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Questions Answered by Clark Dray
2 Answers | Asked in Bankruptcy for Colorado on
Q: Will a non-filing spouse be held liable for a spouse's medical debts in a Chapter 7? (In Colorado)

Are medical debts dischargeable in a Chapter 7 if they are only under the filing party's name? If the filing party is married, will the non-filing spouse be held liable for a spouse's medical debts in a Chapter 7? (In Colorado)

Clark Dray
Clark Dray answered on Aug 20, 2020

I have seen an order dismissing a case where a spouse was sued under the family purpose doctrine for medical debt. However, I also recall that there's a state court judge who has held that a spouse can be liable for medical debts. There's not a lot of case law either way, so you should... Read more »

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2 Answers | Asked in Bankruptcy for Colorado on
Q: I live in a travel trailer, if I file for chapter 7 bankruptcy, will that count as my homestead exemption?
Clark Dray
Clark Dray answered on Jul 21, 2020

You need to consult with an attorney for an in-depth answer because there are several different exemptions which might apply. That said, here is part of a decision in a Colorado bankruptcy case (Case:17-13786-JGR Doc#:35) which sets out some of the relevant law:

C.R.S. § 38-41-201.6 was...
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2 Answers | Asked in Bankruptcy for Colorado on
Q: For chapter 7,do I need to list my mom as my landlord if we have a verbal rent contract, but no written lease contract?

She owns the house and doesn't live here, and I pay her rent monthly out of my bank account and have been paying her back rent too.

Clark Dray
Clark Dray answered on Jun 11, 2020

It would be best to list it as an executory contract. When in doubt, disclose. She'll get notice about the bankrutpcy, so you might want to give her a heads up if she doesn't already know. As long as you're only making normal monthly rent payments and you haven't made any... Read more »

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2 Answers | Asked in Bankruptcy for Colorado on
Q: If I file before the 2nd stimulus check may pass can trustee take this money since CO has no wildcard exemption?
Clark Dray
Clark Dray answered on Jun 10, 2020

While they don't have to, bankruptcy trustees have been leaving stimulus money alone.

If you file before any bill passes providing for a second round of stimulus, that money would not be part of the bankruptcy estate.

Additionally, the CO legislature is working on a bill to...
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3 Answers | Asked in Bankruptcy for Colorado on
Q: I qualify for Chapter 7. After I file will my stimulus money be an estate asset that bankruptcy trustee can take?
Clark Dray
Clark Dray answered on Apr 16, 2020

While Trustees have been strongly encouraged to leave it alone, there is nothing that prevents the trustee from taking the stimulus money from you if you still have it at the time the case is filed. You should spend the money on living expenses or paying your attorney's fees and keep receipts.

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3 Answers | Asked in Bankruptcy for Colorado on
Q: I will be filing Chapter 7 at the end of April. I just received my stimulus money. Will the bankruptcy trustee take it?
Clark Dray
Clark Dray answered on Apr 16, 2020

While Trustees have been strongly encouraged to leave it alone, there is nothing that prevents the trustee from taking the stimulus money from you if you still have it at the time the case is filed. You should spend the money on living expenses or paying your attorney's fees and keep receipts.

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4 Answers | Asked in Bankruptcy and Small Claims for Florida on
Q: Does successfully cashing a previously bounced NSF debtor's check during a ch7 bankruptcy violate the automatic stay?

My Ex took $1000 that did not belong to her. She claims the taking was in error. She wrote a check to repay the $1000 which bounced due to NSF. She told me she was stopping payment on the check and filing bankruptcy. She demanded I return the check to her. I refused unless she signed a payment... Read more »

Clark Dray
Clark Dray answered on Mar 17, 2020

You may not have violated the stay, depending on whether you were listed as a creditor in the bankruptcy and what sort of notice went out. However, the money you received was part of the bankruptcy estate if the check cleared after the case was filed, and it is plausible that the bankruptcy trustee... Read more »

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: Can I get a refund of money that was kept in the trustee office after my chapter 13 bankruptcy was dismissed?

Dismissed due to multiple missed payments. Lawyers were paid off top, 1st year over 5,000. Where is my money? All of the creditors claim they never received any money. is the money held at the trustee office until completion, then distributed to each creditor?

Clark Dray
Clark Dray answered on Mar 10, 2020

If your bankruptcy trustee uses their system, you can get details about how the funds in your case were disbursed by logging into https://www.ndc.org/home. Because debts are paid in a specific order, some of your creditors may not have received any money because higher priority creditors get paid... Read more »

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2 Answers | Asked in Bankruptcy and Libel & Slander for Oregon on
Q: I hold a judgement granted me against Debtor in small claims for liable. How do I file an objection to her Ch7 discharge

Liable was done with Malice and attempt to cause harm

Clark Dray
Clark Dray answered on Feb 28, 2020

I can't speak to the exact procedure in Oregon, but it's probably done by bringing an adversary proceeding to have the debt determined to be nondischargeable. You'll need an attorney for this.

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3 Answers | Asked in Bankruptcy on
Q: Can I file for bankruptcy if I am married but we have no joint accounts or debt?

I do not want him involved in the bankruptcy

Clark Dray
Clark Dray answered on Feb 17, 2020

Yes, you can file your own bankruptcy without your spouse. However, if you're living in the same household the court is going to be interested in his income to determine whether you qualify for Chapter 7.

