LAW OFFICE OF MARGARET L. EVANS, PC - Free legal questions and answers - LawQA.com

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Margaret L. Evans
State of Practice: South Carolina
Member Since: 10/24/2011
Last Answer: 03/10/2017

About Me

Attorney Evans grew up in Orange County, Virginia. Attorney Margaret Evans is currently one of the Board of Directors for Horry County Humane Society. Mrs. Evans participates in equestrian competitions and hunt and jump classes throughout Virginia and Maryland. When she has the time, Attorney Evans loves to go boating and golfing. Attorney Evans got her BA degree for both Political Science and Sociology from the Radford University in 1989. Attorney Margaret Evans was born in Alexandria, VA. Attorney Margaret Evans got her Juris Doctor degree from the Thomas M. Cooley Law School in 1995.

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Margaret L. Evans
State of Practice: South Carolina
Member Since: 10/24/2011
Last Answer: 03/10/2017

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LAW OFFICE OF MARGARET L. EVANS, PC - Free legal questions and answers - LawQA.com

Free Answers to your Legal Questions by Lawyers.
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Margaret L. Evans
State of Practice: South Carolina
Member Since: 10/24/2011
Last Answer: 03/10/2017
© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy

LAW OFFICE OF MARGARET L. EVANS, PC - Free legal questions and answers - LawQA.com

