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Questions Answered by Kevin M Ryan
2 Answers | Asked in Bankruptcy for Alabama on
Q: Can I file for bankruptcy if I get by personal checks. I work in a private home.
Kevin M Ryan
Kevin M Ryan answered on Feb 24, 2021

Yes. Receiving income via cash, private income, Bitcoin, or any other means can be disclosed to the Court to comply with 11 USC 521 / 11 USC 707 via an Affidavit prepared by your Attorney. The value of the compensation has to be disclosed to the Court. It must be included on the Means Test... Read more »

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2 Answers | Asked in Bankruptcy and Tax Law for Alabama on
Q: Do I have to give the trustee my tax refund in chapter 13 bankruptcy? Located in Alabama.

Do I have to give the trustee my tax refund in chapter 13 bankruptcy? I called my attorney and spoke to a Lady in the office and she said that the trustee doesn’t take tax refunds anymore. Wasn’t able to speak with my attorney personally.

Kevin M Ryan
Kevin M Ryan answered on Feb 25, 2021

The Bankruptcy Code DOES allow for the Chapter 13 Trustee in any district to inquire as to the amount of future income received by the Debtor, from all sources. Some Trustees send out an annual Questionnaire to every active bankruptcy Debtor upon which a disclosure under oath must be made as to... Read more »

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4 Answers | Asked in Bankruptcy for Alabama on
Q: Will getting new car insurance affect my bankruptcy?

I’m in a chapter 13 bankruptcy, and just want to know if I need to report new car insurance? I’m a year into my payment plan. Our insurance is outrageous and want to find a new company. Also I know most companies do a soft credit pull, will that affect anything? I’m in middle district... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 20, 2021

You are free to change your auto insurance. Make sure, however, that you comply with any requirements of your auto lender to have certain coverages on the vehicle. Credit Unions will often require higher policy limits and coverage than commercial banks. Go through a local insurance agent who can... Read more »

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3 Answers | Asked in Bankruptcy for Florida on
Q: I owe a lot in credit cards. I havent been able to work due to covid. Can I file bankruptcy before I get too far behind?

I'm self employed. I do landscaping and I have credit cards in my name and my fiance has others in her name,but it to help me to use for my business We owe up to 48,000. In my name its 13,000 her name 35,000. SInce the pandemic I havent had a lot of work. I've been making our credit card... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 18, 2021

One thing to consider at this point is whether you have any upcoming bills such as medical bills, or an eviction related bill. Prior to filing a bankruptcy case it is important to consider letting all obligations come to fruition, so that you know everyone you owe money to on the date you file... Read more »

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1 Answer | Asked in Collections for Alabama on
Q: Looking for a lawyer for a fraud dispute I filed with Al. Vantage/ the program

I filed a dispute for 7000$ with Al Vantage along with a police report and a warrant was issued on the person who fraudulently used my debit number. Most of which was used western union where identification had to b shown. Al Vantage claims they did investigation and determined no fraud.. I... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 10, 2021

You may have a claim under the Fair Credit Reporting Act and the Fair Debt Collection Practices Act ( F.D.C.P.A.) You should gather up all of the documents, correspondence and any other evidence you have concerning this transaction. A lawyer will need to determine if there is enough evidence to... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: Alabama--- I am considering terminating the relationship with my current lawyer and retaining a new one in my active 13

What are the steps for this? I have heard the current lawyer has to file a motion to have this handled, that I can not terminate without this. I hired him, right????

Kevin M Ryan
Kevin M Ryan answered on Feb 12, 2021

In the Southern District of Alabama you will need to reach out to a new bankruptcy Attorney. The main issue with changing counsel is legal fees. In Chapter 13 Bankruptcy about 75-80% of the "no-look" attorney fee is paid out in the first year of the case to the Attorney, and then... Read more »

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2 Answers | Asked in Bankruptcy for Alabama on
Q: I’m currently in chapter 13, my husband and I tried to get a car through our bankruptcy and got denied. HELP!

My car is on its last leg, and we don’t quite have enough yet to pay for something decent with cash. Can we go to a buy here pay here that offers no credit checks? All they ask for is ID, proof of income and insure and down payment. Would we get in trouble and get kicked out of bankruptcy? Or are... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 5, 2021

The answer to this question could vary depending on what bankruptcy district your case is pending in. I practice in the Southern District of Alabama, which has a very reasonable and workable approach to getting Debtors in a position to replace or purchase a vehicle while in Chapter 13. The... Read more »

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3 Answers | Asked in Bankruptcy for Alabama on
Q: I'm in the process of buying a small house with help of dad. Can I file ch. 7 and keep home & get rid of other debt
Kevin M Ryan
Kevin M Ryan answered on Feb 5, 2021

The answer to this question will vary from state to state, depending on the applicable exemption laws. Every state has a legislative schematic which allows a bankruptcy debtor to protect, or "exempt" a portion of the equity in their "homestead." A chapter 7 bankruptcy... Read more »

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2 Answers | 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?

Kevin M Ryan
Kevin M Ryan answered on Feb 5, 2021

The Earned Income Credit is exempt, and is not subject to being turned over to the Trustee in Chapter 13 Bankruptcy.

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2 Answers | Asked in Bankruptcy for Alabama on
Q: I am hoping to convert from.a 13 to a 7. Since my 13, my 19 year old daughter has been working, whom still lives

At home with me. Will the courts consider her income as part of mine? Even though i do not use her money as contribution to my household?

