Dealing with Debt Problems | Live Q&A With Arizona Attorney John Skiba | Summary and Q&A

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January 13, 2023
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Consumer Warrior
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Dealing with Debt Problems | Live Q&A With Arizona Attorney John Skiba

TL;DR

An attorney answers viewer questions on debt collection lawsuits, bankruptcy, and wage garnishment in a live Q&A session.

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Key Insights

  • 🖤 Being judgment proof is possible when individuals lack significant assets and have income sources protected from garnishments, providing relief from debt collection.
  • 👪 Filing for Chapter 7 bankruptcy does not necessarily result in eviction for renters, as long as rent payments continue.
  • ✋ Stopping a trustee sale can be achieved through various options, including contacting lenders, exploring loan modifications, or filing for Chapter 13 bankruptcy.

Transcript

hey everybody and welcome to Thursday night welcome once again to Thursday night John skiba here from the consumer Warrior YouTube channel doing what we try to do each and every Thursday night and let's do this live q a where we discuss all things debt related whether it's debt collection lawsuits bankruptcy wage garnishment all the horrible things... Read More

Questions & Answers

Q: What does it mean to be judgment proof?

Being judgment proof refers to a situation in which individuals have no significant assets and their income sources, such as state assistance or disability, are protected from garnishment. In such cases, creditors have limited options to collect debts.

Q: Can filing for Chapter 7 bankruptcy lead to eviction for renters?

Renters who file for Chapter 7 bankruptcy can generally continue to stay in their rented apartments as long as rent payments are made. Landlords may need reassurance about continued payments, and lease agreements can be assumed or rejected based on the debtor's choice.

Q: How can a trustee sale be stopped?

To stop a trustee sale, one can explore options such as contacting the lender for potential programs or loan modifications. If these options fail, filing for Chapter 13 bankruptcy before the sale can provide additional time to catch up on mortgage payments.

Q: Are newly submitted documents admissible after discovery has closed in a debt collection lawsuit?

Generally, parties must disclose all documents and evidence they intend to use at trial during the discovery phase. If new documents are submitted after discovery has closed, one can object to their admissibility, as timely disclosure is required for fairness.

Summary & Key Takeaways

  • The attorney addresses the concept of being judgment proof and how some individuals with no assets or income can choose to do nothing in response to creditors or lawsuits.

  • He explains that filing for Chapter 7 bankruptcy does not necessarily mean losing one's rented apartment, as long as rent payments are continued.

  • The attorney provides insights on stopping a trustee sale, including various options such as reaching out to lenders, requesting loan modifications, or filing for Chapter 13 bankruptcy.

  • He discusses the importance of disclosure in lawsuits, how to object to new evidence after discovery has closed, and why attending court proceedings is beneficial, even if it seems unlikely to win.

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