Debt-Busting Thursdays! | Weekly Live Q&A with Arizona Attorney John Skiba

TL;DR

Consumer Warrior answers viewer questions about bankruptcy, debt collection lawsuits, and defending against debt collectors.

Transcript

hey everybody and welcome to Thursday night hey everybody John skiba here from the consumer Warrior YouTube channel uh like we are each and every Thursday night here doing a live q a on our live stream just going over everything debt related all the tough awful things out there like bankruptcy debt collection lawsuits and all of that so um I as far... Read More

Key Insights

• ⌛ Jury trials are more time-consuming and involve non-legal professionals, making them riskier than bench trials.
• 🥺 Filing a motion to compel private arbitration may lead to dismissal, as it disrupts the debt collector's preferred process.
• 💳 Credit card-linked checking accounts are typically not closed during Chapter 7 bankruptcy, but cross-collateralization agreements with credit unions can complicate matters.
• 📼 Disclosing all assets and liabilities during bankruptcy is crucial to avoid legal consequences.

Questions & Answers

Q: Should I request a bench trial or file a motion for arbitration in a debt collection case?

Requesting a jury trial may deter the other side from proceeding, but a motion to compel private arbitration may lead to dismissal. Both options have their advantages and potential risks.

Q: I filed a motion to compel arbitration, and the judge is asking me to file an arbitration application. What does this mean?

The judge is directing you to initiate arbitration proceedings with a private company like the American Arbitration Association or JAMS. You may need to pay a filing fee, but it could lead to a dismissal of the case or a favorable outcome.

Q: If I file for Chapter 7 bankruptcy, will my bank close my checking account because of a credit card linked to it?

In most cases, banks will not close your checking account due to a credit card attached to it. However, credit unions may have different rules, and cross-collateralization agreements could potentially cause complications.

Q: I settled my case with a creditor, and they finally accepted a lump sum payment. How do I close the case?

If you haven't filed an answer to the lawsuit, the creditor can request a dismissal without your input. If you have filed an answer, a stipulation to dismiss the case may be required. Make sure to request dismissal with prejudice.

Summary & Key Takeaways

• The host, John Skiba, is an attorney specializing in bankruptcy and defending clients against debt collectors.

• Viewers can submit questions in the chat section or comment section for Skiba to answer during the live stream.

• Skiba offers legal advice and information specific to the state of Arizona, but encourages viewers outside of Arizona to seek advice from an attorney in their own state.