Got Debt? Live Q&A | Solving Serious Debt Problems

TL;DR

Bankruptcy attorney answers questions and gives tips on dealing with debt-related problems in a live Q&A session.

Transcript

hey everybody john skiba here for the consumer warrior youtube channel and welcome to thursday night all right thursday night is here once again and uh like each and every week i do a live q and a live stream here to talk about all things debt related uh if you're new to my youtube channel i'm a bankruptcy attorney in the state of arizona i also de... Read More

Key Insights

• 😚 People often have misconceptions about debt collection lawsuits, such as the fear of arrest or losing everything they have.
• 📁 Filing a motion to compel arbitration does not restart the statute of limitations for a debt collection lawsuit.
• 😚 The trial court loses jurisdiction over the case once it goes into private arbitration.
• 👪 Bankruptcy should not significantly impact one's ability to rent a home, although there may be exceptions with larger apartment complexes.

Questions & Answers

Q: Can filing a motion to compel arbitration restart the statute of limitations in a debt collection lawsuit?

Filing a motion to compel arbitration does not restart the statute of limitations. If the lawsuit was filed after the relevant time period, you can file a motion to dismiss based on the statute of limitations.

Q: Can the trial court order me to pay all arbitration fees and limit the scope of arbitration to the amount owed?

The trial court loses jurisdiction over the case once it goes into private arbitration. The arbitration company determines who pays the fees based on their rules and the arbitration clause in the agreement.

Q: Can the trial court order me to pay the arbitration fees?

No, the trial court cannot order you to pay the arbitration fees. The arbitration company's rules and the arbitration clause in the agreement determine who is responsible for the fees.

Q: Will having a bankruptcy on my credit report affect my ability to rent a home?

While there is no definitive answer, generally, having a bankruptcy on your credit report should not significantly impact your ability to rent a home. Anti-discrimination laws protect individuals from being unfairly denied rental based on bankruptcy.

Q: Should I leave a debt alone if I haven't heard anything for three years after settling?

It depends on various factors, including whether there is a judgment already in place. Consulting with an attorney who handled your case previously can provide personalized advice on whether it is necessary to take any further action.

Summary & Key Takeaways

• The bankruptcy attorney provides general advice and resources for individuals dealing with overwhelming debt and debt collection lawsuits.

• He emphasizes the importance of seeking legal advice from an attorney in one's own state and dispels common misconceptions about debt collection lawsuits.

• He advises a viewer to follow up with the attorney rather than the creditor when dealing with identity theft defense, and explains the role of motions to compel arbitration in lawsuits.

• The attorney clarifies the relationship between filing a motion to compel arbitration and the statute of limitations and answers questions about paying for arbitration and renting after bankruptcy.

• He provides insights on appealing court verdicts, settling debt, and the impact of bankruptcy on renting.