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Questions Answered by Cristina M. Lipan
2 Answers | Asked in Bankruptcy and Employment Law for California on
Q: Filing a claim for unpaid wages. The company filed chapter 11 in the state of Delaware. I need more information.

is there a fee I can collect. Other vendors were paid for their services on the date of the job. In addition they lied for months saying payment was being processed, knowingly this was filed.

Cristina M. Lipan
Cristina M. Lipan
answered on Feb 12, 2024

You will need to file a proof of claim either with the Bankruptcy Court or with the claims agent, if there is one. It depends on the Chapter 11 case. If there is a claims agent, there will be a website with the information needed to file a claim. If not, then you will want to check the Court's... View More

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1 Answer | Asked in Bankruptcy and Employment Law for Texas on
Q: I am a priority claimant and former employee in a chapter 11 case in South Texas. What support is available to me?

My Claim ($560K) has been disputed stating the claim exceeds the statutory limit for priority claims under code 507 (a) (4) and to be moved to "disputed".

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 14, 2023

There is a statutory limit per employee of about $13,500 or so for priority (exact amount depends when the bankruptcy case was filed). The remaining amount of the claim would be reclassified as a general unsecured claim (unless there is another basis for objection). You may want to reach out to... View More

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: When filling out rights to have exemptions designated form, do I have to state that my house is protected by tenancy by

The entirety or is it automatically protected if the creditor attempts to place a lien on our property. I ask because technically it's not an exemption but a form of ownership. Thanks

Cristina M. Lipan
Cristina M. Lipan
answered on Jul 21, 2023

This response is assuming you are completing bankruptcy schedules.

Tenancy by entirety is not an exemption, it is only the type of ownership you have, as you mentioned.

On Schedule A/B you list your ownership interest in the Property (tenancy by the entirety).

On Schedule C...
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3 Answers | Asked in Bankruptcy for California on
Q: What type of Lawyer do I need regarding a collateral assignment on an SBA Business Loan that was part of a bankruptcy?

My husband passed away in September 2022 and he has a Whole Life Insurance Policy with NYL (of which I am the sole beneficiary) that has a collateral assignment on an SBA Loan from a business we closed and filed bankruptcy on in November 2017. My husband and I filed a corporate Chapter 13... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 10, 2023

No, it's a secured claim, they did not need to file a proof of claim, and it is not discharged in the bankruptcy. You should speak to an attorney (bankruptcy or debt relief) to determine whether perhaps the security interest was not properly perfected.

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: What is the difference between a creditor and an expense, Chapter 13?

After consultation with a bankruptcy attorney, he suggested I file a Motion to Dismiss related to my ex's Chapter 13 filing. My main argument is that he omitted currently paying for multiple attorneys. This is important because he has not reimbursed me for child-related expenses due under our... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 2, 2023

If he is required to pay for your attorney by a matrimonial order, this would be a domestic support obligation (DSO), which is not dischargeable in bankruptcy (meaning whatever is not paid through the bankruptcy, he would still owe the balance). Ex remains liable for the DSO regardless of whether... View More

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: When filing a Motion to Dismiss, do I need to be careful about privacy when attaching exhibits?

After consultation with a bankruptcy attorney, he suggested I file a Motion to Dismiss related to my ex's Chapter 13 filing. I am wondering if there are limitations on what exhibits I can file publicly? For instance, I was going to provide his employer's offer letter outlining his bonus... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 2, 2023

Yes, certain information (personally identifiable information) needs to be redacted. See Federal Rule 5.2, a copy available here: https://www.law.cornell.edu/rules/frcp/rule_5.2 (this might not be the most updated version of the rule).

More importantly though, what is it you seek to...
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3 Answers | Asked in Bankruptcy for Florida on
Q: i filed chapter 13 in FL. didn't know i have to give back my tax return. can i get a medical exception?

i do not have 100% going to unsecured debt most of this goes to student loans. do i have any recourse to keep my refund? thank you. if i do not get an exemption, how will they collect the return? wage garnishment? thank you.

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 1, 2023

There's no medical exception. The exemptions are statutory and you might be able to exempt your return, or perhaps part of it. The federal exemptions provide $13,950 as a wildcard exemption, you can use it for anything. But it depends what other assets you might have that you need to exempt.... View More

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4 Answers | Asked in Bankruptcy for California on
Q: How do I find out if someone has filed bankruptcy in my name?

I believe someone has filed a bankruptcy in my name. It came up a few times on a few different background check sites. I’m in California.

Cristina M. Lipan
Cristina M. Lipan
answered on Feb 28, 2023

Go to pacer.uscourts.gov, create an account, and perform a search. Background check websites might just be picking up the name as affiliated with bankruptcy, or another person with the same name. Go to the official government website, Pacer, and search to find out. There may be other people with... View More

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2 Answers | Asked in Bankruptcy on
Q: How do I file a claim for the invoices a company owes me after they file for Chapter 11 bankruptcy?

I owe 2 invoices to a company which declared chapter 11 bankruptcy after the invoice date and now they have stopped responding to my message. The only information I have is that I am listed as one of the creditors. How do I file a proof of claim? I am an overseas independent contrator and not in... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Feb 13, 2023

This depends on the chapter 11 case. If it is a larger case, there might be a claims agent with a website available for filing claims. If not you can also file a claim directly with the bankruptcy court, either by mailing a proof of claim form (form template available here:... View More

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Hello I am currently on unemployment and I am failing to make ends meet at my debt is piling up, is chapter 7 an option?

My car payment is behind and they are talking about repossession i also have defaulted on my credit cards and other debt, I am seeking legal advice on what to do.

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 9, 2023

It's important to note that legal advice cannot be provided on this forum. This is informational only.

