Debt Crushing Thursday | Live Q&A with Attorney John Skiba | Summary and Q&A

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December 15, 2023
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Consumer Warrior
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Debt Crushing Thursday | Live Q&A with Attorney John Skiba

TL;DR

Bankruptcy attorney answers questions about debt laws, statute of limitations, and debt resolution, offering insights and advice.

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Key Insights

  • 🤝 Understanding the statute of limitations is crucial when dealing with debt issues and potential lawsuits.
  • 💼 Admitting a debt does not mean you have no options; it depends on the specific circumstances of each case.
  • 🖐️ In lawsuits, the rules of evidence play a significant role in determining the admissibility of documents and witness testimony.
  • 🧑‍🤝‍🧑 Filing bankruptcy as a couple can help eliminate various types of debt and provide a fresh start.

Transcript

hey everybody John skeba here from the consumer Warrior YouTube channel we are going live boy we just had some technical difficulties something that I have not had in quite a while in doing this but it's Thursday night we're here to do the live Q&A like I do each and every week uh hopefully those of you who are uh over at where I messed up that the... Read More

Questions & Answers

Q: If the statute of limitations is about to expire, will the creditor file a lawsuit in time?

The key date in the statute of limitations is the filing date of the lawsuit, not the trial date. The creditor has until the time limit expires to file the lawsuit, even if it hasn't gone to trial.

Q: What happens if I admit the debt but still want to explore my options?

It's crucial to be honest and accurate when filing any document with the court. If you lack independent knowledge or information and need more details, it's acceptable to state that you deny or need further information before admitting or denying.

Q: Can documents, such as affidavits and contracts, be introduced as evidence without producing a witness?

Generally, a witness with knowledge about the document is required to authenticate it. Some jurisdictions may allow certain documents to be admitted without authentication, but most jurisdictions require a witness to authenticate the documents properly.

Q: Can a Chapter 7 bankruptcy case be filed for a couple with different debt amounts?

Filing jointly is recommended, but not required. It eliminates both credit card and medical debt, providing a fresh start for both spouses.

Q: Can you change employment after the 341 meeting in a bankruptcy case?

In a Chapter 7 bankruptcy, changing employment after the meeting is typically allowed. The discharge order is the final order that eliminates the debts, and changing employment does not usually affect this process.

Summary & Key Takeaways

  • The statute of limitations determines the time creditors have to file a lawsuit, starting from the date the account goes into default.

  • Admitting a debt means accepting responsibility for it, but it doesn't necessarily mean you have no options moving forward.

  • Filing a lawsuit without producing a witness or evidence can be objectionable, and it's important to understand the rules of evidence in your jurisdiction.

  • Filing for Chapter 7 bankruptcy as a couple is possible, and it can help eliminate both credit card and medical debt.

  • Changing employment after the 341 meeting in a bankruptcy case is generally allowed, but it's essential to disclose any changes in income.

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