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Washington Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Washington on
Q: I have a joint mortgage with a family member and they are going to file for ch 7 bankruptcy.

I am the one making payments. Should I be worried . Does this affect my home? could they take it?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 22, 2021

As against the bankrupt, a mortgage or note provision that the filing of a bankruptcy triggers and acceleration of the debt has been held to be unenforceable by most courts.

And so long as the mortgage debt is being paid as due, most mortgage lenders/servers are happy and would not attempt...
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2 Answers | Asked in Bankruptcy and Social Security for Washington on
Q: My only Income is social security. I’m looking For pro Bono bankruptcy info in the Everett WA.
Timothy Denison
Timothy Denison answered on Sep 23, 2021

Call your local bar association or Legal Aid Society.

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2 Answers | Asked in Bankruptcy for Washington on
Q: Bankruptcy Ive a creditcard& a carpmt from same credit union. If I file can they sue me or can those be included in ch7

So I have my car and credit card from the same credit union. And I am not able to afford either payment. Hints trying to file chapter 7. If I file would I be able to get both of them written off? Or will they go after me and sue me for filling?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 31, 2021

No one can hope to prevail by claiming some sort of damage simply because you have filed for bankruptcy relief. If you meet the eligibility requirements for the bankruptcy chapter of your choice, you're bullet-proof from any such claims.

However, it may be that some creditor may seek...
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2 Answers | Asked in Bankruptcy and Divorce for Washington on
Q: Can I go bankrupt post divorce to avoid paying a property settlement while still keeping my home? Chapter 13?

basically my wife has taken everything and I want to keep our home. I will have to buy her out, but will need to file chapter 13 after. Can I include this settlement to avoid having to pay her. I have already paid over $50K in alimony and $80K in attorney fees,

Timothy Denison
Timothy Denison answered on Jul 20, 2021

No. You cannot bankrupt a divorce settlement.

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3 Answers | Asked in Bankruptcy for Washington on
Q: Will chapter 7 eliminate a civil judgment? What about others listed on the judgment not filing?

Husband and I are filing chapter 7 to discharge a civil judgment. However our son is also on the judgment, will they come after him after we file?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 20, 2021

In a Ch. 7, the automatic stay, and the permanent injunction included in the final Discharge, only protects the debtors who file the bankruptcy case. Assuming that the civil judgment is not for a non-dischargeable kind of debt (e.g., fraud, willful destruction, and specified kinds of personal... Read more »

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1 Answer | Asked in Bankruptcy, Banking, Collections and Small Claims for Washington on
Q: Can we fight this and at least stop the repo?

The co signer for my car filed for bankruptcy so now the bank won’t let me pay. When I try, it says that it’s covered under the bankruptcy. Now the bank is coming after my car if I don’t pay for all the missed payments. So they won’t let me pay but now they want all the money “I owe”

Timothy Denison
Timothy Denison answered on Sep 21, 2020

They can’t repossess your car while the co-signers automaton stay is in place. Hire a lawyer and let him straighten out the issues between you and the lender going forward.

1 Answer | Asked in Bankruptcy for Washington on
Q: We have our 341 meeting first thing tuesday, our mailing address did not get put on our paperwork. What will happen?

Our attorney is out of town for the holiday weekend. We have our court date/time but hadn't received anything from the court directly. Went back and looked at our paperwork. Only our physical address is on them not our mailiing.... is this going to be a problem? We have no time to file... Read more »

Timothy Denison
Timothy Denison answered on Sep 4, 2020

No. Both you go and take your drivers licenses and social security cards. If you do that, everything should be fine.

1 Answer | Asked in Bankruptcy for Washington on
Q: Will be filing bankruptcy due to a divorce. I am upside down in my vehicle because of it by about $10k- see details

Considering trading this car in on a much cheaper vehicle and putting the 10k on a credit card so I'm not upside down in a vehicle before I file.

Is this a good idea, or a horrible idea for filing chapter 7? I don't want to be upside down in a vehicle, and really need to start completely over.

Timothy Denison
Timothy Denison answered on Aug 13, 2020

Consult a bankruptcy attorney before you do anything. Divorce obligations are NOT dischargeable in bankruptcy.

2 Answers | Asked in Banking, Bankruptcy, Business Law and Intellectual Property for Washington on
Q: What kind of an attorney do I need if there are issues with divorce, fraudulent bankruptcy, property, and business.

