Dealing with Debt | Live Q&A with Debt Attorney John Skiba

TL;DR

Attorney John Skiba provides debt-related tips and guidance, discusses bankruptcy, debt collection lawsuits, and debt settlement. He also promotes his Consumer Warrior Community.

Transcript

hey everybody it's Thursday night hey everybody John skiba here uh with the consumer Warrior YouTube channel thank you for checking in once again each and every Thursday night here we're to discuss all things debt related whether it's uh debt collection lawsuits bankruptcy uh debt settlement all those types of things that's why I started this whole... Read More

Key Insights

• 🥶 Attorney John Skiba provides free consultations on bankruptcy and debt-related legal issues at his law firm in Mesa, Arizona.
• 📼 Disclosing cryptocurrency assets in bankruptcy is crucial to avoid legal consequences.
• ❓ Successfully dismissing a debt collection lawsuit without prejudice can still prevent the debt buyer from refiling.
• 💼 Compelling arbitration may discourage debt buyers from pursuing the case further.
• 🖤 Collection agencies lacking ownership of the debt cannot maintain a lawsuit, providing a defense strategy.
• 😚 Closed financial accounts need to be disclosed in bankruptcy documents within the previous 12 months.
• 🥳 Delays in the arbitration process by the other party can be addressed with a motion to dismiss with prejudice.

Questions & Answers

Q: Do I need to disclose my cryptocurrency assets when filing for bankruptcy?

Yes, it is essential to disclose cryptocurrency assets in bankruptcy as it is considered an asset and failing to do so is a felony.

Q: Can a debt buyer still pull me into arbitration after a case was dismissed without prejudice?

While they could potentially bring you into arbitration, it is unlikely as debt buyers typically try to avoid the arbitration process. Refiling the case is more likely, but they need to consider the statute of limitations.

Q: What should I do if a collection agency claims they cannot settle because they do not own the debt?

If the collection agency admits they do not own the debt, they lack standing to maintain the lawsuit. This can be used as a defense, and you can request the identity of the collector who told you this information.

Q: Should I delete my Cash App account before filing for bankruptcy?

Even if you delete the account, you still need to disclose it on the bankruptcy documents, which include information about closed financial accounts in the previous 12 months.

Q: Can I ask the judge to dismiss the case if the other party is delaying the arbitration process?

If the court ordered you and the other party to proceed with private arbitration and they are not cooperating, you can file a motion to dismiss with prejudice and explain the non-compliance with the court's order.

Summary & Key Takeaways

• Attorney John Skiba offers free consultations on bankruptcy and defending debt collection lawsuits at his law firm in Mesa, Arizona.

• He highlights the importance of disclosing cryptocurrency assets when filing for bankruptcy.

• John answers questions about successful dismissals, compelling arbitration, settlement issues, deleting financial accounts before bankruptcy, and pending IRS installment plans.