The car loan is a secured debt (in the amount of the value of the car), and is not dischargeable in bankruptcy. Bankruptcy might help if you owe a lot more than the value of the car...
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3 Answers | Asked in Bankruptcy and Estate Planning for California on
Q: Is there a trust that can protect my asset (house) from bankruptcy?

I have our house in a revocable trust and need to transfer (or amend) to protect the assets from litigation/bankruptcy.

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 4, 2023

An irrevocable trust would better protect the asset (generally), but there are ways to still get to the asset if it's shown to be a fraudulent transfer. You can't just hide your assets from creditors, and transferring the asset to an irrevocable trust on the eve of bankruptcy (or pending... View More

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2 Answers | Asked in Foreclosure, Bankruptcy and Real Estate Law for Kentucky on
Q: Hypothetically Is there a way to take over someone’s home and loan, (including loan interest rate)

hypothetically a close relative needs to file bankruptcy but I assume she will loose the home in the process so I will take over home and loan then rent it to them theory. The home mortgage is currently and no payments missed

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 22, 2022

She won't necessarily lose the home, but it depends. If she has equity, if she's been up to date on paying her mortgage etc. Your relative would need to speak to bankruptcy counsel re the specifics of her situation.

Re you taking over, that is something you would need to request...
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2 Answers | Asked in Bankruptcy and Construction Law for California on
Q: Can an insurance still be liable to pay for damages after their client has filed for bankruptcy & license revoked?

A licensed contractor was hired to paint my house. They demolished parts, caused many expensive damages, then abandoned job. State Licensing Board investigated, agreed of damage & license was revoked. Contractor hid to not pay. I filed a claim with their insurance with 3 estimates of each... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 20, 2022

Whether the insurer is obligated to pay out on your claims depends on the terms of the insurance policy, but the bankruptcy itself should not affect that.

You need to retain an attorney if you don't have one (an attorney to proceed against the insurer can probably also deal with the...
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3 Answers | Asked in Bankruptcy for Michigan on
Q: Trustee objected to exemptions due to me exceeding limits. Should I amend my schedule C? It is for chapter 7

I have 44,000 in equity for my home, I am still paying mortgage, completed reaffirmation agreement that lender sent. The allowed exemption was 27,900. I have the same issue with my car, I do not own, however there is 7,000.00 in equity, the trustee states I only can exempt 1475.00. I am up to date... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Nov 29, 2022

It doesn't mean anything if no one objected. Most creditors don't, but the Trustee may do so for the benefit of all creditors. If you have exceeded your exemptions, amending your schedules won't make any difference (it is a question of fact, not just about what you assert on your... View More

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2 Answers | Asked in Bankruptcy and Construction Law for California on
Q: If payment for a contractor entered into my chapter 7 bankruptcy, and approved. What of civil suit and mechanics lien?

They charged for work never done, and caused damage. Was preliminary notice needed? Can they force sell my home?

Cristina M. Lipan
Cristina M. Lipan
answered on Nov 17, 2022

The mechanic's lien is a secured claim, secured against the property on which work was done. That doesnt go away just by virtue of the bankruptcy filing. You can file an adversary in the bankruptcy case though to get rid of it, if you believe it is based on fraudulent charges. Also, you want... View More

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2 Answers | Asked in Bankruptcy for Texas on
Q: If you have a house that you need to sell however you are in the middle of a bankruptcy when can you sell the house?

My husband passed away recently from cancer. Because of the expenses, we are in dire straights financially and I will probably have to file for bankruptcy while I try to determine what to do. I need to keep my house long enough to be able to sell it and get the equity+ out of it. The house is... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Nov 9, 2022

Any equity you have in that house (above your exemption) would belong to the bankruptcy estate if you file bankruptcy. Meaning, the Trustee might sell it to take that money to pay your creditors. You may have enough of an exemption to protect that equity, but what is available to you will depend.... View More

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3 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Q: I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month

I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Oct 20, 2022

Once you accumulate a certain amount of money, they will negotiate with your creditors to accept that amount in full resolution of the debt. However, in the meantime, you will be in arrears (not paying), which will affect your credit. Obviously, the debt resolution company keeps a portion of that... View More

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2 Answers | Asked in Bankruptcy for Michigan on
Q: What do I need to do if a company who installed our solar panels filed chapter 7?

We had them installed 3 (ish) years ago, we pay a finance company, not them. I do believe part of what we paid for is a support contact. Do I need to do anything.

Cristina M. Lipan
Cristina M. Lipan
answered on Oct 19, 2022

Chapter 7 bankruptcy means they are no longer operating, so they wouldn't continue providing any services. If there are any funds in the estate available for creditors, you'll want to file a claim for this loss - value of the service contract and perhaps a warranty. There may be no money... View More

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2 Answers | Asked in Bankruptcy and Banking for Florida on
Q: Is it possible to take out a loan from a bank when one of your direct family members is already in debt?

A friend of mine is in college and she tried to get a loan to pay for college, but apparently because her mother is in debt, she isn't able to get a loan.

Edit; this person is 21, She tried to take out a loan originally but they claimed that since her direct family member (her... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Jul 18, 2023

It's probably because your friend does not have credit history yet, and requires a personal guarantor. Mom might not have been approved as a personal guarantor. This is speculation only, I cannot know why the loan was denied.

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3 Answers | Asked in Bankruptcy and Family Law for Indiana on
Q: Hello, I am wondering, Can I sell my home in my name to my spouse if I plan on filing bankruptcy within a few months

We are recently separated, AND it would be for what is currently owed.

Cristina M. Lipan
Cristina M. Lipan
answered on Feb 15, 2023

Maybe. Are you selling it for actual value (equity)? If not, it may be considered a fraudulent conveyance.

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