Category Archives: AZ

BOA credit card went to a law firm can I hire debt settling agency?

I cannot afford to pay my credit cards anymore I lost my job can I hire a debt settling agency?

A: The pertinent question is whether the law firm has filed a suit against you. If the law firm has filed a suit against you, then you will want to consult with an attorney as soon as possible. You generally do not need to hire an attorney to file an answer on your behalf, unless you have a legitimate dispute with what the initial complaint stated.

Hiring an attorney would be better than a debt settling agency for many reasons. First, attorneys can advise you on what to do in the face of possible legal action. Second, there are many debt settling companies that take advantage of people by promising great results and accomplish almost nothing. Also, many debt settlement companies have shady business practices, but attorneys have an ethical obligation to look after the best interests of their clients.

If you are facing multiple creditors and do not have a current ability to pay you may want to schedule a free consultation with a bankruptcy attorney in your area to more fully discuss bankruptcy and non-bankruptcy options that are available to you.

* You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

Answered by:

The Bornmann Law Group
20325 N. 51st Ave. Ste #134
Glendale, Arizona 85392
Office: (623) 640-4945

Evan Bornmann, Glendale Chapter 7 and Chapter 13 Attorney.
Re-Posted from AVVO Legal Questions and Answers.

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Can I file bankruptcy, as an individual, and have the bankruptcy not effect my wife’s excellent credit?

I have no possesions, retirement, etc. I have poor credit and a $12,000 judgement against me that I want to eliminate with a bankruptcy.

A: In a simple answer, “Yes” you can file bankruptcy without your spouse having to file bankruptcy. When one person files for bankruptcy, the other is not automatically pulled into bankruptcy just because they are married. On the other hand, though, filing bankruptcy can sometimes leave the non-filing spouse unprotected as he or she may owe shared debts without the protection of a bankruptcy filing. If your wife’s name is on a shared debt, the debt will still be of her responsibility.

Many people have the mistaken belief that because you are married, your spouse is automatically responsible for your debts. This is just not the case. Since a bankruptcy can be filed by one spouse without the other, there are several aspects of the answer. You should contact an experienced bankruptcy attorney and get advice before proceeding with a bankruptcy filing.

A bankruptcy filing by one spouse does not automatically bring the other spouse into bankruptcy. That being said, the Chapter 7 or Chapter 13 bankruptcy being filed by the one spouse does not give the non filing spouse the full protection of the automatic stay or the bankruptcy discharge. Contact a local bankruptcy attorney as I am sure they will be able to help you out. Many decent bankruptcy attorneys offer free consultations in which you can get your questions answered.

Answered by:

The Bornmann Law Group
20325 N. 51st Ave. Ste #134
Glendale, Arizona 85392
Office: (623) 640-4945

Evan Bornmann, Glendale Chapter 7 and Chapter 13 Attorney.
Re-Posted from AVVO Legal Questions and Answers.

I am over my head with unsecured debt, have been keeping up with minimum payments through a since empty savings account.

Q: I am unemployed…no income. Also have a secured home equity loan that is current, but I only took a partial loan out…I have probably $80,000.00 in remaining equity that I can’t get to because of debt, and no income. I have no family, and would have no place to live. I have a paid off vehicle, but need that to find employment. Should I maybe just try to pay the secured debt and not the unsecured debt? I would have no place to go if they took my house…and how long before they would take my house? I am ready to park on a railroad track! What can I do?

A: Sorry to hear about your predicament. First thing first and that is to make a plan of attack. Plan on attacking one thing at a time and things won’t seem so overwhelming. Make an appointment with a bankruptcy attorney in your area. Just because you make an appointment with a bankruptcy attorney doesn’t mean that you have to file bankruptcy. There are many debt relief options available to you and an experienced bankruptcy attorney will review those options with you.

Many bankruptcy lawyers offer free initial consultations and can be a great help to you as they will provide you with the answers and possible solutions to your current financial problems. Don’t guess at what you should do, seek the help of a professional and take it one thing at a time. There is a debt relief option for everyone, the key is to pick the path to a “fresh start” that is best for you.

Answered by:

The Bornmann Law Group
20325 N. 51st Ave. Ste #134
Glendale, Arizona 85392
Office: (623) 640-4945

Evan Bornmann, Glendale Chapter 7 and Chapter 13 Attorney.
Re-Posted from AVVO Legal Questions and Answers.