He also made me very sick. I have been blocked from seeing any documents. I am in need of a attorney ASAP

Robert C. Hahn III
Robert C. Hahn III answered on Jun 4, 2020

The short answer is, you need an attorney that understands both family law and bankruptcy law or two lawyers that know each individual area of law to work together.

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1 Answer | Asked in Bankruptcy, Real Estate Law and Civil Litigation for Washington on
Q: What kind of lawyer deals with a Timeshare Bankruptcy resulting in a lawsuit. Real Estate? Litigation?
Timothy Denison
Timothy Denison answered on May 6, 2020

Yes. Real Estate or Timeshare Purchase Companies.

1 Answer | Asked in Bankruptcy, Personal Injury and Medical Malpractice for Washington on
Q: I need an expert opinion. Do I have a good claim against the Purdue pharmaceutical bankruptcy.

Washington State, Snohomish County. Prescribed oxycodones for pain in my feet from 1997 till 1999. Became addicted to opiates been in and out of treatment, have multiple felony drug cases which I've done prison time for. Also had a child born with neonatal abstinence syndrome.

Timothy Denison
Timothy Denison answered on Apr 13, 2020

You need to do a a malpractice attorney who will review it and then have an expert review it and the expert will tell you whether it is viable or not.

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Social Security for Washington on
Q: I need to sue ORS in utah for illegally garnishing my concurrent ssd/ssi benefits for 7 years. How do i do this?
Timothy Denison
Timothy Denison answered on Feb 8, 2020

Contact a competent debtors rights attorney near you who can lay out your options.

1 Answer | Asked in Bankruptcy for Washington on
Q: I'm currently in a chapter 13. My roof is leaking and needs replaced. Can i get a loan or financing for replacement?
Timothy Denison
Timothy Denison answered on Feb 4, 2020

Probably, but you need to seek permission if the court before incurring any new debt.

1 Answer | Asked in Bankruptcy for Washington on
Q: Do you know any probono lawyers in spokane wa area? I can't afford any more debt.
Timothy Denison
Timothy Denison answered on Nov 26, 2019

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

2 Answers | Asked in Bankruptcy for Washington on
Q: What forms do I need for a chapter 7 and is there a packet
David Gormley
David Gormley answered on Nov 26, 2019

You can check the bankruptcy court's website for information on the forms.

Here is the website for western district. http://www.wawb.uscourts.gov/csReadyToFile

They also have information on representing yourself. At the very least get a consultation with a bankruptcy...
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1 Answer | Asked in Bankruptcy for Washington on
Q: I purchased an airline ticket

] I purchased an airline ticket in January w/credit card. I had to file bankruptcy due to health reasons. I recieved my discharge in may. The credit card that is used to purchase the ticket I included in bankruptcy. I owed them a balance when I filed bankruptcy. Come to find out the airline owed... Read more »

Timothy Denison
Timothy Denison answered on Oct 5, 2019

Yes. The refund was a set off against the debt. Unless the trustee wants to pursue it as property if the estate, it’s gone.

1 Answer | Asked in Bankruptcy for Washington on
Q: Can a garnishment be stopped. I don't think I can bankrupt. But am willing to make payments easier to handle. 11k
Timothy Denison
Timothy Denison answered on Aug 16, 2019

Not likely except by agreement with the creditor. Make sure you can’t bankrupt before you move forward.

1 Answer | Asked in Consumer Law, Bankruptcy, Foreclosure and Real Estate Law for Washington on
Q: How could misapplied mortgage payments found after an agreed tpp be rectified on borrowers behalf?

I found a payment that was applied to principal curtailment that in turn caused late fees and missed payments. Other fees down the road could the error change the outcome of where i am now?

Timothy Denison
Timothy Denison answered on Jul 18, 2019

Yes. Dispute it on your credit report and with the lender. You should get on this ASAP bc it can materially affect your credit rating.

2 Answers | Asked in Bankruptcy for Washington on
Q: Hi im filing Chapter 7 bankruptcy

I also found a lawfirm that removes information from my credit, do those 2 things conflict if done at the same time?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 5, 2019

Removing derogatory information in your credit report does NOT absolve you of the underlying debts that caused the information you want removed. Filing a Chapter 7 may result in getting rid of some or all the debts--but your credit report will then contain that information.

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