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Questions Answered by W. J. Winterstein Jr.
3 Answers | Asked in Bankruptcy and Estate Planning for Utah on
Q: Is prior "Small Business Administration" debt inherited after marriage?

My partner has a SBA loan from 2019. Will it become my debt after we get married?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 24, 2022

On those simple facts, no. You marry the partner, not his/her premarital debts. You would only become liable for the debt if you consented, e.g., by assuming the obligation with a writing signed by you for some new consideration.

But, if, for instance, you somehow participated in your...
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1 Answer | Asked in Bankruptcy for Colorado on
Q: I installed solar in April and now find out the company is going bankrupt. (Empire Solar Group, Chapter 7, Salt Lake Ciy

Will this effect my warranty? My rebate? Do I have to join this lawsuit? I have until 1/28/22 as the deadline. Case # 21-23636

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 21, 2022

In a corporate Ch. 7 case, the corporation almost always ceases operation immediately, terminates its employees, etc., and a bankruptcy trustee steps in and liquidates the assets of the business.

Under these circumstances, your warranty is pretty much worthless. There's nobody there...
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3 Answers | Asked in Bankruptcy and Workers' Compensation for New York on
Q: If your in a chapter 13 bankruptcy since 2018 and got injured in 2020 and now getting settlement is this exempt
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 21, 2022

New York is one of the states that does not permit a debtor to choose between the federal and state exempt property lists, so if your bankruptcy case is in NY state, your exemptions are limited to those provided by the NY statutes.

It appears that NY does recognize a limited exemption for...
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2 Answers | Asked in Bankruptcy for Tennessee on
Q: If I’ve already filed Chapter 13, isn’t it illegal for them to repossess my vehicle while it’s under bankruptcy protect?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 21, 2022

At the moment a bankruptcy case is filed, the automatic stay is triggered. The stay prohibits all creditors from taking any action against you or your property to collect a dischargeable debt.

If a secured creditor, e.g., the holder of a lien on a vehicle, wants to repossess, it must...
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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: My son is 100% beneficiary for an account he was left...

My son is 100% beneficiary for an account he was left...myself and my sister Are co-executors of the will (50-50) my sister is trying to get part of the account that my son is 100% beneficiary even though it’s in the will that her and I are co-executors does she have legal rights to the account... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 21, 2022

Assuming the will has been admitted to probate, its provisions about the disposition of assets is controlling. If the will has not yet been submitted to the probate court, you should do so without further delay.

Where there are co-executors, one cannot take action without the agreement of...
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3 Answers | Asked in Estate Planning for Pennsylvania on
Q: My grandfather died without a will. My mother is deceased. can his 4 granddaughters all be executors of his estate?

We are told there can only be 2 executors. The 4 of us want to co-execute his assets so that they are handled properly and fairly. Please advise.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 21, 2022

Perhaps a better, or at least additional idea, is to prepare a written "family agreement", with each of the heirs at law signing off, providing for how the estate should be administered, even as to specific assets, and then present that written agreement to the probate court.

Of...
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3 Answers | Asked in Bankruptcy for Ohio on
Q: My dad is 61 he wants to file for bankruptcy but he's on a fixed income through ssd he's on dialysis how should he file?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 10, 2022

The principal eligibility requirement for a Ch. 13 filing is a periodic income. The SSD provides that. There are limits, however, to the amount of debt a debtor may have, and a Ch. 13 case usually lasts for three to five years, during which a debtor must make payments to a Ch. 13 trustee,... Read more »

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2 Answers | Asked in Bankruptcy and Real Estate Law for Texas on
Q: My ex husband never took me off the house as was court ordered. It’s about to foreclose. Can I file bankruptcy ?

If I file bankruptcy will this free me completely from the debt of the house? it’s going to foreclose and he is trying to get me to agree to put all the debt on the back of the loan. My ex is in another state (oregon) I haven’t lived in the home in over 5 years. I know he is in contempt for... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 4, 2022

There are important facts, e.g., the location of the house, the court in which your divorce occurred, whether the divorce court ordered him to "hold you harmless" from the mortgage debt and whether that hold harmless provision was couched as a "support obligation" which would... Read more »

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: What does a motion to lift stay and for abandonment mean in a bankruptcy. I filed a chapter 7 but excluded my home mort,
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 1, 2022

The Bankruptcy Code, and the several Schedules of assets and debts, signed under penalty of perjury, do NOT permit you to "exclude" any debt or claim, or any asset. If you failed to mention your home mortgage indebtedness, amend your bankruptcy Schedules as soon as possible.

At...
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2 Answers | Asked in Bankruptcy for North Carolina on
Q: Can I claim federal exemptions for upcoming chapter 7 bankruptcy filing?

I have lived in Charlotte NC for 22 months and plan to file in western district of North Caroline. Prior to Charlotte I lived in Vermont for 40 years. Vermont doesn't allow non-residents to use their bankruptcy exemptions.

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

The Bankruptcy Code provides that you are eligible to file in the federal district in which you have resided, or where your principal assets are located, for six months prior to filing.

