Questions Answered by Kathryn U. Tokarska

Q: Can my ex-spouse get a judgment for mortgage payments that were previously discharged in Chapter 7 bankruptcy?

1 Answer | Asked in Bankruptcy for Colorado on Mar 9, 2013

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
This is a confusing question. What came first, the debt or your bankruptcy discharge? If the debt was acquired post petition, after you filed for bankruptcy then it was not part of the discharge received in your previously filed case. If the debt was incurred prior to the filing of the bankruptcy then the question is whether this debt was dischargeable. Certain debts are not dischargeable, like support obligations. Also some people get into trouble if for example under a divorce settlement...

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Q: Can the state garnish my wages after I file bankruptcy

1 Answer | Asked in Bankruptcy for Colorado on Apr 3, 2013

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
The answer will depend. When you file your bankrupcy automatic stay goes into effect and no creditor can collect from you. If they do, you can recover the money. However, the question is what type of debt is this? Is this debt dischargeable in bankruptcy? If yes, then it will be discharged and that will be the end of that. If it is not dischargeable, then depending which chapter of bankruptcy you file will yield different result. In chapter 7, after the case closes, approximately 90 days...

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Q: I can no longer afford my chapter 13 payments nor my attorney. What are the repercussions if my case is dismissed?

1 Answer | Asked in Bankruptcy for Pennsylvania on Jan 4, 2013

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
Not sure why you cannot afford your attorney. Your attorney is obligated to provide you with representation for the duration of your chapter 13. He/she cannot take any money from you after the case is filed. He/she is compensated out of the plan. Check your Righs and Responsibilities form, signed and filed with your petition. Dismissal can have a variety of results depending on the specifics of your case. At minimum he/she should explain these to you since they know your case.

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Q: When Filing Chapter 13.. My income as one earner is below state median but expenses deductions (IRS standards) negative?

1 Answer | Asked in Bankruptcy for Pennsylvania on Aug 22, 2012

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
This suggests that perhaps chapter 13 may not be feasible. Please consult an attorney about your potential case and the goals you hope to achieve. Our expertise can be extremely valuable.

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Q: Can I convert my chapter 7 to a chapter 13 if I cannot afford the trustee payments? Am I able to file this myself?

1 Answer | Asked in Bankruptcy for Pennsylvania on Jan 5, 2013

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
I think you mean convert from chapter 13 to chapter 7? Chapter 13 is the one with the payments. The answer will depend on whether you qualify for discharge under chapter 7. If you don't already have a lawyer, get one. Perhaps your chapter 13 can be salvaged and if not they can make sure you qualify for chapter 7 and handle the conversion. In California we have a specific form (found on court's website) to do this. It contains information about what forms need to be filed along with the...

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Q: If you get a deed of conveyance, and put ur house on in bankruptcy, can the bank still take it?

1 Answer | Asked in Bankruptcy for Nevada on Oct 29, 2012

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
Too confusing to answer. Generally speaking, if you have fallen behind on mortgage payments the creditor has a right to foreclose on the property. Chapter 13, under which you propose to bring your loan current over a period of 3-5 years will prevent foreclosure. Not sure if that answers your question. Wise thing to do is to go consult with a bankruptcy attorney. They'll give you more information based on your goals and situation.

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Q: Can i file bk if my wages are already garnished for the debt/

1 Answer | Asked in Bankruptcy for Nevada on Dec 25, 2012

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
Having your wages garnished does not prevent you from seeking bankruptcy protection.

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Q: I have filed chapter 13 however I have fallen behind in my mortgage payments by 3 months. I have kept current my trustee

1 Answer | Asked in Bankruptcy for Nevada on Mar 14, 2013

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
You are at the risk that the mortgage creditor will file a motion for relief of stay in order to pursue foreclosure. If you have an attorney, contact them immediately.

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Q: Do I need a bankruptcy lawyer>

1 Answer | Asked in Bankruptcy for Illinois on Nov 28, 2012

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
Impossible question to answer.

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Q: Can I refinance my home if I am currently in Ch. 13 Bankruptcy?

