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Mississippi Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Mississippi on
Q: I filed Chap. 7 four yrs ago and now looking to file Chap. 13 am I required to pay back all credit card debt?

Or can some of it still be discharged?

Randall R. Saxton
Randall R. Saxton answered on Jul 27, 2021

If it has been more than 4 years since you filed your Chapter 7, you are now eligible for a discharge in a Chapter 13. The portion of your unsecured debt that you will repay in a Chapter 13 will dependent upon your actual current income and expenses.

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2 Answers | Asked in Bankruptcy and Lemon Law for Mississippi on
Q: Bankruptcy and a repo

My vehicle was repossessed. I want to file emergency ch 13 and get it back

Lloyd M. Nolan
Lloyd M. Nolan answered on Jul 6, 2021

You'd better move quickly! You may need to pay the repossession charges, depending on the procedure in your district.

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1 Answer | Asked in Bankruptcy and Car Accidents for Mississippi on
Q: I’m in a chapter 13 and was involved in a car accident. My car was a total loss . Is there anyway I would be able to

Get the check for the insurance to get another since I’m paying for the car in the bankruptcy ? Since no one will give me a loan to get a car because my credit is low the first thing that shows up is the ch. 13 bankruptcy so it’s an automatic no. Or is there any option out there for someone in... Read more »

Timothy Denison
Timothy Denison answered on May 29, 2021

You will have to let the trustee know and get permission from the court before you can receive the proceeds to buy a new car.

2 Answers | Asked in Bankruptcy, Business Law and Mergers & Acquisitions for Mississippi on
Q: What happens to business debt if I buy a company for less than the company owes?

Owner of business wants to sell company and business assets to me. Business debt is greater than asking price. Asking price takes care of owners personally guaranteed debt, and there would still be $80,000 in an outstanding EIDL loan. Would I be inheriting the debt with the company? Or should I... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 15, 2020

I pracrice in PA, but almost all states have some version of what's also called a Bulk Sales Law, and by that law, a debtor cannot sell all, or a substantial portion, of his business assets and leave creditors hanging, so the law provides that the debt follows the assets. Even where a state... Read more »

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3 Answers | Asked in Bankruptcy for Mississippi on
Q: I filed chapter 13.My hearing is in 3 weeks. Thing is I don't want to pay 5 yrs....can I change my mind.what will happen
Randall R. Saxton
Randall R. Saxton answered on May 12, 2020

Section 1307(b) states that on request of the debtor at any time… the court shall dismiss a case under this chapter.

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can I keep my one rental property (only income source) and my home in chapter 7 bankruptcy?

I own two home. One I use as a rental property for income and it is my only source of income. I also own a house with my husband that we live in. Can I keep both? Not a joint filing, only me. My name is on the mortgage for one house and his on the mortgage for the other. But both of our names are... Read more »

Timothy Denison
Timothy Denison answered on Apr 4, 2020

Depends on the value and how much equity you have in the houses. You should consult a bankruptcy attorney to guide you through this.

3 Answers | Asked in Bankruptcy for Mississippi on
Q: I have 15,000 in medical bills, no credit card, vehicle is fully owned, no other loans or bills. Can I file bankruptcy
Randall R. Saxton
Randall R. Saxton answered on Feb 18, 2020

Yes, if you qualify, dependent upon the Chapter of bankruptcy.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: can a lender foreclose a home in your name if it was discharged in bankruptcy court 2 years prior?
Stuart Nachbar
Stuart Nachbar answered on Oct 21, 2019

Yes, they can foreclose on the Property, but they may not get a judgment against you personally (unless you Reafffirmed) and may not get a deficiency judgment against you

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2 Answers | Asked in Bankruptcy and Divorce for Mississippi on
Q: If in chapter 13 jointly with your wife and you get a divorce can you file chapter 7 legally?
Clark Dray
Clark Dray answered on Sep 26, 2019

You'll need to talk to your attorney (or get one if you don't already have one. In many jurisdictions, but not necessarily MI, the first step would be to bifurcate (split in two) your chapter 13 case. Then you and your wife have separate cases. At that point, your attorney can seek to... Read more »

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1 Answer | Asked in Bankruptcy and Traffic Tickets for Mississippi on
Q: In Mississippi are speeding tickets considered a civil penalty? If so would it be possible to include one in a chapter?

