Lawyers, Answer Questions  & Get Points Log In
Questions Answered by W. J. Winterstein Jr.
1 Answer | Asked in Bankruptcy and Tax Law for Alabama on
Q: Currently in chapter 13 bankruptcy in the middle district of Alabama, I know we have to report our taxes yearly, but do

They take our tax refund entirely? Or do we get to keep it?

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

In a Chapter 13 bankruptcy, while all of your assets, including any expected tax refund, must be disclosed in the Bankruptcy Schedules that must be filed in the case, a debtor retains all his property, unless he chooses to surrender it to a secured creditor, or sell it, as part of the proposed... Read more »

1 Answer | Asked in Bankruptcy for Texas on
Q: Do I need a lawyer for this
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 9, 2021

For what? Lol

If you meant to ask whether you need a lawyer to file a bankruptcy case for you, the answer is No, you can file pro se, BUT,

If you represent yourself, well, there's an old saying that a lawyer who represents himself has a damn fool for a client.

If you...
Read more »

2 Answers | Asked in Bankruptcy and Tax Law for Michigan on
Q: I’m in a chapter 13 in Michigan. The tax refund portion of my case is silent. Will I get a refund if so how much?

My chapter 13 In Michigan tax refund portion is silent. Will I get a refund? If so how much am I an entitled to keep if this is silent. I really wouldn’t mind them keeping it if it paid my case off faster but this pandemic has put me out of work and I need all of my refund or pretty close to it.... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 9, 2021

Your Plan (whether before confirmation or thereafter) can be modified.

Your Plan commonly identifies the source of your funds, current and in the future, that will be used to make payments to the Plan, and routinely, that source is your current and future earnings.

It is at least...
Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Indiana on
Q: Can I cover money in the checking account with the Indiana wildcard exemption?

I know each filer has $400 allowed in the account, but can we exempt our tax refund with the wildcard exemption?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 9, 2021

If you use the Federal exemptions, and do not use the "wild card" on other property, yes.

And pursuant to Indiana Code Title 34. Civil Law and Procedure § 34-55-10-2(c)(11), your income tax refund should be exempt as well.

I'm in PA, and bankruptcy debtors can choose...
Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Louisiana on
Q: My fiancé hired a bankruptcy attorney and filled chapter 13 2 years ago in Mar h 2020 he had to convert to a chapter 7

Due to losing his job and unable to find work Due to COVID. The chapter 13 included $15,000 in irs debt and we were told everything in the chapter 13 would be included in the chapter 7, we even have emails from the attorneys legal assistant indicating they were included and the judge signed off... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 6, 2021

There's only one "kind" of Ch. 7 bankruptcy cases, and the Bankruptcy Code is a federal law, so applies equally in every state.

When a bankruptcy case is filed and the sworn Schedules are completed and filed, EVERY claim/debt must be listed, with creditor's name and...
Read more »

View More Answers

3 Answers | Asked in Bankruptcy for District of Columbia on
Q: I filed chapter 13 December 3,2020. A creditor/credit union debited my account 7 days prior.How do I recover those fund

I thought it was a certain number of time that debt would have to be returned to the person once they filed bankruptcy. I reside in Virginia.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 5, 2021

Generally, a debtor or bankruptcy trustee can recover payments over $600 to any unsecured creditor within ninety days preceding a bankruptcy filing, as a "preferential transfer".

But that's not true about secured claims (debts secured by collateral).

Credit unions...
Read more »

View More Answers

5 Answers | Asked in Bankruptcy for California on
Q: My estranged husband and I are going through a divorce, in September 2020 he filed for bankruptcy listing me as a credit

It was discharged December 2020 however I pulled his petition and he lied regarding his income. He failed to list his live-in girlfriend and her income towards household bills and he also claims our son lives with him when he signed over his rights for visitation a year ago. Has seen our son 8... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 2, 2021

A bankruptcy discharge can be revoked for fraud, but it must be initiated within 6 months of the entry of the discharge order.

The Bankruptcy Schedules are signed under penalty of perjury. If a bankruptcy debtor attests to a deliberate lie in the Schedules, the penalty for perjury is 5...
Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Louisiana on
Q: Can I cancel a reaffirmation for a car that has a co-signer on it, without the cosigner being affected?

My re-affirmation for my vehicle was approved in my chapter 7 bankruptcy. When I purchased the car, my dad co-signed for me. My car now needs repairs that are too expensive given the value of the car. I want to cancel the reaffirmation and turn over the car and purchase a new car. What happens... Read more »

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

Unlike a Ch. 13 bankruptcy, the filing of your Ch. 7 bankruptcy did not stay the vehicle lender's rights against any non-bankrupt co-signer on your loan.

Your father remains liable to the lender on the obligation. If the creditor accepts surrender of your vehicle, and then sells the...
Read more »

View More Answers

1 Answer | Asked in Bankruptcy for New York on
Q: chapter 11 Bankruptcy, small business with a single creditor,

I will have no consenting class, Will it be impossible to get a cram down? his nonsecured class will get nothing, his secured class will get chapter 7 value, the secured collateral is not worth as much as the debt, so the creditor will object on the both secure and the non secured class.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 22, 2020

I'm in SE Pennsylvania, and my district, your case would be kicked out of bankruptcy court inasmuch as its a dispute between only two parties, your business and the one creditor.

