Questions Answered by Kathryn U. Tokarska

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

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

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

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 ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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.
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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

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

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.
 
 

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

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

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

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.
 
 

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

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

2 Answers | Asked in Bankruptcy Law for Florida on Apr 7, 2013

Kathryn U. Tokarska's answer
You would not list them as a debt on schedules D or F unless there is a past due amount owing to them. But you should list the expense on Schedule J.
 
 

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

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.
 
 

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

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 ...
 
 

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

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

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

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 ...
 
 

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

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 ...