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Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Illinois on
Q: I have a chapter 13. I am not able to make this monthly payment. I have a financial emergency. will my case be out

I have never missed a payment before. I have been short once, but never missed a payment. will my case be automatically dismissed. I've tried to get in touch with the trustee. . .line always busy.

Timothy Denison
Timothy Denison answered on Sep 24, 2021

No. It can be deferred until the end or recalculated under a plan modification.

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2 Answers | Asked in Bankruptcy and Social Security for Washington on
Q: My only Income is social security. I’m looking For pro Bono bankruptcy info in the Everett WA.
Timothy Denison
Timothy Denison answered on Sep 23, 2021

Call your local bar association or Legal Aid Society.

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2 Answers | Asked in Bankruptcy on
Q: What is the responsibility of a son whose father made huge debts to the tune of 175L and died with zero property
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 22, 2021

Unless the son received some significant portion of the father's run-up of debt prior to the father's death, but within the time limitations of applicable "fraudulent transfer" statutes, there should be no legal liability of the son for the father's debts.

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2 Answers | Asked in Bankruptcy for New York on
Q: Need a response for answer on complaint

Plaintiff does not seek an award of attorney fees contractual or statutory interest after the date of charge-off including any poor judgment interest and expressly disclaims any right it may have to the same

Michael David Siegel
Michael David Siegel answered on Sep 21, 2021

You chose bankruptcy as the category. I do not understand your question, and would need to see the document about which you are inquiring.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: I'm answering a complaint. And it says plaintiff does not seek an award of attorney fees contractual or statutory

Interest after date of charge off. How do I answer this correctly? Thanks

Timothy Denison
Timothy Denison answered on Sep 21, 2021

Much more info is needed to answer your question. Are you seeking attorney fees?

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1 Answer | Asked in Bankruptcy, Landlord - Tenant and Collections for Texas on
Q: Can I take action against Texas Rent Relief for abuse?

My application (which I submitted in March) was neglected, handled improperly, and went against protocol for the review process. It is still in review today. As a result I was forced to either face eviction or not renew my lease at my appartment. When I contacted the program, they specifically... Read more »

Timothy Denison
Timothy Denison answered on Sep 20, 2021

Doubtful. The state has sovereign immunity.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Do I have to file his income with mine
Timothy Denison
Timothy Denison answered on Sep 20, 2021

Yes, if you two are living together.

1 Answer | Asked in Bankruptcy on
Q: My parents have declared bankruptcy. I am a minor but old enough to work. Can I work?

Hello. I am a minor and am still living with my parents, but I want to start working to save up for college and to gain some independence. My parents have declared Bankruptcy for their own reasons and they are currently taking the surplus income route and I’m not sure if my income from my work... Read more »

Timothy Denison
Timothy Denison answered on Sep 20, 2021

You can apply for employment if you wish.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Do I have to file my husband income if we not together but live in the same house if I file chapter 7.
Randall R. Saxton
Randall R. Saxton answered on Sep 20, 2021

Yes, you must include his contributions to the household.

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3 Answers | Asked in Bankruptcy on
Q: I'm suspicious about all this.

Hi, my brother received an email from someone around 2 months ago. Well sh was on her deathbed and wanted to give her possessions which was bunch of money in her bank to my brother. And she gave him the email of her bank advisor so he could contact him. The whole thing is very suspicious to me... Read more »

Timothy Denison
Timothy Denison answered on Sep 20, 2021

It’s most likely a scam. Don’t send them any money snd don’t take the risk.

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3 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for California on
Q: WE'RE PLAINTIFFS IN CIVIL SUPERIOR CASE X 3 YRS AND WANT TO STOP CASE, HOW DO WE MAKE SURE WE WON'T PAY ANYDEFENSE FEES?

We need help with how we should word the motion filed to withdraw vs dismiss or what to call it? What is the best way to go about doing this to be 100% sure we are not responsible for the defendant's attorney fees and can the defense come back and try to sue us after we either withdraw or... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2021

you really want to have an attorney contact them to try to get some money and then when they say no, to ask if I can get them to drop/dismiss the case, we would want a release agreeing that each side shall bear their own costs.

if they know you are going to give in, then they may not agree...
Read more »

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2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Collections for Indiana on
Q: I wrapped a huge rv for a company.Spent every dime I was given on vinyl and installers and a garage large enough to fit

The rv and then the clients didn't like the rv outcome told me to remove all that was done and now they say I can have criminal charges how so?They didn't like the outcome and said remove.I spent all the money given on this wrap to now I feel I need to file bankruptcy.I have no money to... Read more »

Timothy Denison
Timothy Denison answered on Sep 18, 2021

There is no criminal conduct in what you described. Cease all communications with them. There is no money to refund.

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3 Answers | Asked in Bankruptcy for Arizona on
Q: can a debt collector find out were my checking and savings acct is located in another state from were i was served,

i was served in a suit for a debt collection by a debt collector , the suit is for $6000, can i close a savings acct in another state from were i was served ,

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 16, 2021

Assuming that the creditor has not yet taken a judgment against you and issued a writ of garnishment, yes, you are free to do what you like with your assets.

You should be aware, however, that if a judgment or judgments are at some point entered against you, the creditor may have an...
Read more »

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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Legal Malpractice for Maryland on
Q: I was given 2 responses but I dont know how to respond directly. I signed with my current Attorney in Oct of 2019.

Came up with a plan - started paying the bankruptcy each month. Paid into it March through November of 2020. My attorney filed something incorrectly - case was dismissed for a month. Started getting calls from creditors. He corrected it - I'm back in the bankruptcy. Bankruptcy approved in Dec... Read more »

Mark Oakley
Mark Oakley answered on Sep 16, 2021

You can get a second opinion from another experienced bankruptcy lawyer, who will need to review your case and the filings in it. If there is something new that can be done, other than what is being done, then they will tell you. If there was malpractice, then they can identify it for you and... Read more »

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2 Answers | Asked in Bankruptcy and Legal Malpractice for Maryland on
Q: Currently in an active chapter 13 and I'm pretty sure my attorney royally screwed up. I need to know if I have a case.

If so - I want all my debt cleared and mine and my spouses credit score back to the 700's. If you are willing to look at my case - please let me know. I really could use some help

Anna L Self
Anna L Self answered on Sep 15, 2021

No one an give you an opinion on this board without reviewing your case. And even if your attorney "screwed up royally" there is not way to get your credit score to the 700s.

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1 Answer | Asked in Bankruptcy and Consumer Law for Florida on
Q: What steps do I take if a debt collector sues me for 2year old debt
Timothy Denison
Timothy Denison answered on Sep 14, 2021

Pay it or hire an attorney and defend it.

2 Answers | Asked in Bankruptcy for Delaware on
Q: Does my state's "Doctrine of Necessaries" mean I, unemployed, can't expect a ch7 discharge if my spouse makes an income?

I'm very confused by Delaware state code's "duty to support" clause and how it applies to my bankruptcy case. The clause says each spouse has the duty to support the other, so my wife is technically responsible for my ER bills? But the subsequent clause states that this duty... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 14, 2021

Section 109 of the Bankruptcy Code determines who is eligible for relief under each of the different bankruptcy "chapters", e.g., 7, 13, 11, etc.

Federal law, it is often said, is the "supreme law of the land", and that is certainly true where a determination of who may...
Read more »

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1 Answer | Asked in Appeals / Appellate Law, Bankruptcy and Constitutional Law for Missouri on
Q: Format for notifying US AG, US Senate, House Committees on Bankruptcy of challenge to constitutionality of Code ?

Can an Article I judge deprive the US Court of Appeals of subject matter jurisdiction ?

Timothy Denison
Timothy Denison answered on Sep 14, 2021

No.

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