You should also be aware that in many states, spouses can be held responsible for...
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3 Answers | Asked in Bankruptcy for Arizona on
Q: Removing garnishment - Chapter 7

Someone owes me money and I won a default judgement and just filed for garnishment. I received notice that they are filling for Chapter 7. The email from the her lawyer said I had to contact her employer to remove the garnishment. Do I need to do this, or should they do this? Honestly, I... Read more »

Clark Dray
Clark Dray answered on Jan 13, 2020

Stop the garnishment and then consult with a local creditors attorney to find out whether the debt is actually dischargeable in bankruptcy. If not, the attorney can let you know whether it's worth the time, effort, and money to pursue the issue further through the bankruptcy court.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: Can I ask for a fee waiver for filing Chapter 7 if I am going to resubmit?

I filed Chapter 7 bankruptcy. I completed everything that was needed to do so. Somewhere along the lines I got confused and sent my second course completed paperwork to my trustee instead of the courts. The courts discharged my filing. I got told that I have to resubmit. I do not have the money... Read more »

Clark Dray
Clark Dray answered on Jan 6, 2020

Check with your local legal aid office about filing a motion to reopen your case so that you can file the certificate. This way you don't need to start over and have two different bankruptcy cases on your credit report. They can also help you with an application for a fee waiver.

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2 Answers | Asked in Bankruptcy for Colorado on
Q: Do I have to give the trustee my lawsuit money if my discharge date is 01/12/20 and I already had my meeting of Creditor

My lawsuit hasn't been settled yet.

Clark Dray
Clark Dray answered on Dec 11, 2019

If you had a claim against a third party on the day the case was filed, that is an asset which is probably property of the bankruptcy estate. This means that the lawsuit isn't yours to settle. Your attorney in the suit will need to coordinate with the trustee to settle the claim. Part of the... Read more »

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3 Answers | Asked in Bankruptcy and Real Estate Law for Texas on
Q: 1 week away from closing. Title company won't move forward. House is already sold and buyer waiting.

We have the letter - from the Trustee: Chapter 7 Trustee's Report of No Distribution. Our Attorney states this is enough. Attorney is in car accident and on 3-week medical leave. Title company says the letter isn't enough but no real good explanation as to why. Maybe it's because... Read more »

Clark Dray
Clark Dray answered on Nov 23, 2019

Title companies often screw up bankruptcy questions, but I think they're right here. Until the case is closed, the home remains property of the bankruptcy estate and isn't yours to sell. The Trustee's Report of No Distribution doesn't affect this. Maybe there's a different... Read more »

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: In LA. 403b=$10K. Loan for $5K. Is prot prop. NOT listed as secure debt w/no objectn. Chap 7. Aft dischrg value 5 o 10K?

Sorry for all the abbreviations above. I tried to get in the essentials as I am not sure if you see this part. I am in LA. & have a 403b worth apx 1OK. I have a loan against it for 1/2 value (5K). I am filing chap7 pro se. It IS a protected asset, but I am not sure about the loan AGAINST it.... Read more »

Clark Dray
Clark Dray answered on Nov 7, 2019

Your retirement loan isn't a debt that you would list in the bankruptcy, because it's money you owe yourself. The consequence of not paying it is that it can be treated as a taxable retirement disbursement.

2 Answers | Asked in Bankruptcy for Colorado on
Q: What if my lawsuit hasn't been settled and my bankruptcy is still open?
Clark Dray
Clark Dray answered on Oct 18, 2019

I presume this is a continuation of a question about a car accident settlement. The answer is the same - you need to amend your petitions and schedules and inform the trustee about the claim. The situation is somewhat better if you haven't settled yet, because the trustee still has a chance to... Read more »

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2 Answers | Asked in Bankruptcy for Colorado on
Q: If I was in a car accident and my case is settled and I have an open bankruptcy, should I had reported the lawsuit?

Will the bankruptcy affect my settlement?

Clark Dray
Clark Dray answered on Oct 18, 2019

If the car accident took place before the bankruptcy, your claim became part of the bankruptcy estate and it technically wasn't yours to settle. If you have a bankruptcy attorney, you should bring this up with him or her. If you don't, you should definitely get one right away because... Read more »

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Chapter 7 Bankruptcy question - can i file separate from my family income?

Hello, i was wondering if I could file chapter 7 in the state of Georgia as an independent or single person family household income separate from my family. I am 27, living at home, I do pay for all my own bills and make under the medium household income in the State of GA, which is around 40k and... Read more »

Clark Dray
Clark Dray answered on Oct 17, 2019

There are multiple interpretations of what constitutes a "household" for means testing purposes. Some judges will simply count how many people are living in the domicile, others will just look at your dependants, while others will try and figure out who's part of your "financial... Read more »

2 Answers | Asked in Bankruptcy and Divorce for Mississippi on
Q: If in chapter 13 jointly with your wife and you get a divorce can you file chapter 7 legally?
Clark Dray
Clark Dray answered on Sep 26, 2019

You'll need to talk to your attorney (or get one if you don't already have one. In many jurisdictions, but not necessarily MI, the first step would be to bifurcate (split in two) your chapter 13 case. Then you and your wife have separate cases. At that point, your attorney can seek to... Read more »

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2 Answers | Asked in Bankruptcy for Colorado on
Q: Can a debtor try to collect a old bill that was discharged in 2012 to get services again?
Clark Dray
Clark Dray answered on Sep 10, 2019

Depends on what type of service. If it's a utility, like Xcel, they can require a deposit. If it's a cable provider or a gym, they don't have to let you open a new account. If I were representing the creditor, I'd probably advise against bringing up the old debt in the... Read more »

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