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

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March 17, 2023
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Consumer Warrior
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Dealing with Debt | Weekly Live Q&A with Arizona Attorney John Skiba

TL;DR

Attorney John Skiba answers viewer questions about debt-related topics, bankruptcy, and legal advice in a live stream on his Consumer Warrior YouTube channel.

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Key Insights

  • 👍 Reaffirmation agreements in Chapter 7 bankruptcy require approval from the court and may not be approved in some jurisdictions.
  • 💳 Filing a motion to compel arbitration can be a strategy for disputing credit card lawsuits.
  • 💝 Bankruptcy filing provides immediate protection from collections, including late payment reporting.
  • 🧑‍🎓 Private student loans are often not dischargeable in bankruptcy, even if they go into collections.
  • 👽 Checking for a proper lien on a registration loan can determine if it is a secured debt.
  • 🛀 Showing up and filing an answer in a lawsuit is crucial to avoid default judgments.
  • 😀 National Collegiate student loan trust has faced legal challenges regarding the accuracy of their court filings.

Transcript

foreign welcome to Thursday night everybody John skiba here from the consumer Warrior YouTube channel and uh like we do each and every Thursday night even though tonight it kind of snuck up on me realized it was quarter after running a little bit late uh hopefully we got a few more of you and didn't get too many people mixed up with the time change... Read More

Questions & Answers

Q: Is a reaffirmation agreement always required for a car loan in Chapter 7 bankruptcy?

In a Chapter 7 bankruptcy, a reaffirmation agreement is typically required to keep the car, but it may not be approved by the court in some jurisdictions, like Arizona. Not approving the agreement allows you to keep the car without the risk of being sued for the balance if you return it in the future.

Q: Should I file a motion to compel arbitration before responding to a motion for summary judgment in a credit card lawsuit?

It is advisable to file a motion to compel arbitration first, if there is an arbitration clause in the contract. However, it's important to respond to the motion for summary judgment promptly, as failing to do so may result in the court granting the motion without hearing your side of the case.

Q: How long does it take for creditors to receive notification of a bankruptcy filing?

Major lenders typically receive electronic notification of a bankruptcy filing immediately through the bankruptcy noticing center. Smaller creditors may receive a hard copy of the notice within two to three business days. The court also issues a notice of bankruptcy filing that you can provide to the creditors.

Q: Can private student loans be discharged in bankruptcy if they go into collections and become consumer debt?

Private student loans are generally not dischargeable in bankruptcy, regardless of whether they go into collections. The bankruptcy code expanded the definition of student loans to include loans taken out for educational purposes, making both federal and private student loans difficult to discharge in bankruptcy.

Summary & Key Takeaways

  • John Skiba, an attorney specializing in bankruptcy law, answers viewer questions about debt-related topics on his Consumer Warrior YouTube channel.

  • He offers tips and strategies for dealing with collection lawsuits, debt settlement, and the Fair Debt Collection Practices Act (FDCPA).

  • Skiba also discusses the importance of seeking legal advice from a licensed attorney in the appropriate state, rather than relying solely on YouTube videos.

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