through a credit counseling program and they did not give me a reason why they will not accept the credit counseling program like the rest of my credit card debts. Now, they are saying I was in default with my payments with them through the summon I receive just the other day (I receive the letter from a credit debt collector of Discover Card stating a demand for full payment last February of 2016) I never thought it will go into this lawsuit situation because I had credit cards 10 years ago that took me several months without payment before I enroll it through credit counseling program and I was able to resolve and pay all of them without having to deal with one credit card company who do not want to consider a credit counseling program and sue me . And I consolidated my credit cards since November of 2015. Now it is June 2016 and never heard from Discover Card until this lawsuit 2 days ago and telling me I default my debt with them. They should accepted the credit counseling program then because that is all I can afford to pay monthly like all of my credit cards who are willing to work with me because I am still struggling in making payments with all of my debts currently, and I cannot afford the payment terms Discover Card want me to settle with them which will cost me twice the amount I can afford to pay in monthly basis compared to the amount I am paying my other five credit cards combined in credit counseling program right now. Thanks Francis Catoera

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
I'm not sure what I can do. My mom will be 80 and is a victim of financial elder abus

I'm not sure what I can do. My mom will be 80 and is a victim of financial elder abuse. Sure is a victimized by her own self and the predatory sharks. She asked me to help but she is hiding everything and sneaky.She has about 12 credit cards in her name and maiden name. She has defaulted on some of these and only makes min. payments or less on others.Shes made payments to an entity over seas, she just refinanced her house and was able to get $10,000 cash out. The cost of the refinance was more than this.My dad passed away in Fe. The retirement was cut more than 1/2. She had these financial commitments without his knowing. Complications increase because I have 4 siblings, all emotional. I'm the stable on.

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Roger

Litigation Attorney

Doctoral Degree

33,582 satisfied customers
We were denied a loan modification by Carrington Mortgage several

We were denied a loan modification by Carrington Mortgage several times. They wouldn't accept any monthly payments. I do have the funds in a savings account. They now have our home in foreclosure but a date hasn't been set. This all happen due to my husband losing his job but he has another one now. We were desperate and began to receive help from a Rod Kratchner, American Home Loan Counselors and Preferred Law in Sandy Utah. A red flag went up when we were told to 780 for five months of the loan modification process. We sent the paper work but it just didn't set well with us. I stopped the payments through my bankJA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: noJA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else the Lawyer should be aware of?Customer: I did tell you a good piece of our situation. We don't have a lot of time Carrington Mortgage services is trying hard to take our home due to them being a debt collection company. Selling our house will give them more money then giving us a loan modification approval. We do have funds due to Carrington not accepting our monthly payments. Its the arrears we are struggling to keep up with. We are 8 months behind which is about 11,000 plus. and we have 7, 743 in the bankJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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Phillips Esq.

Attorney

Juris Doctor

18,342 satisfied customers
My ex-husband refused to file taxes on time during the course

My ex-husband refused to file taxes on time during the course of a 30 year marriage. We filed late because if his inability/refusal to pull his self-employment records together. The fines, interest, and penalties has cost me tens of thousands of dollars not to mention incredible emotional pain and duress as it was always ME, not him, facing off with the IRS and trying to rid myself of the eternal nightmare this caused.I also uncovered a lot money paid to him, deposited into his bank account, and never reported to the IRS in 1999 and 2000 - in the area of $80K.Divorce law has turned a blind eye to the financial devastation he has caused me. I now want to determine if I can pursue personal injury litigation to recover the financial damages his willful and wanton neglect has caused me.

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legalgems

Juris Doctorate

13,838 satisfied customers
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