Free Answers to your Legal Questions by Lawyers.
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Margaret L. Evans
State of Practice: South Carolina
Member Since: 10/24/2011
Last Answer: 03/10/2017
Answer: It is too late to get your car back - you can only save it BEFORE repossession with a bankruptcy filing.
Answer: It is customary for attorneys to NOT file UNTIL they have received all of the documents necessary from their client. HO ...read more
Answer: If you didn't sign the PROMISSORY NOTE, then you don't have any personal liability. Signing a quit-claim deed has NOTHI ...read more
Answer: There is no minimum debt level necessary to file in SC.
Answer: YES - the cosigner will NOT have the protection of the automatic stay that you will and the creditor CAN seek the defici ...read more
Answer: Yes, provided, however, the unsecured creditors get paid out at 100%.
Answer: If you filed PRO SE (without an attorney), then you are probably in violation of SEVERAL bankruptcy procedural rules. Y ...read more
Answer: If the mortgage company was listed as a creditor, AND an order of discharge was entered, then there should not be any li ...read more
Answer: Chapter 7 will NOT discharge a SECURED loan like a title loan. A chapter 13 filing, however, MAY have the added benefit ...read more
Answer: YES, only if: 1) your state allows for garnishments (SC does not, but with certain federal exceptions (student loans, et ...read more
Answer: YES, whenever in doubt, DISCLOSE, DISCLOSE, DISCLOSE!! You can't get into trouble for "over disclosing" - only NOT disc ...read more
Answer: You can go through a statutory process of having the judgments released of record after approximately one year following ...read more
Answer: The home should have been surrendered in the bankruptcy which would have not allowed for a "chink" in your credit soon a ...read more
Answer: I'd inquire about the AUTOMATIC STAY .......... In certain subsequent bankruptcy filings the AUTOMATIC STAY only lasts f ...read more
Answer: We have about $15k in credit cards, $9k student loans, $145k mortgage debt on second house (first house we owe $90k and ...read more
Answer: Question: Can I keep my house if I file a chapter 7 and my house is in foreclosure? - the chapter 7 will only prolong th ...read more
Answer: In Ch. 7, you are simply liquidating your Schedule F unsecured, non-priority debt and paying nothing towards them. If y ...read more
Answer: How can I en cash a ten year old check? You can't. Question Detail: I have a refund check issued 10 years ago, which I ...read more
Answer: Nothing, basically, other than try to work with the loan company; THEY will have to clear the title and until they remov ...read more
Answer: NO ......... the federal tax return MUST be filed IN SC at/with a specific place in Columbia while you're in a Chapter 1 ...read more
Answer: Question: If I file bankruptcy, will they go after my husband for the debts? Only if he is jointly liable for the debts. ...read more
Answer: Social security income is NOT exempt from disposable monthly income.
Answer: Credit card debt and most medical debt can be eliminated with bankruptcy; non-dischargeable debt mostly includes DSOs (d ...read more
Answer: I'm not sure exactly why you're being told this because you both are not married. I only include another person's incom ...read more
Answer: *- not sure what a "living estate" deed is .... are you referring to a "life estate"? If so, who holds the future intere ...read more
Answer: Question: I have sold my house and I will have $49,000 in equity will the trustee of my Chapter 13 take this equity to p ...read more
Answer: The title should be transferred over to the husband now from the wife so as to avoid losing a buyer when/if you do. It m ...read more
Answer: Question: Does it cost anything to the courts to request from the trustee to sell an asset? Question Detail: We need to ...read more
Answer: Question: Shouldn't this be listed as a lease under Schedule G and if so can my lawyer amend to include this agreement? ...read more
Answer: Question: What should I do to correct an error on my bankruptcy? Question Detail: I filed bankruptcy on my own and the ...read more
Answer: Question: What can I do to stop the motion to remove the stay? Question Detail: I want to keep my car. I'm in chapter 7 ...read more
Answer: Question: Will I be held liable if my ex-husband files for bankruptcy on a house we own together? Question Detail: I ga ...read more
Answer: Question: Why are we still on the title if we surrendered the house in bankruptcy? Question Detail: We are being sued b ...read more
Answer: Possible, but not legal. If the debt was truly discharged, then they could be sued for wrongfully attempting to collect ...read more
Answer: they will ask you for certain information that you will need to provide before they can help you decide if/when to file
Answer: Question: I filed bankruptcy in Nov 2005, when is the soonest I can file Chapter 7 again? Question Detail: Need to know ...read more
Answer: Question: Considering Texas is a community property estate what questions might the trustee ask me?* - don't know about ...read more
Answer: Question: If the website of my account shows I only have four months left for Chapter 13 five-year plan, does that mean ...read more
Answer: Question: Can someone elaborate on chapter 13 dismissal and how it works? Question Detail: I filed for a chapter 7 back ...read more
Answer: Question: If am disabled will my husband be responsible for taxes? Question Detail: Purchased home in 2006 with a neg a ...read more
Answer: Question: If I cash out my 401k, can the court take it since we have filed bankruptcy this year? *- Yes, because it will ...read more
Answer: Question: I am receiving pension from my ex husband's death and I am filing chapter 7 will I still get that pension? *- ...read more
Answer: The life insurance proceeds automatically become the property of the bankruptcy estate (if you, the debtor, are the bene ...read more
Answer: If you are on the loan as a co-signer, then you are jointly and severally liable for the entire amount due on the vehicl ...read more
Answer: Income can disqualify you for a Chapter 7, and debt levels can disqualify you from filing a Chapter 13; criminal history ...read more
Answer: If you alone are on the mortgage and note, then the bank can foreclose once the payments are not being made. If your wi ...read more
Answer: And that is exactly why people should not try to represent themselves in bankruptcy; you can lose some of the advantages ...read more
Answer: Question: Can Car Registration Loans be included in Chapter 7 Bankruptcy? Question Detail: If loans are in Default can ...read more
Answer: It may very well be too late to reopen the case, but you still might be able to sign a reaffirmation agreement with the ...read more
