Pennsylvania Bankruptcy Questions & Answers

Q: I've been informed by an email that I was named as a creditor in a bankruptcy case over a month ago but still have not g

2 Answers | Asked in Bankruptcy for Pennsylvania on May 14, 2014

Answered on May 16, 2014

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Rachel Lea Hunter's answer
Why would you receive any legal documents? What kind of bankruptcy was filed? It makes a difference.

First, does the debtor owe you money? Have you sued and recovered a judgment against the debtor prior to filing bankruptcy? Or did you have security interest in anything, like a lien on a car? Who is the debtor? A business or a person? What kind of bankruptcy did the debtor file - a chapter 7 or chapter 13 (if a person)? Or chapter 7 or chapter 11 is a business?

Does...

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Q: If I am married, can I file bankruptcy without my husband?

2 Answers | Asked in Bankruptcy for Pennsylvania on Dec 27, 2012

Answered on Apr 27, 2014

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Mark Medvesky's answer
The quick answer is yes. The challenge is how to divide the bills and assets. But you can do it and should if you need it. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

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Q: My sister is in chater 13, my mother passed,how can I sell her house,as we are both co owners

1 Answer | Asked in Bankruptcy for Pennsylvania on Jan 6, 2014

Answered on Apr 27, 2014

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Mark Medvesky's answer
Call your sister's attorney. The attorney can work with the trustee to get approval to sell the asset. The next issue will be how the proceeds going to your sister are used. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

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Q: New Chapter & Laws from this Januart

1 Answer | Asked in Bankruptcy for Pennsylvania on Feb 27, 2014

Answered on Apr 27, 2014

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Mark Medvesky's answer
You should go back to the attorney who filed the bankruptcy. I do not believe an actual reaffirmation agree is required. I have had this with car loans and people just pay their payments. Talk to his attorney. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

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Q: Filed bankruptcy around 2002, all papers packed away, need bankruptcy number and year, hwere do I get this info?

2 Answers | Asked in Bankruptcy for Pennsylvania on May 6, 2012

Answered on Jan 24, 2014

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Andrew Bresalier's answer
Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.

www.dont-sweat-the-debt.com

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Q: Will corporate bankruptcy of Gmac band affect my mortgage> Does that put my mortgage in jeapordy?

1 Answer | Asked in Bankruptcy for Pennsylvania on May 30, 2012

Answered on Jan 24, 2014

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Andrew Bresalier's answer
Your mortgage will not be affected by the Bky of your lender. At the most it will be transferred to a new lended.

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Q: Where should i file paperwork for a civil matter regaurding a finacial loan in another state.

1 Answer | Asked in Bankruptcy for Pennsylvania on Nov 30, 2012

Answered on Jan 24, 2014

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Andrew Bresalier's answer
This is not a Bky Questions. However, you should file the matter in the county where the collateral is located.

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Q: My separated husband filed bankruptcy on our house without my signature, is this legal?

1 Answer | Asked in Bankruptcy for Pennsylvania on Jun 21, 2013

Answered on Jan 24, 2014

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Andrew Bresalier's answer
Yes it is legal. That should not affect your ownership rights as long as payments are made.

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Q: How do I get a copy of the bankruptcy paperwork filed in 2008?

1 Answer | Asked in Bankruptcy for Pennsylvania on Nov 25, 2013

Answered on Jan 24, 2014

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Andrew Bresalier's answer
Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.

www.dont-sweat-the-debt.com

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Q: I am unemployed, behind in my mortgage and credit card debts. I want to keep my house. Is chapter 7 to way to go?

1 Answer | Asked in Bankruptcy for Pennsylvania on Oct 15, 2013

Answered on Nov 1, 2013

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Rachel Lea Hunter's answer
Can you get current in 30 days n your mortgage?

Further, do you make less than the means test amount? I assume you do because you are unemployed but a chapter 7 will not let you keep your house. If you have no means to get current the mortgage lender will either seek to lift the automatic stay or wait till your bankruptcy is done and foreclose.

Chapter 7 will help with the medical and credit card debts. Chapter 13 will allow you to get current on the mortgage but you will have...

