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Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Kansas on
Q: Situation: chapter 13 debtor passes away before closing of case. Executor of estate, debtor's daughter, assumes

Responsibility. Debtor's sibling pays remainder of case with agreement all property released from case goes to him. Estate executor lies and withholds some property. What can sibling do to receive said property? Is this fraud in any form?

Timothy Denison
Timothy Denison
answered on Dec 8, 2022

It is fraud in every form and the debtors sibling should file suit against the estate and the executor personally.

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Ohio on
Q: Can a civil defendent whose case is stayed by bankruptcy, file a counterclaim in the same, and ask for damages? In Ohio.
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 6, 2022

You don't identify which party is the debtor in bankruptcy.

The automatic stay is triggered by the filing of a bankruptcy case, and prohibits any action against the debtor or property of the debtor's bankruptcy estate (which is very broadly defined).

If the proposed...
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2 Answers | Asked in Bankruptcy, Business Law and Contracts for Colorado on
Q: We paid a company 30k to build an online business. After two years, the company filed for chapter 7. Can we do anything?

The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 4, 2022

You would have to reduce the cause of action to a judgement by filing a lawsuit and going through that process. This process will depend on the language in any contracts executed or if there was no contract the state procedural and conflict of law rules.

Once you have a judgement you would...
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2 Answers | Asked in Bankruptcy, Business Law and Contracts for Colorado on
Q: We paid a company 30k to build an online business. After two years, the company filed for chapter 7. Can we do anything?

The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... Read more »

David Luther Woodward
David Luther Woodward
answered on Dec 4, 2022

The First thing you do is find out where the matter is pending.

The Second thing you do is find a creditor's bankruptcy lawyer there.

The Third thing you do is follow his advice.

Good Luck

d

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1 Answer | Asked in Bankruptcy for Florida on
Q: Are there any pro Bono lawyers for chapter 7 bankruptcy.
Timothy Denison
Timothy Denison
answered on Nov 30, 2022

Yes. Check with your local bar association or legal aid society.

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... Read 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... Read more »

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2 Answers | Asked in Bankruptcy for Missouri on
Q: Hey! I was wondering if I needed to include past food stamps I received in my bankruptcy even if I no longer receive?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 27, 2022

In a word, yes. For both Schedule I and the "means test" reflected in Official form B-122, your annualized income from all sources includes food stamps (note that the means test reaches back six months from the date of filing of the bankruptcy).

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2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Maine on
Q: What are my options for getting out of this cosign situation?

I cosigner a car loan a few years ago with my girlfriend at the time. We broke up, and she refused a pay it, and has been on the run to stop ot from getting repossessed. I can't afford to pay it. What are my options? I live in maine.

Timothy Denison
Timothy Denison
answered on Nov 26, 2022

Find the car, repossess it if your name is on it, then sell it and pay the proceeds on the loan. There’s really no other way for you to get out from paying its. If your name is not on the title, then you’ll need to sue her to resolve this.

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: If I file for bankruptcy can that clear a debt for an overpayment for the social security administration?
Richard George Fonfrias
Richard George Fonfrias PRO label
answered on Nov 22, 2022

Great Question!!

An overpayment of social security benefits can be discharged in bankruptcy. Since it is a general unsecured nonpriority debt. It just happens to be owed to the government. But, the Social Security Administration (SSA) can object  if it determines that the overpayment was...
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1 Answer | Asked in Bankruptcy for Florida on
Q: I have $1200 in assets and over $60,000 in student loans - can student loans be discharged if I file for bankruptcy?

I have no car, no land, no house, and no business. I have been unable to work/go to school (I had to drop out) the past few years because of serious mental health issues (I've been to residential treatment twice in the past two years). I have complex-PTSD and have been experiencing very acute... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 17, 2022

It may be possible based on your circumstances. Please seek qualified counsel in your jurisdiction. It would probably have to be by adversary complaint, so make sure counsel knows what they are doing

1 Answer | Asked in Child Custody, Child Support and Bankruptcy for Oregon on
Q: can i discharge legal fees that are awarded for a custody but specifically NOT for support that i owe the other party,

my ex started a petition to change parenting time and custody and won custody and is now asking for thier legal fees. child support was never has never been part of this process nor in any of the motions or petitions simple custody and parenting time. i want to discharge these legal fee in a... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 17, 2022

First and foremost, I recommend that you consult with Counsel experienced in this type of matter in your Jurisdiction.

Second, I would say, it depends on how it is written in the State Court, because 11 U.S.C. 523(a)(15) is a catch-all for any types of Orders in the matrimonial court not...
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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... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Would a court typically grant permission to take out a 401k after a job loss?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 16, 2022

The working presumption in a Ch. 13 case is that the debtor will retain and manage his assets, and that is set when a Plan is confirmed (there are provisions to modify a plan after confirmation).

There is also a Bankruptcy Code provision that states that a debtor must first procure court...
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2 Answers | Asked in Bankruptcy for Michigan on
Q: Would a court typically grant permission to take out a 401k after a job loss?
Timothy Denison
Timothy Denison
answered on Nov 16, 2022

Possibly, yes.

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Can I withdraw my 401k if im in chapter 13 bankruptcy?
Timothy Denison
Timothy Denison
answered on Nov 16, 2022

Not without permission of the court.

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1 Answer | Asked in Bankruptcy, Foreclosure, Civil Litigation and Collections for Arizona on
Q: Is there a different type of writ of garnishment required to garnish the account of the defendants sister?

I've received credible information that the defendant is hiding a large amount of money owed to me within her sister's bank account. Is there a different type of writ of garnishment required to garnish the bank account of the defendants sister? How do I get around the defendants name not... Read more »

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

You cannot garnish the sisters account if you do not have a judgment against her.

1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Civil Litigation for Arizona on
Q: Is it possible to reverse the transfer of ownership due to fraudulent notarization?

I received a judgment in a lawsuit. The defendant transferred ownership of a newly Mercedes-Benz purchased just before a lien or writ of execution could be filed. The paperwork was illegally notarized by an out of state Notary. Is it possible to file a claim to reverse the sale and file a lien or... Read more »

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

All of the above.

1 Answer | Asked in Bankruptcy for West Virginia on
Q: If a cram down in paid in full during a Chapter 13, is the loan considered paid upon a dismissal of Chapter 13?

In my Chapter 13 I had a cram down on one of my vehicles. While in the plan, the amount agreed to was paid in full. About a year later, I voluntarily dismissed my Chapter 13 and wanted to know where that vehicle stands as far as being paid off or not.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 15, 2022

In a Ch. 13 proceeding, an Order of general discharge is entered upon completion of the confirmed Plan. If you dismissed before that time, no Discharge of debt was entered. As a result, upon dismissal, you were returned to the position you were in immediately prior to the filing of the... Read more »

3 Answers | Asked in Bankruptcy for California on
Q: Can I use the money i have to pay contractor suing me in civil for attorney? I am going thru bankruptcy at the moment?

I have tried to settle out of court and have offered paying more. They want payment for work never done to home.

Harlene Miller
Harlene Miller
answered on Nov 15, 2022

Your inquiry requires more information. Are you in a pending bankruptcy? If so, is it Chapter 7 or Chapter 13? Did you include the contractor as a creditor in your bankruptcy? Please provide more information in order to receive an appropriate response.

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