Get Out of Debt! Weekly Live Q&A with Attorney John Skiba | Summary and Q&A

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October 14, 2022
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Consumer Warrior
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Get Out of Debt! Weekly Live Q&A with Attorney John Skiba

TL;DR

Debt defense attorney offers advice and strategies to individuals facing lawsuits and other debt-related problems.

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Key Insights

  • ❓ The debt defense attorney advises individuals to seek legal counsel in their state for specific legal advice.
  • 📼 Disclosure of all assets and debts is essential in bankruptcy cases to avoid legal consequences.
  • 👮 Researching case law validity can be challenging without access to legal databases.
  • ⚾ Settlement offers for debt collections may vary based on the type of creditor and individual circumstances.
  • ❓ Understanding the concept of accounts stated and challenging its validity can be an effective defense strategy in debt collection lawsuits.
  • 🤗 Open communication and negotiation with creditors can potentially result in more favorable settlement terms.
  • 💳 The decision to file bankruptcy should consider the potential impact on job prospects and credit report.

Transcript

hey everybody and welcome to Thursday night hello all welcome Thursday night here on the consumer Warrior YouTube channel I am John skiba I am a bankruptcy attorney and a I'd like to call myself a debt defense attorney to help people who are getting sued by debt collectors junk debt buyers original creditors all those kinds of people and I'm here i... Read More

Questions & Answers

Q: How can I verify if a specific case law is still valid?

As a non-attorney, you can use resources like Westlaw or Google Scholar to research legal opinions and case law. These platforms may indicate if a case has been overturned or still considered good law. However, it can be challenging to determine the most recent and up-to-date information without legal expertise.

Q: Do I need to disclose property owned in a foreign country in a bankruptcy case?

Yes, you must disclose all assets, including those in foreign countries, in a bankruptcy case. Failing to disclose assets can be considered a felony. It is crucial to disclose all assets, regardless of their location, to avoid legal repercussions.

Q: Can I settle a debt for half the amount owed and request a 1099-C for the remaining balance?

It is possible to negotiate a settlement with a creditor for a lower amount. However, settling a debt may still have tax implications. If a creditor forgives a debt of more than $600, they may issue a 1099-C, which means you may have to report the forgiven amount as income on your tax return. Consulting with an accountant can provide clarity on the tax consequences of debt settlements.

Summary & Key Takeaways

  • The speaker, a bankruptcy and debt defense attorney, provides tips, strategies, and hope to individuals being sued by debt collectors or dealing with debt problems.

  • The Consumer Warrior Community offers additional resources, trainings, and tutorials for community members to navigate debt collection lawsuits.

  • The speaker addresses questions about verifying case law, disclosing foreign property in bankruptcy, deposing a witness for the plaintiff, and hiring a lawyer for a debt collection lawsuit.

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