If a creditor waits too long to sue, the creditor can be barred from ever bringing suit. The purpose of having a statute of limitations is so that lawsuits are brought when the matter is still fresh: before documents are destroyed and memories fade. If they can no longer bring…
Many of our recent bankruptcy clients report large amounts of business debt. This may be small business loans, credit cards run up to support a small business, or personal guarantees. Often the business is gone at this point and we are looking to file an individual bankruptcy. Filing a bankruptcy…
One common myth is that the prior property owner will receive the surplus of any bid over the unpaid taxes. It’s possible, but not that likely. The order of priorities for any surplus is: Government agencies with liens on the property; Mortgage holders and other lien holders in order of…
Do I need to have possession to quiet title to property? No, in fact there is a process whereby we can file a Complaint for Unlawful Detainer along with the Quiet Title Action following a foreclosure sale or tax deed sale for instance. You do not need a separate eviction…
Do you realize that if you are constantly robbing Peter to pay Paul and cannot ever get ahead, you could be debt free by the holidays if you qualify for a Chapter 7. Many clients who come to see us have been struggling with debt for a long long time.…
Left to Right: Angie, Mary, Tracy, Christie, Barbara and Kat Happy Kat!
Are you a slave to your private student loans? We have client after client coming to see us with huge private student loans that are not going away, despite years of throwing money at them. In fact, in most cases, the balances are larger, sometimes double what they used to…
This can be a sticky wicket. I’ve never actually used that word in a sentence. 🙂 Normally you can buy a car before filing bankruptcy. In fact, in some cases it can be a good idea (note: as a bankruptcy attorney I am not supposed to tell our clients to…
Have you just learned you’re being sued by one of these companies? National Collegiate Student Loan Trust CACH LLC Midland Credit Management Portfolio Recovery Associates Sherman Acquisition West Asset Management NCO Portfolio Transworld Cavalry Portfolio These companies have probably purchased debt that you may or may not owe. There are…
One of the common questions we get is whether or not someone filing bankruptcy can keep their car. The answer is Yes, but you do have to pay to keep it. How you do that depends upon how much equity is in the car, whether you own or lease, whether…