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Consumer Warrior Live Q&A | Debt Collection Lawsuits, Bankruptcy & More

July 7, 2023
by
Consumer Warrior
YouTube video player
Consumer Warrior Live Q&A | Debt Collection Lawsuits, Bankruptcy & More

TL;DR

Consumer Warrior YouTube Channel host, John Skiba, provides weekly information and tips on dealing with serious debt issues such as bankruptcy and debt collection lawsuits, offering guidance and resources to viewers.

Transcript

hey everybody Welcome to Thursday night hey everybody Thursday night here John skiba here the consumer Warrior YouTube channel uh here once again uh this week man it's flying by we should always do a holiday on Tuesday uh because that seems to make things go by a lot quicker here to Thursday night uh again I'm John skiba I am a consumer protection ... Read More

Key Insights

  • 💁 The Consumer Warrior YouTube channel offers information and tips on dealing with serious debt issues.
  • ❓ Seek legal advice from an attorney in your jurisdiction for personalized assistance.
  • 😷 Consumers can ask questions in the chat section and receive guidance from John Skiba.
  • 🥳 Pre-trial conferences provide an opportunity for the judge and parties to discuss the case and set dates for further proceedings.
  • ❓ Redeeming property can be an option to settle debts in Chapter 7 bankruptcy.
  • 📏 Understanding the rules and procedures of bankruptcy and civil litigation is crucial when navigating legal issues.
  • 🤝 Consult an attorney if you are unsure about how to proceed with bankruptcy or dealing with outstanding contracts in a business bankruptcy.

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Questions & Answers

Q: Can I request the original creditor to move my account out of collections if my debt is sold to a junk debt buyer?

While you can file a dispute to remove the derogatory account from your credit report, the original creditor may only remove it as a notation stating it was transferred to a third-party debt buyer. The impact on your credit score is minimal.

Q: Can a lawsuit be dismissed without my agreement if I have filed an answer?

If you have filed an answer to a lawsuit, the plaintiff cannot unilaterally dismiss the case. You can file a response to their motion and request that they dismiss the case with prejudice, which means it cannot be refiled, and ask for a signed settlement and release document.

Q: If I didn't reaffirm furniture during a Chapter 7 bankruptcy, can the company ask for it back?

It is rare for a furniture company to reclaim furniture that was not reaffirmed during a Chapter 7 bankruptcy. However, you can explore the option of redeeming the property by paying its current value to settle the debt.

Q: As a pro se defendant, what do I need to provide for a pre-trial conference?

In a pre-trial conference, the judge acquaints themselves with the case and sets dates for discovery and compulsory arbitration. Ensure you show up to the conference. It is crucial to provide initial disclosures and consider forcing private arbitration if there is an arbitration clause.

Q: Will contractors with outstanding jobs list them in their bankruptcy schedules?

If a contractor files for bankruptcy, they must disclose any outstanding contracts in Schedule E. They can assume or reject these contracts based on their ability to fulfill them. It would be advisable to consult an attorney if an LLC is filing for bankruptcy.

Summary & Key Takeaways

  • John Skiba is a consumer protection attorney and founder of the Consumer Warrior YouTube channel, providing information on debt issues.

  • He emphasizes that the information he shares is not legal advice and recommends seeking advice from an attorney in your jurisdiction.

  • Viewers can ask questions in the chat section, and Skiba offers resources and guidance based on his knowledge of the laws in Arizona.


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