1 Answer | Asked in Bankruptcy for Illinois on Nov 8, 2012

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
The only way to find out is to try. However, I would caution you to discuss the implications of doing this with your attorney.

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Q: Do i need a bankruptcy attorney?

1 Answer | Asked in Bankruptcy for Illinois on Oct 4, 2012

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
Impossible to answer. Do I need an oil change?

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Q: Filed ch.7 in 2011 & want to add a debt i got in 2012. i lost my job due to injury can i add this to my ch.7?

2 Answers | Asked in Bankruptcy for Illinois on Feb 13, 2013

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
No, you may not add post-petition incurred debts to your previously filed bankruptcy.

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Q: Do i get any of my money invested in the project, in the company if it files for bankruptcy

1 Answer | Asked in Bankruptcy for Arizona on Mar 3, 2013

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
That depends on many things. If they file for chapter 7 and there are no assets available for distribution to creditors the answer is no unless you can file and prove fraud or discharge as to you falls under a category of exceptions to discharge.

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Q: How do I get started in filing for bankruptcy?

1 Answer | Asked in Bankruptcy for Arizona on Mar 4, 2013

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
This question is too broad to answer on this forum. My only suggestion is to go to your local bankruptcy court's website and see what they have there to help self represented parties. As a bankruptcy attorney, knowing how many things can go wrong in a case, I don't recommend filing your own case without legal counsel. There is a Nolo Book that you might be able to borrow from the library called "How to File for Chapter 7 Bankruptcy". It will not tell you whether filing is appropriate in...

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Q: Is an overpayment of child support dischargable in Bankruptcy?

1 Answer | Asked in Bankruptcy for Arizona on Apr 2, 2013

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
Strange question. Overpayment suggests not a debt but a credit. Debts are dischargeable. Credits are an asset.

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Q: If we are in the middle of Chpt 13 but did not include our house, if we have to give it up, are we liable?

1 Answer | Asked in Bankruptcy for Arizona on Feb 9, 2013

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
All debts you owe must be listed in the bankruptcy. Perhaps you mean something different by the word "included"? In order to receive dischage in your chapter 13 case you would need to get the case confirmed, complete all the plan payments for period of 3-5 years depending on whether you are an above median or below median debtor. If you are attempting to go through chapter 13 without the assistance of an attorney, the success rate is miniscule based on statistics. It is simply to difficult...

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Q: How do I retrieve my bankruptcy Filing Date?? It's already discharged. Need it for verification purposes. CA Resident.

1 Answer | Asked in Bankruptcy for California on Dec 28, 2012

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
If you used an attorney, a quick call to him/her will provide you with the answer. If not, there are several ways. If you have the original notice of bankrutpcy filing, which was mailed to you right after you filed the case, you can find the filing date towards the top of this form. If you don't have any paperwork, then you will want to go to pacer at http://www.pacer.gov/findcase.html and look up your case. There may be a small charge for this.

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Q: Are garnishments considered secure debts in a chapter 7?On schedule F how do I list debts that have gone to collection?

1 Answer | Asked in Bankruptcy for California on Jan 16, 2013

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
Not necessarily. Garnishment can be result of an unsecured creditor (such as credit card account) having filed a lawsuit and obtained a judgment. You would list the original creditor information on schedule F, then list any collection agencies on the Creditor's Matrix. If you have been sued in the 12 months prior to filing your bankrupcy case you should also include information about the lawsuit in the form called "Statement of Financial Affairs". The reason for putting the original...

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Q: May a mortgage servicer whose proof of claim was disallowed then move for or receive relief from the automatic stay?

1 Answer | Asked in Bankruptcy for California on Mar 8, 2013

Answered on Apr 10, 2013

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Kathryn U. Tokarska's answer
Probably. Not sure why the proof of claim was disallowed. Generally speaking a secured creditor who is not receiving regular payments can seek motion for relief of stay in order to foreclose on the property. If you are trying to prevent foreclosure and don't have an attorney representing you in your bankruptcy case I strongly urge you to get one.

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