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Q: Is there precedence for splitting a recently filed Ch. 13 Bankruptcy into a Ch. 20 - Separate 7 & 13 Cases?.

1 Answer | Asked in Bankruptcy for Pennsylvania on Oct 16, 2013

Answered on Nov 1, 2013

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Rachel Lea Hunter's answer
Chapter 20s were eliminated supposedly by the Bankruptcy Abuse Prevention & Consumer Protection Act. What this means is that a debtor can no longer file a chapter 7 bankruptcy and get discharge and then file a chapter 13 and get a discharge.

Debtors can still do the chapter "20" (a chapter 7 followed by a chapter 13) but they cannot get a discharge under the 13.

I have never heard of a debtor "splitting" a case. The chapter 20 is where debtors qualify and can file the 7 first...

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Q: I live in pa. I have a case with drs.Debt has been caused by this agencies employees. Can I sue to get my losses back?

1 Answer | Asked in Bankruptcy for Pennsylvania on Aug 14, 2013

Answered on Sep 6, 2013

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Rachel Lea Hunter's answer
Why is this a bankruptcy question?

Spousal or child support has nothing to do with debts. You have an obligation to support your child if this was for child support.

Your suggestion that drs. debts (whoever that is) froze your account makes no sense. No one can "freeze" your bank account. Drs. debts would have had to get a judgment against you first before your bank account can be levied upon. And if you had a judgment against you, then you would have had plenty of notice and...

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Q: What different types of property fall under "tenancy by the entirety" in Pennsylvania for bankruptcy Chapter 7 filings?

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

Answered on Sep 6, 2013

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Rachel Lea Hunter's answer
Tenancy by the entirety is a concept that applies only to the ownership of land.

Pennsylvania allows you either to claim the federal exemptions or the state law exemptions. I don't know what you own, but the state law exemptions are limited to: $300 in any one bank account, clothes, work uniforms, a Bible and a sewing machine. Not very generous. Under the federal exemptions, you get much more including exemptions for a car and land. Take the federal exemptions.

You can file a...

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Q: I have charge cards bills adding up to $12000 do I do a chapter 7 or 13?

1 Answer | Asked in Bankruptcy for Pennsylvania on Apr 26, 2013

Answered on May 3, 2013

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Rachel Lea Hunter's answer
The amount of debt is not the determining factor for you. The question is whether you have assets and whether you make too much money to file a chapter 7. In a chapter 7, you get to keep only what is exempt under the state or federal exemptions. The exemptions in PA are limited, so if you have a house or car, you would probably want the federal exemptions. Assuming that all your assets would be exempt in a chapter 7 the next question is whether you meet the income test. Each state is...

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Q: What are the bankruptcy laws in PA? What is protected from bankruptcy ie home, car, etc?

1 Answer | Asked in Bankruptcy for Pennsylvania on Apr 20, 2013

Answered on Apr 22, 2013

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Rachel Lea Hunter's answer
Your question as to the bankruptcy laws is too broad. What do you want to know? There are 2 kinds of bankruptcy that most debtors can file - either a chapter 7 or chapter 13. Briefly, the difference is that the chapter 7 is a straight liquidation meaning that most are no asset cases. You keep your whatever is exempt under the law and you get a discharge of your dischargeable debt. With a chapter 13, which is for people who (a) have more assets than is provided for in the exemptions and (b)...

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Q: Is SSDI and State disability retirement counted as income when filing chapter 7?

2 Answers | Asked in Bankruptcy for Pennsylvania on Apr 15, 2013

Answered on Apr 18, 2013

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Rachel Lea Hunter's answer
Yes generally but it may depend on what other assets you have and whether you choose the PA state exemptions or federal exemptions. You need to consult your bankruptcy attorney about this.

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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 I find in a bankruptcy report, the person perjured themself by falsifying rent payments, who do I contact?

1 Answer | Asked in Bankruptcy for Pennsylvania on Feb 2, 2012

Answered on May 15, 2012

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Andrew Bresalier's answer
Perjury before the Bky court is a matter for the FBI. Aside from a benefit that you have impeached them and thereby discredited future testimony, you do not receive any "reward". Actually, if they are penalized, this may impede their ability to pay you if you are granted any remuneration.

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