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Questions Answered by Mr. Chad Van Horn
3 Answers | Asked in Bankruptcy for Florida on
Q: Is there a lawyer in Milton that deals with chapter 7 bankruptcy?
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Apr 7, 2021

I'm not in Milton but I represent many people in the panhandle. Feel free to contact my office if you would like a free consultation.

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4 Answers | Asked in Bankruptcy for California on
Q: Can I access bankruptcy records from 1998 for information as to assets claimed on them
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Apr 6, 2021

Yes. You should start at pacer.gov. If they don't have the records there then go to the Bankruptcy Courthouse where the case was filed.

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6 Answers | Asked in Bankruptcy, Immigration Law, Admiralty / Maritime and Health Care Law for Virginia on
Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Apr 1, 2021

The answer should be yes, but unfortunately, there is a chance that an attorney that passed the bar isn't well versed in client confidentiality.

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: Are debts (not student loans) owed directly to a college dischargeable under Chapter 7 BR?

I filed Chapter 7 in TN, and my case was discharged appropriately. My student loans weren't discharged, which I knew going into the bankruptcy. Two of the other debts listed were unsecured debts that I owed to two different colleges; these are not student loans, but amounts owed directly to... Read more »

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Mar 17, 2021

Generally speaking, yes. Because they aren't protected student loans pursuant to 523(a)(8). You should go back to Court and file a violation of discharge action.

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3 Answers | Asked in Bankruptcy for Arkansas on
Q: I already pay 100% in my Chapter 13 bankruptcy. If I make more money at my job, then when I filed will my payment go up
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Mar 16, 2021

No. If you're paying 100% plus the trustee fee your payment should not go up. In very rare cases, they charge interest, but it is extremely unlikely. Good luck!

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2 Answers | Asked in Bankruptcy for Alabama on
Q: Financing a car during chapter 13!

We recently were advised not to get a car through bankruptcy by our attorney and just to pay cash, but we can’t find anything worth the money. Are we aloud to have someone finance a car for us and we make the payments? We’re in the Middle District in Alabama.

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Feb 6, 2021

There are companies that specialize in lending to people in bankruptcy. A company that I tell my clients to check out is 722redemption.com. If you get a car, you must get the financing agreement approved by the Chapter 13 trustee and maybe the Court depending on your local rules/customs. Good luck!

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5 Answers | Asked in Bankruptcy for Florida on
Q: IF i FILED A CHAPTER 7 LAST YEAR AND IT HAS BEEN DISCHARGED DO I NEED TO REPORT A SETTLEMENT I MAY RECEIVE THIS YEAR

THE SETTLEMENT IS FROM ROUND UP DUE TO GETTING LYMPHOMA....

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Feb 3, 2021

The short answer is if the cause of action (injury) arose prior to your filing, yes, it should have been listed and you should report it. If the cause of action arose after your filing, no, you would not have to report it. You should let your attorney know either way.

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2 Answers | Asked in Bankruptcy, Employment Law and Tax Law for Texas on
Q: My employee deducted my court ordered bankruptcy payments from my checks, but didn't send the money to the trustee.

My W2 shows a $5000 difference from what was deducted vs what the trustee received. My bankruptcy lawyer has been no help & now my bankruptcy case is being dismissed. Is there anything I can do about this since my money was mishandled by my employer? What/if any law would the employer be... Read more »

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Jan 21, 2021

Tons of laws! Basically, this would be the equivalent of civil theft. I would first alert the trustee and they may take care of it. If not, I would file a motion to compel in the bankruptcy court to have the money turned over.

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2 Answers | Asked in Bankruptcy for Montana on
Q: In filing chapter 7, with a secure debt of jewelry how do you approach it if the jewelry is no longer available?

I financed a ring 5 years ago, pawned it 3 years ago and lost it to the pawn shop. Now I am filing bankruptcy and do not know how to approach the debt in my forms?

