• Content Count

  • Joined

  • Last visited

Community Reputation

10 Good

About debttaxguy

  • Rank


  • Occupation
    Bankruptcy Attorney

Profile Fields

  • Location
  1. Not in KY so this is kind of generic advice. KY may be different. You may want to consult a local consumer attorney. You were correct to file a timely answer. The question is what Court are you in and do they allow discovery. If so hit them with a request to produce records. You have your evidence to present on the identity theft at trial. You want to show you reported the theft, affidavits you produced on the theft, Letters from the card issurer acknowledging your reporting of same. You are dealing with a third party debt buyer. They usually cannot produce evidence of how they were sold or as
  2. Don't let these guys bully you. Unless the account is in both your names, they cannot hold you liable. STOP making offers to make payments to them. Don't agree to make payments to them, if you pay it keeps resetting the Statute of Limitations. If you are an authorized signer on the card, it is almost impossible to hold you liable. I have tried this issue before and unless you can prove the authorized signer signed their application and they can prove that the authorized signer ran up the charges, it is impossible to hold the authorized signer to the debt. Because of course they can't produce e
  3. If you want to really impress your guests you want to go with a Puligny Montrachet. Incredible white burgundies. They usually run $35.00 to $50.00 in the wine store. The cheapest is probably Louis Latour. The only thing close to it in America is Chateau Montelena Chardonnay at $40 to $45 a bottle.
  4. Here is how it works. Chapter 7 can't file another chapter 7, 8 years from the filing date of the first one. You can file a chapter 13 after a chapter 7 up until 4 years, but there is no discharge of the debt. It is just a repayment plan. 4 years from the filing date of a chapter 7 you can file a new chapter 13 and discharge debt. You can file a chapter 7 if you previously completed a chapter 13 case where you paid the creditors at least 70 percent of what they were owed without waiting out the eight years.
  5. Take it from someone who deals a lot with Zwicker, look at the following. Usually in their complaints they don't attach anything as evidence. In most states there is probably a civil practice rule that states you must attach a copy of the contract or bill to the complaint as evidence of the breach of contract. Most of your defenses you listed don't mean much. Zwicker is a debt collection agency with a few attorneys working in offices around the country. They have a set software program that cranks out the same pleadings time after time. Typically, they don't send you a letter first with the re
  6. Mann Bracken the national debt collector lawfirm has shut down on 12/22/09. They have layed off their staff and are telling people to call the credit card company and not them. Wow Mann Bracken is the front for a company called Axiant that had filed a chapter 11 bankruptcy and has now converted to a chapter 7 bankruptcy. Axiant furnished the staffing for Mann Bracken. Look if you have been sued by them in a debt collection law suit. Odds are no one will show up for the hearing.
  7. There is always two sides to the story. The look back period on filing a new bankruptcy starts from the date you filed the previous case that you were discharged in. Dismissals don't count. To file a new chapter 7 it is now eight years, unless the previous case was a chapter 13 and you paid the creditors at least 70 percent of what they were owed. You can't file a new chapter 13 that will get you a discharge of your debts within 4 years of filing chapter 7, 11, or 12. You can file a new chapter 13 if you filed a prior chapter 13 and completed it within 2 years of the first case being filed whi
  8. Co-debtor stay only applies if it is consumer debt. If it was a business loan on the truck you guaranteed, you will probably have to pay. If it is consmer debt then it is a violation of the automatic stay in bankruptcy. Banks are getting more aggresive on trying to go around this mainly the card companies.
  9. That is very reasonable for expenses. On 1099 income make sure you include almost 13 percent for social security plus your applicable tax rate. I would guess you are already under on median income not knowing your state. As a sidenote, US Trustee just came out 11/1 with revised median household income figures.
  10. Unless you have a lot of problems from previous banks before filing you should be okay. Bingo made a good point on chexsystems. I list them for notice as a creditor so they get notice of the discharge. I really have not heard of people having problems after a BK getting a checking account unless they had a lot of overdrawn accounts prior. Make sure you make your house payment, car payment, any new debt payments on time after discharge. This will help to rebuild your credit.
  11. You really should talk to a bankruptcy lawyer and not file this yourself. In terms of means test household size, most judges use the heads in beds test for the household size. US Trustee looks at who is on the tax return when it comes to dependents in household size. I think you may have some preferential insider payment problems that an attorney needs to look at. It looks like you transferred all the assets to him and you kept the debt. Even in divorce you can't just stack the deck with asset transfers to avoid the trustee from recovering assets. When preferential transfers are made to a spou
  12. Talk to a bankruptcy attorney before you file yourself. If the only thing the creditor can get to is a percentage of your salary ( it depends to if they even know where you work) and you don't have any assets you may be judgment proof. Likewise if you are retired and you are sitting with a house with a lot of equity in it, you could be in trouble either way you go. You could try to work out a payment plan with the dentist. They are only going to get depending on the state a percentage of your net pay. Just keep in mind that once he has that judgment he can attach it to the house, garnish wage
  13. They can't do this under the automatic stay in bankruptcy. You need to talk with your attorney and let him know. If they have instituted action against you, they can be held to stiff fines by the bankruptcy court. This happens to me all the time where some creditor tries to start a fight claiming they were not notified of the bankruptcy case. If they don't back off, I go after them for a violation of the automatic stay. Make sure this was not just empty threat you got on the answering machine. The collection people are out of control. They will violate every Federal law possible to collect a d
  14. This is what is going on with mortgages since the first of the year. I request a reaffirmation agreement from the first mortgage and they will not send it. They know that they have a secured interest in the property with their recorded mortgage and they will not pursue a reaffirmation agreement with the client in bankruptcy. They figure either they pay or not and we will foreclose on them. I think they don't want to be bound by the agreement because in most cases they are just a servicing agent. They have no idea who actually owns the mortgage at this point. There have been some recent cases w
  15. You can keep it simple. Keep in mind in a chapter 7 case, a trustee is only looking for assets that I can't exempt to sell off. He sells them takes a cut and gives the rest to the creditors. You list major items of furniture and appliances, collections, tools, jewelry. Each state has different exemptions on what you can exempt of your assets. You want to list your property at FMV which I tell clients is the value a used furniture dealer would come in and buy the property for, or what a neighbor may pay you for it.