Get Out of Debt! | Live Q&A with Arizona Attorney John Skiba

TL;DR

Bankruptcy attorney and consumer protection lawyer answers questions about debt-related issues, providing resources and guidance to viewers.

Transcript

hey everybody John skiba here from the consumer Warrior YouTube channel and once again it's Thursday night hey everybody welcome back to the channel John skiba here from the consumer Warrior YouTube channel and uh this is where we meet each and every Thursday night to discuss all things debt related I am a bankruptcy attorney and a consumer protect... Read More

Key Insights

• 😀 Bankruptcy can be a viable solution for individuals facing overwhelming debt, but it should be evaluated based on individual circumstances, including the amount and nature of the debt.
• 🤯 Understanding the legal rights and options when dealing with debt-related issues can provide peace of mind and help in creating a solid plan to overcome those challenges.
• ❓ Settlement can be a valid alternative to debt collection lawsuits, especially when individuals prioritize resolution over complex legal proceedings.
• 💳 Credit cards in good standing cannot be retained after filing for bankruptcy, as the bankruptcy code requires listing all debts, regardless of their status.
• 👻 Bankruptcy is a powerful tool that provides relief to individuals with limited income and resources, allowing them to rebuild their financial lives.

Questions & Answers

Q: Is it possible to make debt collectors pay for court costs if you win a lawsuit against them?

In the state of Arizona, there is a statute (ARS 12-341 or 12-341.01) that allows the prevailing party in a contract-based dispute to request reimbursement of attorney's fees and court costs. However, certain conditions must be met, such as obtaining a final decision from the court in your favor.

Q: Can a creditor sue you if you live in a different state from where they are based?

Generally, creditors can sue individuals in the state where they live or where the transaction occurred. Credit card companies often sue debtors in their respective states, regardless of the creditor's location. Similarly, individuals can sue creditors in their own jurisdiction if they have a valid claim.

Q: If I file for bankruptcy, should I stop paying my unsecured debts to save money for the attorney's retainer fee?

It is advisable to consult with your attorney regarding payment strategies. In some cases, it may be recommended to stop paying unsecured debts, such as credit cards, once the decision for bankruptcy has been made. However, the attorney's fees must be paid in full before filing bankruptcy, although certain jurisdictions may allow payment plans for this purpose.

Q: What is the waiting time to file for bankruptcy if I have made mistakes like overspending on vacations or purchasing expensive work-related items?

If you have incurred luxury item purchases or cash advances within 90 days prior to filing bankruptcy, there may be a presumption that these were done in bad faith. To avoid complications, it is generally advisable to wait at least 90 days after such transactions before filing for bankruptcy.

Summary & Key Takeaways

• John Skiba, a bankruptcy attorney and consumer protection attorney, discusses various debt-related topics, including bankruptcy, debt collection lawsuits, wage garnishments, and debt settlement.

• Skiba emphasizes the importance of understanding what can and cannot happen when dealing with serious debt issues and suggests creating a plan to alleviate stress and find a way forward.

• He introduces SoloSuit, a company that offers assistance with debt collection lawsuits and settlement, highlighting the benefits of their services for individuals dealing with serious debt problems.