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Nov 2, 2020

List the debt on schedule F and put in the description that the jewelry was lost. A debt cannot be secured by assets of the debtor if the debtor no longer has the collateral. It shouldn't be an issue as long as you tell the truth.

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3 Answers | Asked in Bankruptcy for Texas on
Q: If I am in a Chapter 13 bankruptcy, filed in April of 2016, will I be able to keep my Covid-19 stimulus check?
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Apr 13, 2020

Yes. The Chapter 13 Trustees are not looking to intercept this money. Good luck!

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3 Answers | Asked in Bankruptcy for California on
Q: Hello, 4 years into chapter 13 plan have relocated to new state unable to make remaining payments income loss health

We now live in Iowa how do I convert to a chapter 7 Some of the remaining $8000 owed in my plan is to my attorney which is a bit awkward what are my options. Would I have to fly to California to attend the meeting of creditors or can it be done remotely given the expense to travel

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Nov 16, 2019

I would speak to your bankruptcy attorney about applying for what's card a hardship discharge in the Chapter 13 to avoid having to convert to Chapter 7.

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5 Answers | Asked in Bankruptcy for Virginia on
Q: I've been called by a debt collector for an amt. that was charged off in my bankruptcy; may I give them the case #?

They've been harassing my entire family for info; even contacting my ex sister-n-law.

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Jul 9, 2019

Yes. Give them your case number and discharge order. Also, if you have the schedules that show they were listed as a creditor you can send that as well. If they continue, speak to your bankruptcy attorney and they can go after them for a discharge violation.

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1 Answer | Asked in Bankruptcy for Missouri on
Q: My name is misspelled under my SS# for my credit. Is it possible to make my "bad" credit disappear without bankruptcy?

My last name is spelled one way and they have it spelled another.

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Mar 30, 2018

Unfortunately not. Your credit is tied to your social security number, not your name. The only way for the "bad" marks to go away is to settle them, file bankruptcy, or wait the 7 years for them to fall off your credit.

2 Answers | Asked in Bankruptcy for New Jersey on
Q: I filed Chpt 13 bankruptcy and want to convert to 7. I included my car and don’t want to leave the debt on cosigner

The only way my co-signer will agree on me converting if he can keep the car and he make payments. Is this possible?

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Mar 5, 2018

Most likely, yes. This will be up to the lien holder, but as long as they remain current on the payments they should be able to keep the car.

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2 Answers | Asked in Bankruptcy for Virginia on
Q: We have Chap 13 in SC now live in VA and I lost my job can we convert to Chap 7 here in VA?
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Mar 5, 2018

No. The case would have to be converted in South Carolina. You also could dismiss the 13 and file a 7 in VA. You should meet with a VA bankruptcy attorney to discuss your options.

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1 Answer | Asked in Bankruptcy for Florida on
Q: Is it true that if I file for bankruptcy here in Florida that I won't be able to rent anything for two years?
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Mar 3, 2018

No. That's not true at all. Some landlords may require an extra security deposit or an extra month rent up front, but you will be able to lease an apartment.

3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: debt collector suing me for a car repoed 2 years ago. What are my options to stop company from garnishing wages, etc.

Is bankruptcy even an option in this situation? Defficiency is a little over $19,000

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Jun 19, 2017

Yes, bankruptcy is still an option and this debt is dischargeable. You should speak with a local bankruptcy attorney ASAP.

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2 Answers | Asked in Bankruptcy for Illinois on
Q: Question about wage garnishments/liens

I am currently gathering all of my information to file bankruptcy. Yesterday, I received a phone call from a lawyer trying to collect a past debt. She says the motion will be filed to serve me tomorrow unless I pay what is due. I do not have the money to pay this by tomorrow. She threatened wage... Read more »

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Nov 8, 2016

This cannot be done without a judgment first. As soon as you file you will be able to discharge this liability. I would move forward with the bankruptcy as soon as you can.

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