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Connecticut Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Connecticut on
Q: How do I contact the Bankrupcy court when my lawyer is ignoring my calls and won't keep his appointments with me?

I filed a Chapter 13 Bankruptcy in 2021. I've been paying on it regularly and I'm in good standing. A few months ago, my job situation suddenly changed and I would like to modify the payments. I contacted my attorney. Sent him an email and explained why I would like it modified, per his... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

Mary, in your situation, it's important to act promptly to address the changes in your financial circumstances. If your attorney is unresponsive, you have several options to consider.

First, try sending a formal letter to your attorney's office, clearly stating your request for a...
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1 Answer | Asked in Bankruptcy for Connecticut on
Q: Good afternoon, I am requesting help to file for Chapter 7 bankruptcy pro bono. Is there anyone who can help me?

I am a widow and a single mother to my 12 yr old son with a limited income of Widows Survivorship Benefits monthly,

Timothy Denison
Timothy Denison
answered on Jun 8, 2023

Check with your local legal aid society or bar association. They maintain lists of pro Bono and reduced feee lawyers.

1 Answer | Asked in Bankruptcy, Business Law, Contracts and Real Estate Law for Connecticut on
Q: I’m looking to buy a lease-to-own building for $3MM. My concern is, what if the seller files bankruptcy during my lease?
Timothy Denison
Timothy Denison
answered on Aug 25, 2022

He could reject the lease and get out of it if he files bankruptcy. A mortgage and ownership vested in you is a much safer plan.

4 Answers | Asked in Bankruptcy and Foreclosure for Connecticut on
Q: Declaring chapter 7 before foreclosure

My house - supposedly worth around $900,000, will not sell. I have tried for 5 years and am still trying. We stopped paying the mortgage in 2019. i believe they will start the foreclosure soon. We also have $46,000 credit card debt that my husband stopped paying August 2019 in Ct so they have until... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 20, 2022

As it appears you are both eligible for Ch. 7, and desire to do so, make an appointment with a CT bankruptcy lawyer who will answer all your questions.

There is a specific tax code provision pertaining to bankrupts, saying basically if you emerge from bankruptcy without significant assets,...
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2 Answers | Asked in Bankruptcy for Connecticut on
Q: A question about bankruptcy.

A friend filed for bankruptcy in 2015 because a debtor collector firm filed a lawsuit to foreclose on her home. In which her mortgage had been rescinded in 2005 by her attorney because she had incomplete contract with Ameriquest. So since 2005 by her attorney's advised she stopped making... View More

Cristina M. Lipan
Cristina M. Lipan
answered on May 12, 2022

Although the bankruptcy discharge extinguishes the personal liability of a debtor, it does not extinguish an action against the debtor in rem, i.e., the secured creditor’s right to enforce its mortgage lien. As long as the mortgage was valid, the secured claim the lender had against the property... View More

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2 Answers | Asked in Bankruptcy for Connecticut on
Q: I am retired and have a timeshare loan that I can no longer afford. Thought about bankruptcy or just stop paying .

I read they can’t garnish SSI or military retired pay my only income.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 26, 2021

Each state has laws identifying property which is exempt from attachment/garnishment by judgment creditors, and those lists, found in each state's statutes, vary.

The IRS is not bound by those state laws, however.

You can google "Connecticut exempt property", and that...
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1 Answer | Asked in Bankruptcy for Connecticut on
Q: Which type of bankruptcy would you recommend if I want to keep my home? Thank you!

I am now being sued by 2 companies. I would like to file for bankruptcy but not include my home.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 13, 2021

When you file for bankruptcy relief, no matter which chapter, you must list ALL of your assets, under penalty of perjury. In other words, you must "include" your home, and all other assets, by identifying it on the sworn Schedules you must file.

Ch. 13 was designed, and is most...
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2 Answers | Asked in Bankruptcy for Connecticut on
Q: Can I either leave my federal student loans out of chapter 7 bankruptcy or keep paying them so they are not defaulted

I am on an income driven repayment plan working towards PSLF. I have to file chapter 7 bankruptcy due to husbands bad money management. I don't want my loans to pause or go into default or in any way be affected by the bankruptcy. Is that possible? I have to stay on track so I am done paying... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 29, 2020

When you file for bankruptcy relief, you must file Schedules listing all of your debts and assets. And you must sign those Schedules under penalty of perjury. So, no, you cannot leave your student loans, or any other debt (or claim against you even if you don't think you owe it), "out... View More

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2 Answers | Asked in Bankruptcy for Connecticut on
Q: my father has CC debt. if he files bankruptcy, can they go after his Investment accounts? one is a IRA and CMA
Christopher H. McCormick
Christopher H. McCormick
answered on Jun 29, 2020

The IRA as a retirement account would be treated as fully exempt in a bankruptcy filing and these funds would remain his. If the Cash Management Account is not part of a retirement account he still may be able to use his federal wild card exemption to exempt some or all depending on the amount of... View More

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1 Answer | Asked in Bankruptcy, Estate Planning and Real Estate Law for Connecticut on
Q: Ex spouse died .i as the ex husband have name in title and deed if home .no will .no one has come forward to claim.