It appears that No. Carolina requires a debtor to use its state-prescribed exemptions. You can google...
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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Minnesota on
Q: Medical Assistance overpayment

I have an overpayment for Medical Assistance from 2006. I'm getting notcied from the County for demand of payment. I filed chapter 7 bankruptcy in 2015 but did not list the agency. Per Department of Human Services website. The agency cannot require me to amend my bankruptcy and list them as a... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 15, 2021

As a matter of practice, I advise every client desiring to file for bankruptcy relief to provide me with the names and addresses of anyone and everyone who has ever asserted a claim against my debtor, even a guy who cut across the yard and sprained his ankle in a hole in that yard. The reason is... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: My husband passed away while our mortgage was on a COVID relief plan and company is giving me a hard time to get off.

My husband passed away while our mortgage was on a COVID relief plan and company is giving me a hard time to get off.

He was the only one listed on the mortgage. We are both on the deed and I have been trying to get off the plan for 3 months to resume regular payments. Now the mortgage... Read more »

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

For title purposes, there appears to be no need for you to put the property through a probate proceeding, if that is the sole or most significant asset in your husband's estate.

Mortgage interest rates are near historic lows. Your best path appears to be to refinance the mortgage debt...
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3 Answers | Asked in Bankruptcy for Louisiana on
Q: I'm unable to make payment on a chapter 13 bankruptcy. What can happen?

I've had multiple strokes and am now immobile. My only income is SSA. Can my bankruptcy payment be reduced?

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

Yes, your plan payment can be adjusted even after your plan has been confirmed.

Your bankruptcy lawyer should be consulted, and should do the modification for you without further charge.

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3 Answers | Asked in Bankruptcy for Michigan on
Q: What should I do I feel like I was pressured into filing for bankruptcy my attorneys office when I was 20?

I am now facing it being possibly discharged due to non payment because I had to take 8 months off of work due to no childcare. Now looking back I don’t think the ramifications were clearly described to me. I filed in January of 2020. I just started work and am going to try and get caught up now... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 29, 2021

A new provision of the Bankruptcy Code, in effect this year, states that where a debtor has been "directly or indirectly" adversely affected by the pandemic, a bankruptcy court should excuse missed mandatory payments. See 11 USC Section 1328(i). Talk to your bankruptcy lawyer about how... Read more »

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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 for Colorado on
Q: How long after trustee’s final account and distribution report certification(form 101-7-TDR) until case closed?

Is there a timeline for this? For chapter 7

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 15, 2021

There is no statutory or Rule deadline of which I am aware.

I recently had to work through similar issues in a Chapter 13 case. The debtor made his final plan payment in mid-January, and needed his Discharge to be entered so that he could get new car financing. In frustration, we filed a...
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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Will my credit be destroyed for 7 years if my brother Sells the house that I co-signed for him through bankruptcy?

So my older brother has filed bankruptcy on a house that I co-signed for, he is planning on selling the house Once the bankruptcy go through.

I would like to know if I need to hire an attorney and If I am entitled 1/2 of the sale of the house Once it is sold. And will my credit be messed... Read more »

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

Your credit score is set by the three major credit bureaus, Experian, Equifax, and TransUnion. Each has its own matrix for determining scores, and each calculates differing scores on each individual, which are disseminated to creditors who have acquired a right to know. The credit bureaus... Read more »

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: My vehicle is titled to me however the loan was in my sisters name. She filed bankruptcy.What becomes of the vehicle

This was approximately 5-6 years ago

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 1, 2021

While it may be that the lender will take no action so long as it gets current payments from you, to preempt any knee-jerk reaction by the lender when they get notified of your sister's bankruptcy, I recommend that you contact the lender and offer to put the loan balance in your name, with a... Read more »

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2 Answers | Asked in Bankruptcy, Real Estate Law and Landlord - Tenant for Indiana on
Q: If property sold to me has a shed with a lien on it and property sold as is, is the shed mine?

Co owner financed shed, filed chapter 7, property sold to me as is by trustee. Can co owner now remove said shed? Shed was exempted under bankruptcy as part of this property. Co owner being evicted and wants shed. I've paid all taxes for shed and it is listed as part of this property sold... Read more »

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

When an improvement (e.g., that shed, or a house built on the property) is made to real property, it often becomes part of the real estate, i.e., a "fixture". When that happens, a conveyance of the property normally includes fixtures.

Your state's laws determine what might...
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1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can I sue a creditor that keeps contacting me for payment after being notified the debt was included in bankruptcy?

I filed chapter 7 in 2019. A utilities provider has been contacting me for payment after I provided them with documentation showing their account was included in bankruptcy. It is my understanding this is illegal debt collection activity and I'd like to know if it would be beneficial to take... Read more »

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

Until recently, any creditor who attempted to collect, by phone calls, statements by mail, or otherwise, any debt that was discharged in bankruptcy would almost certainly be sanctioned (made to pay money to the debtor) by the bankruptcy court.

Last year, the US Supreme Court revised that...
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