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Questions Answered by Kevin M Ryan
1 Answer | Asked in Bankruptcy for Alabama on
Q: I had my chapter 13 dismissed and consider chapter 7. I want to keep my home but I am $8000. behind what are my options
Kevin M Ryan
Kevin M Ryan answered on Feb 16, 2018

The only way you can force the lender to accept current payments on your home loan while at the same time pay the arrears over time is via Chapter 13. You may be able to get the $8,000.00 arrears put onto the back end of the loan via a Loan Modification, but you would need to start the... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: I filed for Ch. 7 in the middle of a month. At the beginning of that month, I got a $2000/year raise, but filed

with the income figure from the month before. My attorney says that we do not need to file amended prior to the 341 meeting and we will address it at the meeting. Do you agreee with this assessment?

Kevin M Ryan
Kevin M Ryan answered on Feb 7, 2018

Once you have filed a case with retained legal counsel, it really is not appropriate for another attorney to "second guess" your lawyer since the lawyer should be the person who has spent the most time analyzing your information and becoming familiar with your situation, etc. That being... Read more »

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2 Answers | Asked in Bankruptcy for Alabama on
Q: I live in Alabama and I was wondering if you can file on a car only and not other things.

We want to keep the house and other things but not the car. We found out that the car is only worth right at 8k but we still owe over 15k. What should we do? We are able to make the house payments but not the car.

Kevin M Ryan
Kevin M Ryan answered on Feb 7, 2018

Chapter 13 may ( stress, "may") enable you to "cram down" the vehicle loan, which is in simple terms a process whereby you pay the creditor only the current fair market value of the vehicle, with interest which is usually Prime Rate plus 1 or 2 points, over a time period of... Read more »

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1 Answer | Asked in Bankruptcy for Alabama on
Q: My attorney filed a motion to extend the reaffirmation agreement deadline for my bankruptcy case what will happen next
Kevin M Ryan
Kevin M Ryan answered on Jan 6, 2018

You get an autoamatic extension of 30 days under the Fed Rules of Bankruptcy Procedure to get the reaffirmation agreement filed

2 Answers | Asked in Bankruptcy for Alabama on
Q: I am filing BK. Gifted a truck w/$500 BBV to friend 7 mths ago. Now they don't need it. Advise they gift it back to me?
Kevin M Ryan
Kevin M Ryan answered on Jan 6, 2018

Depends on how much the truck was worth when you transferred it, and what bankruptcy exemptions are avaialble.

I strongly suggest sitting down with a bankruptcy attorney to get this transfer mapped out on paper, and then determine what is best to do. It is not a fatal move that you did...
Read more »

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2 Answers | Asked in Bankruptcy for Alabama on
Q: Can I get a new credit card while I am awaiting Ch 7 discharge?

I filed CH 7 bankruptcy in August and I am waiting on discharge. Unfortunately, my new job requires that I rent a car twice in the next two months, which is significantly more expensive with a debit card (For a rental that costs $125, they also require a $343 deposit and although the $343 will be... Read more »

Kevin M Ryan
Kevin M Ryan answered on Oct 22, 2017

If you are currently in a Chapter 7 bankruptcy case, getting a credit card after the filing of your case, but before it is discharged may simply be a matter of going to a credit card clearinghouse website such as www.creditcard.com. You would most like not have a lot of luck finding a credit card... Read more »

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1 Answer | Asked in Bankruptcy for Alabama on
Q: Should I get an affirmation of my new 2017 hyundai elantra loan

I'm in the process of filing a ch 7. Should I include my automobile?

Kevin M Ryan
Kevin M Ryan answered on Aug 14, 2017

The automobile must be listed on Schedule A/B, and then the debt for the automobile ( if any) should be listed on Schedule D. You must make sure to claim any available exemption for vehicle equity ( FMV minus Loan principal balance) on Schedule C. You also must indicate on the Statement of... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: I'm on SSI and in chapter13, what would happen if I stop paying.
Kevin M Ryan
Kevin M Ryan answered on Jul 5, 2017

The case will be dismissed if you stop funding your ch 13 Plan.

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1 Answer | Asked in Bankruptcy for Alabama on
Q: I don't own anything, I rent my home and make a monthly panhment on my car and don't expect an inheritance.

What's a means test?

Kevin M Ryan
Kevin M Ryan answered on Jun 13, 2017

A Means Test is a schedule that has to be completed in consumer bankruptcy cases which provides a determination as to whether the individual is eligible to file a Chapter 7 case. In Chapter 13 cases the Means Test is relevant to the determination as to how much the Debtor has to pay general... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: Exact dates of ch 7

The chapter 7 was filed December 2009 resolved 2009 and the status says discharged and will remain on record until December 2018

Kevin M Ryan
Kevin M Ryan answered on Jun 12, 2017

You would need to wait 8 years from the filing date of the ch 7 in December, 2009 to file another Ch 7. By working with a lawyer now, you should be able to stretch things out till December, then file your ch 7. It would make sense to consult with a lawyer now to

1. Make sure you are...
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2 Answers | Asked in Bankruptcy for Alabama on
Q: I have a discharged chapter 7 bankruptcy from several years ago. I have a dismissed chapter 13 from about 3 years ago.