Kevin M Ryan
Kevin M Ryan answered on Dec 1, 2020

If you schedule your sole income and your sole expenses on Schedules I and J, your daughter's income from her employment should not be factored in. The corollary to that assumption is that your daughter earns just enough to pay for things like her vehicle, insurance, food ( at school or her... Read more »

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2 Answers | Asked in Bankruptcy for Alabama on
Q: I filed for Chapter 7 bankruptcy in 2016 and was dismissed in August Currently in 13 can it be converted or reduced

I filed for Chapter 7 in 2016 and dismissed in August of that same year. I am currently in Chapter 13 with 100 percent repayment. I have started nursing school and my work hours will be greatly reduced. Can I convert to a Chapter 7 or get my payments reduced?

Kevin M Ryan
Kevin M Ryan answered on Feb 1, 2020

You must first determine if you received a Discharge Order in the prior Chapter 7 case. If you did not receive a Discharge Order in that case and it was dismissed without a Discharge Order, then you may be able to convert your Ch 13 to Chapter 7. You will need to sit down with your attorney and... Read more »

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2 Answers | Asked in Bankruptcy for Alabama on
Q: My husband and I are filing chapter 13, will we be able to keep our tax refund? We are in Alabama, and have 4 children.
Kevin M Ryan
Kevin M Ryan answered on Jan 28, 2020

If you owe the IRS for a prior year(s)' taxes, the IRS can offset your current post-bankruptcy filing tax return even though you are in a Chapter 13. Once they offset your tax return, they are required to amend their Proof of Claim in the Ch 13 case to lower the amount owed, based on the... Read more »

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1 Answer | Asked in Civil Litigation and Collections for Alabama on
Q: My creditcard company(Discover)is preparing to sue me.Can I be sued(wages garnished,etc) if they are unable to find me?
Kevin M Ryan
Kevin M Ryan answered on Jan 15, 2020

After a reasonable attempt to locate you for personal services of the Summons and Complaint, and after filing an Affidavit with the Court verifying that you are not deployed on United States Military Service, the creditor can file a Motion with the Court for permission / authorization to... Read more »

1 Answer | Asked in Collections for Alabama on
Q: Is it illegal for a debt collector to come to your house and peep through the blinds in the state of Alabama?
Kevin M Ryan
Kevin M Ryan answered on Aug 8, 2019

The Debt Collector is required to comply with both state and federal law in collecting the debt. They are not allowed to breach the peace, assault or abuse you in any way in their actions to collect the Debt. The critical factor on your end as the Debtor is to collect evidence of these types of... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: Grounds for a creditor to file an Objection to Confirmation of Plan

My ex-husband recently included me in his bankruptcy for my share in our divorce settlement. I was informed by the trustees office that my ex's $170,000 Secured debts would have top priority, then my Priority debts would be paid. I would like to avoid waiting 2/3 years to receive my settlement... Read more »

Kevin M Ryan
Kevin M Ryan answered on Apr 11, 2019

If your ex husband owes you a simple property settlement that is clearly not in the nature of "spousal support," then that claim can be discharged in his Chapter 13 Plan depending on his level of assets and income. I strongly recommend consulting with an Attorney who focuses on... Read more »

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1 Answer | Asked in Collections for Alabama on
Q: I was served a process of garnishment today for a judgement that is dated 11/12/2008.
Kevin M Ryan
Kevin M Ryan answered on Feb 20, 2019

Alabama judgments are enforceable for ten years, and can be revived (renewed) before ten years are up, but they can only be enforced for 20 years. After 20 years, Alabama judgments become worthless

2 Answers | Asked in Bankruptcy for Alabama on
Q: Can I file for bankruptcy and what is the first step?

We just moved to AL from WA State. Our truck, with all of our belongings broke down the day we had to leave. We were told that it could not be repaired by the dealership because the part needed was no longer in production. I could not find a used part anywhere. Eventually we had to leave everything... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 7, 2019

A bankruptcy filing may be the answer. Our office would provide a free consultation as well as a payment plan for legal fees and costs. The filing of the bankruptcy case puts a Stay ( stop) Order on all of your creditors. All calls, legal actions, wage garnishments, bank attachments etc must stop... Read more »

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1 Answer | Asked in Real Estate Law for Alabama on
Q: is a spouse liable for a mtg she's not on if spouse passes?
Kevin M Ryan
Kevin M Ryan answered on Jan 19, 2019

If you are married and your deceased spouse is the only party who signed as the borrower under a debt, including a mortgage, then you as the non-borrower are not personally liable. A secured lender, however, retains its rights which were granted by the deceased spouse pre-death, and can sell... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Foreclosure and Entertainment / Sports for Alabama on
Q: Can you please explain this to me. So if I know where an abandoned house is. Do I need to file paper work and

Move in asap? If so what paperwork do I need to file. I've noticed a couple different forms that could be filed. I Know to change the locks. I need to know the right way to go about it so I don't get in trouble or go to jail for something I didn't understand.

Kevin M Ryan
Kevin M Ryan answered on Jan 19, 2019

Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to... Read more »

3 Answers | Asked in Real Estate Law and Bankruptcy for Alabama on
Q: My mother and I purchased property in Alabama with 5 mobile homes on it. How can we protect property if mom files chap7

We are both married and we each have our own mobile home on the 8 acre property and the other 3 mobile homes have family members residing in them and they all pay one towards property tax and insurance and any other expenses that are for the property. Just don’t want all of us to lose our homes... Read more »

Kevin M Ryan
Kevin M Ryan answered on Jan 19, 2019

The only way to protect your interest in the property from your mother's creditors or your own is to transfer it to a legal entity such as an LLC or an irrevocable Trust. The transfer to the Trust or LLC is still an asset in a subsequently filed bankruptcy for two (2) years after the... Read more »

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