Chapter 7 Bankruptcy , civil traffic fines

Dalton Middleton
Dalton Middleton answered on Sep 8, 2019

A traffic ticket is not dischargeable in a Chapter 7 bankruptcy.

1 Answer | Asked in Bankruptcy and Consumer Law for Mississippi on
Q: I believe the statutes of limitations on delinquent credit card debt in Mississippi is 3yrs. When does that 3yrs, start

Is it from the date of the last payment made on the account or does it start 180 days after the last payment made on the account

Randall R. Saxton
Randall R. Saxton answered on Aug 7, 2019

The statute of limitations starts on the date of last activity on your account. This could be the date you last made payment, but it could also be the date you last used the account, made a promise to pay, entered a payment agreement, or acknowledged liability for the debt.

1 Answer | Asked in Bankruptcy and Small Claims for Mississippi on
Q: I need assistance filing a motion to Lift a Stay for post-petition debt.

We have a judgment against a person who was already in bankruptcy when she incurred the debt with us.

Timothy Denison
Timothy Denison answered on Jul 24, 2019

There are any number of forms online that you can use as a template for the motion.

1 Answer | Asked in Bankruptcy, Contracts and Collections for Mississippi on
Q: Medical bill from 2014. I have been making payments. They just added a charge from October of 2014 to my acct.

Bill was 317.40 as of 2/15. I have made 2 $50 payments since then and my bill from 3/14 shows a balance of 473.40 with a new charge of 164.99 from 10/2014.

Timothy Denison
Timothy Denison answered on Mar 20, 2019

What is your question?

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can a husband or wife legally file bankruptcy without the other knowing about it in the state of MS.?

It would seem to me that both signatures are required since a bankruptcy would affect both people in the marriage. Is it legal that my husband is doing this? He will not disclose the attorney to me so that I can ask.

Timothy Denison
Timothy Denison answered on Mar 15, 2019

A spouse does not have to include the other spouse in a bankruptcy, regardless of whether that is a good decision.

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: My wife is seeking divorce an we just filed chapter 13 bankruptcy how will that be taken care of

Our house an vehicles are in the bankruptcy will the bankruptcy be nulled an all assets be taken back or can we just start paying the notes again

Timothy Denison
Timothy Denison answered on Feb 5, 2019

Ideally, you should consult a lawyer who practices both in divorce and bankruptcy. As to how to proceed. Certain actions are prohibited and certain actions are not.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I need help in finding legal aid to file for bankruptcy

I am unemployed.

Timothy Denison
Timothy Denison answered on Nov 29, 2018

Contact your local bar association or local legal aid society. They will assist you.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: My disposable income will change on Jan 1 for three years. How/when do I file? Will trustee take changes into account?

Live in government run retired military home (Armed Forces Retirement Home – independent agency of the Executive branch). Announced a HUGE fee increase. Fees to go from $1458 to $3054 a month. Aggressive letter writing campaign – Congress ordered three years phase in. (Ordered by law – in the... Read more »

Timothy Denison
Timothy Denison answered on Nov 23, 2018

You lost it in your petition and explain the increases. The trustee will take it into account.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I've filed for chapter 13 and have been paying on it for over two years. I kept my vehicle but would like to sell it or

trade it in. Can I and how would I do that?

Timothy Denison
Timothy Denison answered on Sep 29, 2018

You need to get permission to do that from the court.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Will my pension be considered an asset if I file for bankruptcy?
Timothy Denison
Timothy Denison answered on Jun 4, 2018

Yes. However, you may protect it by using one of your exemptions for certain property.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Recently gave a house I owned to daughter. I still own my residence with a loan on I can repay

I just have another personal loan i just cannot pay it has no Collateral. my car is paid for as well as all my credit cards i am a widow with VA check benefits on my deceased spouse who i get benefits on related to agent orange in Vietnam. Can I still keep my Veterans benefits and able to file... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Apr 9, 2018

The VA benefits are not an issue. However, your giving the home to your daughter is an issue, and a trustee may be able to sell the property to pay your creditors.

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