Currently I have been out of work sick and have fallen behind on medical and credit card bills and I wanted to know if were eligible to file for another chapter 7 bankruptcy. Thank you, Kimberly

Kevin M Ryan
Kevin M Ryan answered on Jun 12, 2017

Kimberly

I would need to check the date of filing of your previous CH 7 case. Please call me tomorrow at 251-431-6012.

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3 Answers | Asked in Bankruptcy for Alabama on
Q: Can one spouse fill bankruptcy if they are still married
Kevin M Ryan
Kevin M Ryan answered on Jun 2, 2017

Yes, one spouse can file a solo bankruptcy case. The other spouse's income is still included in the Means Test, however, if you and your spouse live in the same household. If separated, you can exlude the non-filing spouse's income as long as you sign off under oath that the separation... Read more »

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1 Answer | Asked in Bankruptcy, Contracts and Real Estate Law for Alabama on
Q: My neighbor house burnt down 3 years ago, they will not tear the home down major health problem.

3 years ago the home burnt down. They still pay the property tax, also It appears she also filed chapter 13 bankruptcy. I called the ordinance department 6 months after to which they could never get ahold of the owner but did put a fines on property all they said could be done. It's been 3... Read more »

Kevin M Ryan
Kevin M Ryan answered on Mar 18, 2017

You can sue the owner and claim that the property is a nuisance, so long as the property's current condition is creating actual harm to your adjoining parcel of land or the structures on it. You can also make a claim for any physical injuries and medical costs you have actually suffered as a... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: I live in Alabama and I'm trying to decide if I should file bankruptcy .. I have a us ed student loan $10k owed, doctor

Bills $3k, and payday & on credit loans $9k.. annual salary $70k.. $650 rent, $318 car note, married with a child . What's my option?

Kevin M Ryan
Kevin M Ryan answered on Mar 9, 2017

Assuming your household size is single, or married with no dependents, Chapter 13 looks to be your best option under the U.S. Bankruptcy Code. Under Chapter 13, you would be required to set up a Plan which provides for a payment equal to your monthly "disposable income," running between... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: Will filing chapter 13 show on a cosigner credit report
Kevin M Ryan
Kevin M Ryan answered on Mar 1, 2017

A chapter 13 filing imposes a co-debtor Stay on the creditor being able to collect on the account. This means that the creditor can take no action against the Ch 13 debtor or the co-signer. Filing a negative entry on the co-signer's credit report could violate the bankruptcy Stay Order, and... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: Filling out business loan ap, as personal guarantor. Asking if ever filed bankruptcy. Its over 10yrs old. Disclose Y/N?
Kevin M Ryan
Kevin M Ryan answered on Feb 25, 2017

Federal and most likely your state's law ( or the applicable state law if an out of state lender) would require you to be truthful on your loan application. If there is space provided, add a notation of the date the bankruptcy case was filed. You should under no circumstances omit any... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: How long does it take for a bankruptcy to disappear from your credit report?
Kevin M Ryan
Kevin M Ryan answered on Feb 20, 2017

A bankruptcy case filing is reported under the Public Records Section of your credit report for up to ten (10) years.

The notation of the bankruptcy filing on the credit report is not significant enough to hold your credit score down after you receive the Discharge Order from the US...
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1 Answer | Asked in Bankruptcy, Family Law and Child Support for Alabama on
Q: My child's NCP, said he filed his back child support on his bankruptcy and it paid it all I haven't received anything y?

NCP filed Chapter 13 bankruptcy says he filed back support on it he has to pay it back over time but I should get what he owes me in one lump sum, he has already been to court and got everything okd or approved about his bankruptcy and he asked me 2 weeks ago if I have gotten his back child support... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 18, 2017

The back child support in the context of a Chapter 13 bankruptcy case filing would flow through the office of the Chapter 13 Trustee located in the district where the child support Obligor filed his case. The Obligor would not be able to get his CH 13 Plan confirmed unless he has made all... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: We own our home, that is it is paid for, if we file bankruptcy on medical bills and decide to move for the wife to be

closer to her family, can the hospital attach the funds from the sale before we have a chance to buy another home to move to. The reason we need to move is because of the wife's condition is critical, Esophageal Varices caused by Cirrhosis of the Liver due to hepatitis C and research shows... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 18, 2017

The creditors do not have a lien on your home which would have to be paid upon sale of the home unless they have filed a lawsuit and obtain a judgment. The creditor's judgment must be filed in the County where the real estate is located prior to the sale of the home for the creditor to be in a... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: How long does a creditor have to go after a deficiency judgment in Alabama?
Kevin M Ryan
Kevin M Ryan answered on Aug 22, 2015

Another issue you may want to have looked into is whether the creditor actually obtained personal service on you before the case proceeded to a judgment. I can't even count the number of times I have discussed this issue with a client in connection with a bankruptcy case where one of their... Read more »

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