And even if you could somehow get over that hump, you'd still need at least one class of impaired...
Read more »

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My brother passed away no kids or wife. No will that we can find. There are four remaining siblings, who becomes the

executor of his estate or how can I become the executor.?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 17, 2020

In intestate (no will) cases, an Administrator, or Personal Representative, not an Executor, or Executrix, is appointed,

But each serves the same fiduciary function, to gather up and maximize the value of the estate for the benefit of the legal heirs.

The PA statutes designate the...
Read more »

View More Answers

2 Answers | Asked in Bankruptcy, Consumer Law, Civil Rights and Education Law for Kansas on
Q: Can I sue a University if there degree is useless and didn't advance my career?

I'm in healthcare and have been a clinical associate, CNA and dental assistant. I graduated KU with a 147 credit bachelors of general studies. Now I have a bunch of student debt and the only jobs available for me pay the same or less than before I received my degree and I'm at risk of... Read more »

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

On the few facts you provide, it seems that you got what you enrolled and paid for at KU. I assume that you chose your field of study leading to your degree.

That may change somewhat if you have something from KU, in writing, promising you a better paying job/career than what you already...
Read more »

View More Answers

7 Answers | Asked in Bankruptcy for California on
Q: Would it be hard for me to file my own bankruptcy without a an attorneys help? I would be filing a chapter 13
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 10, 2020

Anybody with about $300 to pay the required filing fee tribute to the Court can file a bankruptcy petition, and complete and file the required Schedules and statements (the Official Bankruptcy Forms are available online).

But, there's wisdom in that old adage about one who represents...
Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Bankruptsy case closed vs discharge

Can a bankruptsy case that has been closed, be reopened to include debts and assets intentionally left off by attorney and debtor??

Thanks, this is a very helpful law forum.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 7, 2020

"Debts and assets intentionally left off".

If it's a Chapter 7 case, and the discharge has been granted, adding the omitted creditors may not expand the coverage of the Discharge to the newly added debts.

The bankruptcy Schedules are signed by a debtor under penalty...
Read more »

5 Answers | Asked in Bankruptcy for California on
Q: Can I voluntarily surrender cars and timeshares after chapter 7 if I have not completed a reaffirmation agreement
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 3, 2020

If by "after chapter 7", you mean after you've initially filed your bankruptcy case but prior to the entry of Discharge, the Bankruptcy Code allows you three options for dealing with secured claims (debts for which collateral such as a car or a mortgage has been given):... Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Virginia on
Q: I am in Chapter 13, been in it for 2 years. I am selling my. home and moving out of state. Will i be able to keep any of

the proceeds? I am a 100% PT disabled veteran with a wife and kids.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 3, 2020

If your Ch. 13 plan has been confirmed, and I assume it has after 2 years, what you do with the assets you retained under your plan should not require an adjustment of the confirmed plan payments.

In my district, in eastern PA, the Ch. 13 trustee is proactive, and if a sale of the house is...
Read more »

3 Answers | Asked in Bankruptcy for California on
Q: Superior court matter stayed due to bankruptcy auto-stay… does that remove jurisdiction from state court?

We brought an administrative mandamus action in State Calif Superior court against local city agency for land use decision on a property whose prior owner was in Chapter 11 bankruptcy. Superior court judge ordered that due to auto stay provisions(11 USC 362), no further proceedings until AFTER... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 2, 2020

The automatic stay in a bankruptcy case simply prohibits actions, or the continued prosecution of actions, against the debtor or his property. If the debtor no longer has an interest in the property subject to the California state court action, and there is no threat of liability of the debtor in... Read more »

View More Answers

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... Read more »

W. J. Winterstein Jr.
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... Read more »

View More Answers

1 Answer | Asked in Probate for Pennsylvania on
Q: Joint owner of deceased significant other checking account .inheritance tax ?

My significant other , added my name to his checking account prior to his death ,on 9/21 2020 .

He added my name to the account 9/15 2020. I closed the account few days after death transferred the money to my account , we both had the same bank. He had No will , no other assets . I... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 28, 2020

In PA, transfers of assets as gifts within 8 years of the date of death are considered to be "in contemplation of death", are by law are included in the taxable estate of a decedent.

The PA "death tax" has no exemptions, and taxes the very first dollar in a...
Read more »

1 Answer | Asked in Collections for Pennsylvania on
Q: Is it legal for an rental property to reject your rental application because you have debt in collections.
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 22, 2020

Yes, a landlord/property owner in PA has the right to reject your offer to lease his property. If the "collections" entry in your credit report is erroneous, you can attack it by disputing the entry through each or any of the credit bureaus, and if the entry is deleted, you can renew... Read more »

2 Answers | Asked in Bankruptcy for Nebraska on
Q: My ex husband filed chapter 7 bankruptcy. What happens to our mutual debt with both of our names on it?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 16, 2020

His obligation to repay that debt is/will be discharged. Your joint obligation to repay will not be discharged, so you're still on the hook for the whole debt.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.