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Kentucky Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Kentucky on
Q: When a bankruptcy case is filed do all claims or lawsuits against you get dismissed?
Jonathan Hodge
Jonathan Hodge
answered on Nov 11, 2022

Most will but there are exceptions to discharge. The most common non-dischargeable debts are domestic support obligations, student loan debt, and most tax debt owed to federal, state or local governments. Debts from misrepresentations made to get credit, debts arising from fraud, "willful... Read more »

2 Answers | Asked in Bankruptcy for Kentucky on
Q: If you have filed chapter 13 in 2020 and it was discharged, would I be eligible to file chapter 7?

My husband unfortunately has entered a rehab facility and is not able to help with our bills.

Stuart Nachbar
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Stuart Nachbar
answered on Oct 14, 2022

If you filed a Chapter 13 in 2020, how are you discharged already? If you got your discharge in 2020, it depends more on when you filed the Petition, as that is the controlling moment

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1 Answer | Asked in Bankruptcy and Civil Litigation for Kentucky on
Q: My brother sold his restaurant owes me half of the money hes claiming to want to file bankruptcy to avoid paying me ?

He has a clerk job he makes about $1400 clear a month after taxes He has also defaulted in a civil lawsuit

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Aug 29, 2022

Your brother seems to qualify for filing bankruptcy. He makes very little income. There may be a problem for him in that if he sold the restaurant, there should be maybe money left over or money to be accounted for. There is also a requirement to keep records. He could make a gross income of... Read more »

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Bought shed, have receipt I pd her $6000 & it wasn't financed. Shed repoed & she's filed bankruptcy. What do I file?

Bought shed from marketplace from a lady. She wrote a receipt stating that it was paid for in full previously by her and it was not being financed anywhere. Before I had a chance to get it moved the finance company re-Po'ed it and now she refuses to give my money back. She texted me and told... Read more »

Timothy Denison
Timothy Denison
answered on Aug 26, 2022

File a proof of claim in the bankruptcy and hire a lawyer to file an adversarial proceeding against her in the bankruptcy.

2 Answers | Asked in Bankruptcy for Kentucky on
Q: My brother sold his restaurant owes me half of the money hes claiming to want to file bankruptcy to avoid paying me ?

He has a clerk job he makes about $1400 clear a month after taxes He has also defaulted in a civil lawsuit

Jonathan Hodge
Jonathan Hodge
answered on Aug 24, 2022

If he files a bankruptcy, you will need to file a proof of claim that shows you are a creditor entitled to payment.

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: I've been using a new credit card in chapter 13 will it cause my case to get dismissed?

My fiance is making the payment for me and its not really effecting my budget and i am up to date and current on all my payment in my bankrupcy and the credit card. I really dont want to draw this to my lawyers attention. Will this cause my case to be dismissed

Timothy Denison
Timothy Denison
answered on Jul 29, 2022

Probably not but you should stop using the card until the bankruptcy is completed.

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: My new wife took out a credit card in my name. I am in a chapter 13. What will happen?

My new wife took out a credit card in my name. I am in a chapter 13. She used my info, I didn't know about it, what will happen?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jul 14, 2022

What you describe sounds like a post-filing debt, which would not be discharged in your Chapter 13. I have no doubt that your jurisdiction forbids incurring new debt, (including credit cards) without Court permission. (No Court in my experience would EVER grant permission). I agree with Mr.... Read more »

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: In Chapter 13 with my ex-husband, if he does not turn in his tax returns, what happens and how can I protect myself?

We filed together approx 2 years ago, prior to divorcing, and this if the first year we are having to turn in our tax returns, but I received a motion stating he had not done this. I do not know how to protect myself in this situation. He has a car with my name on it and I have a car with both... Read more »

Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Jun 20, 2022

The bankruptcy case will be dismissed if the ex does not pay the tax refund. I fail to see why you would be in Chapter 13 unless you have a large income, a large amount of assets, student loans, or income taxes which you need to manage in Chapter 13.

You may want to be dismissed from the...
Read more »

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Chapter early dismissal

If a lawyer was to request a early payout on a chapter 13 how does that work exactly and what is the turn around time for all of that? I am 3 years into plan and want to request a early out or early payout

Timothy Denison
Timothy Denison
answered on Jun 16, 2022

Do you mean an early payoff of the plan.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: What am I being asked for in my bankruptcy case, from chapter 7 order to debtor of documents I need to submit to trustee

“Copies of all notes, security agreements, loan disclosure statements and other documents relating to loan transactions to which the debtor is a party” Say it in layman/is this about my personal loan already included in the case that I am declaring bankruptcy on?