I want to walk away from this problem bcuz i cannot pay the mortgage.can i walk away from this home?the house cant get sold because she died without will .i just want to walk away and not deal with this .what are my options.

Timothy Denison
Timothy Denison
answered on May 8, 2020

Quitclaim then house to the mortgage holder and walk away.

3 Answers | Asked in Bankruptcy for Connecticut on
Q: Do I put the amount that shows in my 401K or the amount I am able to withdraw on Schedule A/B?
Alan S. Dambrov
Alan S. Dambrov
answered on Feb 14, 2020

All assets have to be listed at full value regardless of your intention to deal with it. Most likely it can be exempted, that is not included in the bankruptcy process, but the answer can only be determined by a thorough review of all assets, liabilities and cash flow. If you have a substantial... View More

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3 Answers | Asked in Bankruptcy for Connecticut on
Q: If I have 110,000 in a 401k is that exempt and how do I put it on the form
Alan S. Dambrov
Alan S. Dambrov
answered on Jan 23, 2020

Basically you have to list the asset and exempt it on Schedule C for a chapter 7. This is a fundamental issue in bankruptcy law. With this amount of money at stake you should consult with a bankruptcy attorney. Other bankruptcy chapters may require different treatment. Good Luck.

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2 Answers | Asked in Bankruptcy for Connecticut on
Q: I'm filing a emergency bankruptcy paperwork and I was wondering if I can extend the two period
Timothy Denison
Timothy Denison
answered on Dec 17, 2019

Yes. You have to file a motion for extension....

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2 Answers | Asked in Bankruptcy for Connecticut on
Q: Schedule A/B, What do I put on current value of the entire property and current value of the portion you own?

Car value of 5593 and payments balance of 14220 left to pay.

Christopher H. McCormick
Christopher H. McCormick
answered on Sep 17, 2019

Based on your question you should hire an experienced local bankruptcy attorney to file bankruptcy for you to make sure you answer all questions accurately and fully on your schedules and statements. Inaccurate and incomplete schedules may result in the dismissal of your case or lead to other... View More

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1 Answer | Asked in Bankruptcy for Connecticut on
Q: I filed for chapter 7 last year and it was discharged and closed. Can I reclaim my portion of assests that were bought?

I owned part of my grandmas house and also half of a boat. The trustee bought out the house from my uncle and boat from my brother. Do I have to take my name off everything regarding those like the deed and registration? Would anything ever happen if I didnt? Can I ever reclaim my portion back from... View More

Timothy Denison
Timothy Denison
answered on Jul 6, 2019

No. The assets which were purchased were used to pay your debts. Unless the trustee abandoned interest, you no longer have any ownership in the assets.

2 Answers | Asked in Bankruptcy for Connecticut on
Q: Can the executor of an estate transfer a $20K IRA claim in bankruptcy, from the estate to the executor?

12/31/1998 my father purchased an IRA from Tri-National Development Corp by way of Pensco Custodian FBO, for $19,132.66. On 2/23/2006 Pensco transferred a bond to my father for $18,423, after Tri-National filed for bankruptcy. Bankruptcy proceedings are ongoing under US Bankruptcy Court, Southern... View More

Alan S. Dambrov
Alan S. Dambrov
answered on Feb 8, 2019

Yes, attache a copy of your appointment. If you have any questions about the form, call the clerk of the Bankruptcy Court. Good Luck.

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2 Answers | Asked in Bankruptcy, Consumer Law, Social Security and Collections for Connecticut on
Q: If someone has a student loan debt, can they take if from the person's Social Security?
Christopher H. McCormick
Christopher H. McCormick
answered on Nov 10, 2018

Yes up to 15% of your social security benefit if it is a federal student loan. No if private student loan.

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1 Answer | Asked in Bankruptcy for Connecticut on
Q: How do you determine your interest in an llc when you’re a silent partner
Timothy Denison
Timothy Denison
answered on Oct 7, 2018

You have to determine what % of ownership the silent partner investment represents and claim that % as an asset.

2 Answers | Asked in Bankruptcy for Connecticut on
Q: I am a silent partner in an llc. I only own 1.85 percent of the business. Can I file chapter 7
Alan S. Dambrov
Alan S. Dambrov
answered on Oct 4, 2018

Whenever you prepare and file a bankruptcy petition and related documents you must list all assets and debts. Your share of the LLC is an asset. Depending on the value of your share, you may be able to exempt it from being liquidated and distributed to your creditors. This one of the issues that... View More

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3 Answers | Asked in Bankruptcy for Connecticut on
Q: Can I ever get a credit card again if I file for bankruptcy?
Stuart Nachbar
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Stuart Nachbar
answered on Aug 17, 2018

Yes you can. How.long before you can get one depends on what type of bankruptcy you file

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