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Pennsylvania Bankruptcy Questions & Answers
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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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My husband and I filed a chapter 7 and now Afterpay the pay later company closed my account. Can they do that?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 13, 2022

Yep. Pretty much all the credit card issuers by now have software that alerts them whenever one of their credit card holders files for bankruptcy, and, electronically, the bankrupt's access to future credit is terminated (at least until entry of the bankruptcy discharge, and then the debtor... Read more »

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3 Answers | Asked in Bankruptcy, Appeals / Appellate Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Can I file bankruptcy if I have a judgement against me that I can't afford to pay.
Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Nov 8, 2022

Absolutely. Judgments are one of the main reasons that individuals chose to file bankruptcy. You may want to move quickly as once the creditor receives the judgment, they can engage in post-judgment activities like garnishment or seizure of assets.

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I live in Elk county, Pennsylvania. Where and how do I find a bankruptcy from 2016?

If my ex wife filed for bankruptcy while we're separated and before divorce without my knowledge what can I do about it?

Timothy Denison
Timothy Denison
answered on Nov 3, 2022

Look on pacer.gov. Depends on what happened with her bankruptcy and how it negatively affected you.

1 Answer | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: My Friend unknowingly bought a meth lab. How can he get out of the home without losing all his money?

They have very little money and the home owners insurance won't help them. The previous owner denies it was a meth lab despite heavy evidence to the contrary. However they have no money to sue in court. The house is under a mortgage. Its also unsafe to live in. They need to leave the home if... Read more »

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Did your friend order an inspection as part of the purchase process? Did the lender require an inspection or appraisal before approving the loan?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I'm filing a chapter 7 bankruptcy in November of 2022. How long after it's discharged can I try to purchase a house??
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 15, 2022

There is no particular law/statute that prohibits your request for extensions of credit after entry of a discharge order in your bankruptcy case.

However, as a practical matter, because the filing of your bankruptcy will be picked up/shown by the credit bureaus as a "public...
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2 Answers | Asked in Bankruptcy and Consumer Law for Pennsylvania on
Q: I own an llc that is in terrible debt. Can I sign it over debt and all and walk away??

Just curious if I sign the LLC over will that transfer the debt to that person as well or will I still be responsible. The LLC is almost 3 years old and has not shown a profit. I want to claim bankruptcy but someone else wants to take on the ownership and debt but not pay me anything... I would... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 20, 2022

As a general rule, the debt belongs to the entity, not you, so you (personally) would not be liable for the debt. In this case, you could just walk away. HOWEVER, there may be other issues that might prevent you from doing this. If you signed a personal guarantee, then you would be still liable for... Read more »

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My new husband has been in a chapter 13 bankruptcy for 4 years with 1 year left. We just got married. His attorney

wants copies of my pay stubs. I said “no” I have nothing to do with this. This was before we were married. Can the court subpoena my pay stubs? I have no official court order demanding that I provide my pay stubs. Can I refuse since I have nothing to do with his bankruptcy?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 15, 2022

The Bankruptcy Trustee can subpoena them. This is a situation called "change in circumstances" and allows the Trustee to request and augment the Plan in light of same. I would comply with your Husband's Counsel and discuss same with him/her

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1 Answer | Asked in Bankruptcy and Identity Theft for Pennsylvania on
Q: Can I sue a man from Instagram? A six month relationship using bitcoin I sent him money. He manipulated me to send 40k.

He said he was in the Air Force and he first needed a new phone as it was damaged from his travel to Isreal. Then surgery as he collapsed he needed an electric wheelchair. Then flights, three attempts to fly for a personal vacation. I sold my car I sold my townhouse to fly him home. On the day he... Read more »

Timothy Denison
Timothy Denison
answered on Aug 27, 2022

Yes you can sue him but how are you going to find him.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Pertaining to the crypto company celsius and their bankruptcy filing - Am I subject to claw back?

I withdrew funds that I deposited in the 90 day window prior to Celsius filing for chapter 11. Would I be subject to a claw back of my own funds that I deposited and withdrew according to their terms of service?

Edit: It was in their earn account that I earned interest on. Small amount... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Aug 10, 2022

Preferences under Section 547 of the Bankruptcy Code only pertain to payments made on account of antecedent debt - this doesn't apply to your situation. However, there may be other theories available to seek return of those funds to the Celsius estate, for example, as a fraudulent conveyance... Read more »

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I filed an appeal of dismissal of a bankruptcy order. Is the automatic stay still in effect since appeal is pending?
Daniel Edward Mueller
Daniel Edward Mueller
answered on May 3, 2022

The automatic stay ends when a bankruptcy case is dismissed. It does not continue during an appeal. Therefore, creditors may proceed with collections, including foreclosures and repossessions, at least until the dismissal is reversed.