Answer: Question: Can I use a Quit Claim Deed to sign into another person's name or donate to city? *- you can, but the the gran ...read more
Answer: 14 calendars days period ........ then automatic dismissal if not filed by the 14th day
Answer: You should be able to file a Chapter 13 now, provided the Chapter 7 wasn't dismissed for bad faith.
Answer: Verbal agreements are not legal and binding on the sale of goods over $500.00 generally, so you couldn't enforce the agr ...read more
Answer: Question: As a mortgagee with a mortgagor whose parent company is going under restricted, do I have to file a proof a cl ...read more
Answer: Question: I'm in Chapter 13, and my car burnt and I did a motion for the money will the courts give it to me to purchase ...read more
Answer: Question: Can he force us to sell our home and what would be the purpose if there were no available equity to pay back o ...read more
Answer: Lending guidelines vary from lender to lender; most lenders, however, use the date of discharge from the bankruptcy and ...read more
Answer: Only those that report to the credit reporting agencies; if you have any notes or loans owed to individuals, they most l ...read more
Answer: Question: How do I proceed with bankruptcy? Question Detail: I have about $60000 in debt that I need to get off my back. ...read more
Answer: You sound like you may very well qualify for a Chapter 7, but the only way to be sure is to run the MEANS TEST; once yo ...read more
Answer: Question: To settle community property with my ex-, am I responsible to pay for half of Ch. 13 bankruptcy that's in his ...read more
Answer: yes, if the payments haven't been made AND the automatic stay is no longer in effect which it wouldn't be once the case ...read more
Answer: Question: Is there a way for us to file bankruptcy from here or come back and file bankruptcy so this whole mess would j ...read more
Answer: You should hire a bankruptcy creditor's lawyer to review your case; however, most likely the award can be discharged, bu ...read more
Answer: No required amount, just limits on secured and unsecured debt for those seeking relief under Chapter 13. You could certa ...read more
Answer: It will NOT affect your social security income; it can help eliminate your unsecured debt, PROVIDED, HOWEVER, that the u ...read more
Answer: To comply with Treasury Department regulations, we inform you that, unless otherwise expressly indicated, any tax advice ...read more
Answer: Filing fee in SC is $306.00; attorney's fees vary from attorney to attorney, an average to expect for attorney's fees is ...read more
Answer: Question: If HOA sold my home and I am on bankruptcy will this stop eviction? Question Detail: HOA sold the certificate ...read more
Answer: There is no such thing; you can only reaffirm debt 6 yr have not been reported to the credit bureau.
Answer: Question: Can I give the car back then get another that is better-priced and better car? *- yes, if you can finance it . ...read more
Answer: Question: Do the siblings of a deceased have to pay the attorney fees & legal costs for an insolvent estate? *- the pers ...read more
Answer: Just got discharged from bankruptcy chapter 7.
Answer: Question: If I file chapter thirteen bankruptcy what happens if I get married will my spouses tax returns get garnished ...read more
Answer: Depends on if you received a discharge or not; if a debtor receives a Chapter 13 discharge, the debtor must wait 2 years ...read more
Answer: I'm not actually sure what you mean by "my management company failed to reaffirm" if the agreement is signed by both par ...read more
Answer: He can certainly file bankruptcy and whether or not the home will be seized by trustee (and subsequently sold to pay cre ...read more
Answer: Question: Will my wife's credit be affected after I file for bankruptcy? Question Detail: I plan to file for bankruptcy ...read more
Answer: Her credit card debt will not affect your bankruptcy; your partial ownership of a mobile home will have to be disclosed ...read more
Answer: Have no idea what you mean by "personal loan is on lien" gotta give more details.
Answer: Yes, they would, which is why you must name them as a creditor to protect yourself in bankruptcy,
Answer: You have no choice but to include your spouse's income when you are married and not living separate and apart; you may b ...read more
Answer: you absolutely MUST go to the 341 (Meeting of Creditors) REGARDLESS of what's going on with your case so that the case d ...read more
Answer: enerally no, because you can't voluntarily dismiss a Chapter 7 once its been filed; you can, however, amend the schedule ...read more
Answer: Your information provided doesn't make sense ..... you would need to review your schedules and petition and see what, if ...read more
Answer: As long as you can still make the mortgage payments, And his ownership interest is exempt, you should be able to keep th ...read more
Answer: Yes, provided, however, that you have the disposable monthly income to support a confirmable plan
Answer: The co-owner should be listed as a creditor in the appropriate schedule so as to avoid any suit later from that person ( ...read more
Answer: e or she is the first person you need to tell !! You will have to amend your schedule and make a motion to have the plan ...read more
Answer: It must absolutely be turned over to the court - no question about what to do here everything you own (right down to you ...read more
Answer: Student loans are generally non-dischargeable - period. If the bulk of your debt is credit card debt, then bankruptcy w ...read more
Answer: You must include every single creditor on your schedules and petition; the vehicle and the credit cards must all be disc ...read more
Answer: Check with your lawyer to be sure the reaffirmation and refinance is in your best interest prior to signing anything.
Answer: No, not generally, but do not get in the habit of making late payments; you don't want your case getting dismissed.
Answer: You can not now file for bankruptcy in the US without living here ..... there are residency and venue requirements which ...read more
Answer: yes, and you can surrender the home on the debtor's statement of intention to prevent the bank from seeking a deficiency ...read more
Answer: Yes, absolutely !! that is one of the main purposes of a 13, to keep otherwise nonexempt assets. However, you may qualif ...read more
Answer: The lien simply means that the debt is secured by the mobile home; if you don't pay as promised on the mobile home loan, ...read more
Answer: That depends entirely on the credit card company; generally, within 6 mo. after the date of discharge you will start get ...read more
Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.
© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy