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Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Contracts for Wisconsin on
Q: Should I get a lawyer involved?

Was roped into a 55,000 contract for solar panels because they made me sign for the paper copy of the contract. Didn't know I was signing the actual contract. Now they came to install solar panels did half the job and left. Ive been calling for over a month and just found out the company went... Read more »

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

Yes. Hire a lawyer and sue the seller and manufacturer for breach of contract.

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1 Answer | Asked in Bankruptcy for Washington on
Q: I just have a question regarding voluntary surrender of a vehicle.

Currently working with a lending company that I have paid each month since we financed the vehicle. Currently fiancee and I are in quite the finacial hardship and I asked them if I could pay them on the 3rd, knowing that I will also be making a payment on the 18th as well in March. Payment is due... Read more »

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

Neither. Secure the vehicle and pay as you proposed.

1 Answer | Asked in Bankruptcy for Iowa on
Q: Filed chapter 7 bankruptcy vehicle never repossessed left on my property almost 5 years now can I claim as abandoned pro

Filed chapter 7 bankruptcy vehicle never repossessed left on my property almost 5 years now can I claim as abandoned property?

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

You can try. Laws regarding abandoned property vary from state to state.

2 Answers | Asked in Bankruptcy and Civil Litigation for New Hampshire on
Q: I received a copy of a request for execution (NHSuperiorcourt)for $93,000 from a credit card co. What happens next?
Timothy Denison
Timothy Denison
answered on Mar 19, 2023

They will execute on all bank accounts in your name so you should empty them fast.

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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
William Michael Bryk
William Michael Bryk
answered on Mar 18, 2023

First, check with the Register of Deeds in your county to see whether a lien has been filed against your home. A great deal turns on whether you have a mortgage, as the mortgagee has a lien superior to anything the credit card company may have. If so, check the balance due on the mortgage against... Read more »

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2 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for Florida on
Q: Can Civil Case Contempt affected by Bankruptcy filing?

UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Mar 17, 2023

Make a Motion to Vacate the Stay, and return to the State Court or have your counsel provide the information of the Contempt to the Trustee and present same to the bankruptcy Court

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2 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for New Hampshire on
Q: Judgements/ Writ of Execution explanation

I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.

What exactly does that mean?

William J. Amann
PREMIUM
William J. Amann
answered on Mar 15, 2023

A writ of execution is a formal document issued by a court that authorizes a sheriff to levy upon the property of a judgment debtor. RSA 527:12 (1997) (amended 2000);  5 R. Wiebusch, New Hampshire Practice, Civil Practice and Procedure § 60.02, at 474 (1998).

My firm's primary...
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1 Answer | Asked in Bankruptcy, Divorce and Probate for North Dakota on
Q: In North Dakota, is there a statute of limitations to collect on a mortgage?

Thirty years ago, as part of our divorce settlement, my ex husband signed a mortgage against our farmland to pay me $30,000 over ten years. In return I signed a QCD. He never made the payments and after three years filed for bankruptcy. The bankruptcy court upheld my mortgage and set up a... Read more »

Lucas Wynne
Lucas Wynne
answered on Mar 15, 2023

Likely but you better move fast. Call an attorney who does estates.

1 Answer | Asked in Bankruptcy and Contracts for Texas on
Q: What can I do if my solar installer promise 91% coverage of my prior utility bill and it is only covering about 35%

The solar contractor has since gone out of business and has filed bankruptcy.

John Michael Frick
John Michael Frick
answered on Mar 14, 2023

The company that has filed bankruptcy and is now out of business is no longer a viable defendant.

You might consider looking at the solar panel manufacturer to determine if the installers were simply repeating a representation previously made by the mfr.

2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Probate for South Carolina on
Q: What Federal law allows an Executor of Estate as the only Trustee the court right to sell inherited [mortgage]?

Through Probate [mother willed son to be the Executor and Trustee of their home in South Carolina] whereas the mortgage has gone into the Foreclosure process. He has filed Chapter 7 solely upon the mortgage debt, but the mortgagor will not release the home or accept any offers for said home. What... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 14, 2023

Not sure of your question. But if there is a Ch 7 BR then the Trustee owns the property unless there is an agreed reaffirmation or surrender of the property by the Trustee. The will and probate do not control here if the property did go to him and he went bankrupt. Heirs might file suit and... Read more »

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1 Answer | Asked in Bankruptcy for Maryland on
Q: if i had a payment plan for my chap 7 bankruptcy petition and lost my job during paymt, can i then apply for fee waiver
Timothy Denison
Timothy Denison
answered on Mar 14, 2023

Yes, although I’m not sure what a fee waiver has to do with plan payments bc they are not the same thing.

2 Answers | Asked in Bankruptcy for Alabama on
Q: i’ve been divorced for 16 years. my ex used land deeds in his name only to secure a sba mortgage loan. i signed only as

my credit was higher. i had no collateral at all to secure loan. can i file chapter 7 to get off of loan. i own nothing live on disability and can’t work..

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 13, 2023

Yes, you should be able to file for bankruptcy relief to discharge your obligation to repay that loan.

You should however speak to an experienced bankruptcy attorney in Alabama about this plan, as I am somewhat concerned, from what you say, about the creditor's possible argument that...
Read more »

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2 Answers | Asked in Bankruptcy for Kansas on
Q: I am a 73 year old woman with over $30,000 in credit card debt. If I file chapter 7 do I have to file on every card?

I get social security and a small monthly pension. I live with my daughter, so no personal property other than my clothes and my car. I can pay payments and pay to keep my Menards card and my 2 Bank of America cards. Most of this debt happened when I had to have extensive dental and medical... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 12, 2023

If you file a voluntary bankruptcy petition, you will be signing Schedules of ALL your assets and debts, under penalty of perjury. So yes, you must "file" on every debt you have at the date you file for bankruptcy relief.

That said, you have the option to reaffirm any otherwise...
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2 Answers | Asked in Bankruptcy, Contracts, Business Formation and Business Law for California on
Q: Can i be removed from an Eidl loan? Is it possible to transfer liability with a indemnification agreement/ stake sale?

i am member of an llc and i signed a personal guarantee on an Eidl loan. A member wants to take my stake in the company. Will an indemnification agreement between partys be an option?

Is that be an option or would that be voided by the SBA?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 10, 2023

Generally, an EIDL loan is a loan that is made directly to a small business, and the loan is based on the creditworthiness of the business, not the individual partners or owners. However, it is possible that the loan agreement includes a personal guarantee, which means that the individual partners... Read more »

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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... Read 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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1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for Arkansas on
Q: Howdo I get a dismissed petition chapter13 bankruptcy removed frm my credit report if the filing information wasn't mine

I need help in regards a chapter 13 bankruptcy that all the debts were in ex spouses name but they filed it in my name. Hes Scott free and now they are foreclosing, and I'm still co borrower on the mortgage. How can I do I fix this for my future. Divorce is pending.

Timothy Denison
Timothy Denison
answered on Mar 10, 2023

Contact all three credit bureaus and advise them of the error and provide them with the documentation necessary to correct it. Usually takes about 30-45 days to get corrected.

2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Arkansas on
Q: If the lien is more than the debt, can the debt be forgiven

I was given an RV that has a lien, the rv has been vandalized severely, making the RV not worth more than the lien. Can the lien be forgiven? I am not sure what to do as I need this RV desperately.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 10, 2023

Assuming that the lienholder properly perfected it lien (easy to do), a bankruptcy filing by its owner will not impair or "forgive" the liened indebtedness.

If you file a Chapter 7 case (the *Desnup* US Supreme Court decision), the bankruptcy has no effect, and the lien cannot be...
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2 Answers | Asked in Bankruptcy, Foreclosure and Appeals / Appellate Law for California on
Q: 9th C "show cause why summ affirmation of distrcourt ruling is not appropriate; re:refusal to grant stay of prop sale

manifest injustice is created by Bankruptcy Court's dismissal . 15 people of the unsecured class and their $480,000 owed is completely wiped out. they appeal to the District Court in an emergency stay petition. denied by District Court. they appeal to 9thcircuit from which an order is issued... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 9, 2023

Summary affirmation is an abbreviated form of appeal that is used when the appellate court determines that there are no genuine issues of material fact and that the law supports the lower court's decision. It is typically used when the appeal is frivolous, when the lower court decision is... Read more »

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1 Answer | Asked in Bankruptcy and Gov & Administrative Law for California on
Q: Does a non-dischargeability of debt claim 11 U.S.C. §§ 523(a)(6) and 523(a)(7) apply to administrative proceedings?

I filed for chapter 7 bankruptcy. The trustee abandoned my home back to me and declared my bk a no-asset case. The L.E.A., Local Enforcement Agency, then filed a non-dischargeability of debt claim pursuant to 11 U.S.C. §§ 523(a)(6) and 523(a)(7). The matter is currently under appeal before... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 8, 2023

The question of whether a debt is dischargeable in bankruptcy can be complex and may depend on the specific facts and circumstances of the case, as well as the applicable law. Generally, debts arising from administrative proceedings, such as those before a regulatory agency, may be dischargeable in... Read more »

1 Answer | Asked in Bankruptcy for Iowa on
Q: Can a trustee in a chapter 7 bankruptcy take a structured settlement from a wrongful death? I live off of those payments
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 8, 2023

A quick check indicates that Iowa does NOT recognize the federal bankruptcy exemptions, so you'd be subject to the Iowa state statutes for any exempt property.

I strongly recommend that you speak with an experienced Iowa attorney to determine the nature and extent of exempt property...
Read more »

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