Although the automatic stay is typically reimposed upon...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I filed appeal to an Order Granting Relief from Automatic Stay in Brutpcy Court, Is the stay in effect pending appeal?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 27, 2022

No, and if you do not file a motion for stay pending appeal, addressed first to the bankruptcy court, and if denied, then to the US District Court (the appellate court in bankruptcy cases), your appeal may be dismissed as moot if the creditor obtains foreclosure sale or other irreversible steps... Read more »

2 Answers | Asked in Bankruptcy and Collections for Pennsylvania on
Q: I'm being sued in PA by a law firm representing a debt collector. How to proceed?

My wife had messaged me our US mail preview and asked what a district court letter was about. I could read who was sending it through the scanned envelope. I panicked and called the law firm to start my payments again. They sent me a contract/form for me to sign stating that as long as I pay them a... Read more »

Daniel Edward Mueller
Daniel Edward Mueller
answered on Apr 21, 2022

It appears that you've reached a new settlement with a judgment creditor whereby the creditor agreed not to take action to collect on the debt if you pay according to a specific schedule. Assuming you have these terms in writing, you should be able to enforce the settlement, if the creditor... Read more »

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2 Answers | Asked in Bankruptcy and Business Law for Pennsylvania on
Q: Should I file bankruptcy?

I started a business with my dad when I was 19 in 2014. Neither of knew absolutely anything about running a business. So we created a partnership through legal zoom (first mistake). We carried on business as usual and messed up filing our taxes so had somebody fix it. Then 2 years later we split... Read more »

Daniel Edward Mueller
Daniel Edward Mueller
answered on Apr 2, 2022

As you are not incorporated, closing the business will not eliminate your personal liability. Although bankruptcy may be the solution, it will take a detailed examination of your overall financial situation to be certain.

That being said, Chapter 7 bankruptcy may help you eliminate most or...
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1 Answer | Asked in Bankruptcy and Real Estate Law for Pennsylvania on
Q: I have the opportunity to buy a house thats in bankruptcy chapter 13 thats my moms. What can i do or how can I buy

Buy seeing she in bankruptcy

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 30, 2021

Right now while the seller is in a five year plan chapter 13 bankruptcy is not the time for her to sell her real property. The Trustee would have a substantial interest in it, and might take all the proceeds except a homestead exemption amount. If the chapter 13 is dismissed then you might... Read more »

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I'm a joint applicant on my daughter's car loan. Are they going to consider this my exempted vehicle for bankruptcy?

I'm in Pennsylvania. I'm being sued and am concerned about losing my vehicle.

I have a consultation with an attorney next week but I'm trying to ease some anxiety before then.

TIA

Timothy Denison
Timothy Denison
answered on Jun 5, 2021

As long as your daughter pays the car loan she should not be affected. They will consider whichever vehicle you claim an exemption on as your exempted vehicle. That designation is solely up to you do you should not lose your own car.

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I called the sheriff about a writ of execution from a credit card debt. He said I did not have to worry about my stuff

My stuff being taken and that if they are not the correct bank accounts I'm ok

Timothy Denison
Timothy Denison
answered on May 6, 2021

What is your question?

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1 Answer | Asked in Bankruptcy and Probate for Pennsylvania on
Q: Death with complete but non-discharged bankruptcy. Car title is tenants in common Dad/son. Goal: transfer title. How?

The bankruptcy will not be discharged until next year. The trustee is receiving monthly payments and that cannot be paid off early. Is it possible to transfer the title to the name executor of the will WITHOUT the will being registered?

Even if the son on the title IS the executor?

Timothy Denison
Timothy Denison
answered on Oct 26, 2020

No. Not possible.

3 Answers | Asked in Bankruptcy and Foreclosure for Pennsylvania on
Q: Can a bank put your dads house after he dies in son's name with out telling them the kids did not open up a estate

They put the house in kids name in 2017 the kids did not know it till they got foreclose notices also bank told 1 of the kids the bought if for a dollar however the kids never gave any money 4 house

Timothy Denison
Timothy Denison
answered on Aug 20, 2020

More information is needed, however, the answer is very likely, no.

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2 Answers | Asked in Bankruptcy and Real Estate Law for Pennsylvania on
Q: If I file for bankruptcy and own a property in a HOA, what happens when I have a balance with them?
Timothy Denison
Timothy Denison
answered on Aug 11, 2020

It is probably a lien against the property and will still have to be paid.

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