Timothy Denison
Timothy Denison
answered on May 7, 2022

Yes it is, but it also pertains to any and all other loans you currently have. Best to turn over all loan documents for any loans you currently have, whether you are discharging them or plan to repay them.

1 Answer | Asked in Child Support and Bankruptcy for Kentucky on
Q: Can a creditor garnish my wages if my child support payments are withheld from my paychecks?
Timothy Denison
Timothy Denison
answered on Apr 11, 2022

Yes, but the amount depends on your total earnings

1 Answer | Asked in Bankruptcy for Kentucky on
Q: I don't understand not qualifying for the automatic stay.
Timothy Denison
Timothy Denison
answered on Mar 21, 2022

Everyone initially qualifies for the automatic stay upon filing. However, as the case progresses, the Court may grant relief from the stay to any party as deemed necessary.

2 Answers | Asked in Bankruptcy for Kentucky on
Q: I'm on SSDI. I have filed a 13 in 2018 and dismissed.. I have a 7 in 2012. A business partner left unexpected .

I need relief again with increases in all areas of my situation now

David Luther Woodward
David Luther Woodward
answered on Mar 21, 2022

You didn't ask a question directly, but the implication is whether you can file under your facts.

The short answer is Yes, but you may not qualify for the automatic stay--your lawyer will have to file a motion to have that granted.

Sorry to hear your plight, but go see a good...
Read more »

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: How to check if a judgement was filed in a bankruptcy?
Timothy Denison
Timothy Denison
answered on Mar 5, 2022

Go to pacer.gov, create an account, then look up the case in question.

2 Answers | Asked in Bankruptcy for Kentucky on
Q: My siblings and I own each an 1/8 interest in a property. My brother is filling bankruptcy. What happens?
Lloyd M. Nolan
Lloyd M. Nolan
answered on Oct 25, 2021

I'm not licensed in Kentucky, so you should consult an attorney licensed in your State. In most States your brother's 1/8 interest would not be exempt under law. What that means is that his bankruptcy estate would include his 1/8 interest and the bankruptcy trustee would be entitled to... Read more »

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1 Answer | Asked in Bankruptcy, Traffic Tickets and Car Accidents for Kentucky on
Q: Can a police officer backdate citations?

Bumped into a car when reversing out of a parking spot Halloween of 2020. No damage, victim didn’t want to call police. Found out when contacted my insurance company, my coverage lapsed. Got that taken care of but first week of December 2020, victim called police to have police report done. Ended... Read more »

Timothy Denison
Timothy Denison
answered on Jul 16, 2021

No. They cannot legally backdate citations or reports.

3 Answers | Asked in Bankruptcy, Contracts and Banking for Kentucky on
Q: Son totalled his truck, insurance expired, owes 26K to bank. Junk yard won't take vehicle. Bankruptcy solve problem?
Lloyd M. Nolan
Lloyd M. Nolan
answered on May 7, 2021

That would be one solution, assuming that bankruptcy makes sense otherwise. If he has low income, owns little or nothing, and has other significant deaths, this could be a reasonable option.

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1 Answer | Asked in Bankruptcy and Landlord - Tenant for Kentucky on
Q: filing a chp 13 bankruptcy, and i am n an house with a month to month lease, will the automatic stay prevent eviction
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Apr 18, 2021

No the automatic stay does not protect you automatically from a lanlord eviction. However there is a section of the bankruptcy code that allows you to pay the rent you are behind on into the court and force the landlord to accept it. Then you can finish the remaining months of your lease. This... Read more »

3 Answers | Asked in Bankruptcy for Kentucky on
Q: Took tenant to small claims judge ruled in my favor but says she is filing bankruptcy can she add that to bankruptcy?

If so does that mean she doesn’t have to pay me what the judge ordered her to pay and is there a way to stop her from not paying us and adding it to the bankruptcy when she files? We filed the case in small claims before she ever started to file for bankruptcy but now she’s saying her lawyer is... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 15, 2020

While she can add the back rent to the Bankruptcy, she cant just live there for free. If she is a Chapter 13, she has to bring current and stay current

If a Chapter 7, she either has to pay or get out

I HIGHLY recommend that you seek out counsel in your jurisdiction that can assist...
Read more »

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2 Answers | Asked in Bankruptcy and Animal / Dog Law for Kentucky on
Q: We broke up, I took the dog. All the vet stuff is in my name, and I've paid for it. Is it my dog?

He hasn't been chipped. But he may have been registered by the breeder.

Timothy Denison
Timothy Denison
answered on Aug 26, 2020

Have the dog chipped and registered to you and then it’s your dog.

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