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Questions Answered by Nick Curtis Thompson
4 Answers | Asked in Bankruptcy for Kentucky on
Q: My husband and ex wife had a vehicle together. And they failed to make the payments. Can my husband file bankruptcy?
Nick Curtis Thompson
Nick Curtis Thompson answered on Nov 1, 2019

Yes, we file bankruptcy for just one spouse all the time. The means test does use the income for both spouses to determine whether a Chapter 13 or 7 should be filed but most of the time just one spouse can file.

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3 Answers | Asked in Bankruptcy, Civil Rights and Collections for Kentucky on
Q: Got a judgement in the mail saying ordered and adjudged what does that mean?

Does this mean garnishment?

Nick Curtis Thompson
Nick Curtis Thompson answered on Oct 10, 2018

No this does not mean garnishment. However it is one step towards garnishment. Normally a creditor will attempt to attach any home you have, any bank account you have and your wages within days or weeks after they get the judgment. You have a very short time after the judgment is issued to... Read more »

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: BR discharge order for me & llc in 4/18. Can business creditor that was listed in my BR now subpoena me 3 months later?
Nick Curtis Thompson
Nick Curtis Thompson answered on Aug 22, 2018

A Business bankruptcy never discharges. It open for 2 years I believe but parties can be hauled back in years later. Yes you can be summonsed to testify. You can also be hauled in and be subject to turning over assets if you took company property or opportunities. This isn't like a consumer... Read more »

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2 Answers | Asked in Car Accidents, Personal Injury, Bankruptcy and Small Claims for Kentucky on
Q: i am being garnished from an accident 4 years ago and i cant pay my bills or feex my kid. what can i do

i tried for low income assistance even but my gross is what they count. the garnishment was set at 20000 dollars but i didnt even know about it til i was being garnished

Nick Curtis Thompson
Nick Curtis Thompson answered on Jun 4, 2018

You may not have been served with the complaint. Often when a creditor cannot find you they will ask for a warning order attorney. This attorney will attempt to find you and send the complaint to you. But if he cant find you the judge may and probably will eventually issue a default judgment.... Read more »

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: In Kentucky, If I file a chapter 13 bankruptcy, but marry after filing, how do the wife and I split the tax refunds?

I have to pay my refund into the plan. 96% of the income is mine, but all of the tax deductions and tax breaks are hers.

Nick Curtis Thompson
Nick Curtis Thompson answered on May 8, 2018

In the Western District of Kentucky, it doesn't matter. The refund is paid to the Trustee if you don't have a 100% plan. You get to keep the fees for preparing the return and the earned income credit. You lose the child credit. You should increase your deductions during the year so you don't... Read more »

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Is it better to file bankruptcy or let a trailer go back
Nick Curtis Thompson
Nick Curtis Thompson answered on Oct 24, 2017

Trailers are the very worst way to purchase a home. It is almost always better to let the trailer go back and to purchase a home which increases in value over time. A Trailer always depreciates in value. If it is all you can afford I understand it. But the payment is rent and eventually it falls... Read more »

3 Answers | Asked in Bankruptcy for Kentucky on
Q: Do I have to go to court for bankruptcy
Nick Curtis Thompson
Nick Curtis Thompson answered on Oct 24, 2017

Yes you do have to go to at least one hearing. About 99% of my clients only have to go to one hearing the 341 hearing. The questions are very simple and you will be asked questions about the accuracy of your petition for about 5 minutes. The Trustee is looking for hidden assets, your ability to... Read more »

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3 Answers | Asked in Bankruptcy and Divorce for Kentucky on
Q: Does bankruptcy discharge maintenance obligations?

Court ordered payment of back owed maintenance.

Nick Curtis Thompson
Nick Curtis Thompson answered on Oct 9, 2017

No! Alimony and Child Support are not dischargeable debts they can be repaid but they are not discharged in bankruptcy. The stay does not even delay a child support or alimony hearing or order.

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1 Answer | Asked in Foreclosure for Kentucky on
Q: What is a nonjudicial foreclosure?
Nick Curtis Thompson
Nick Curtis Thompson answered on May 17, 2017

A non Judicial foreclosure is when the court is not involved in the lender recovering the property. In some states a deed of trust is held by a 3rd party and when the property is not paid for the lawyer who holds the title will convey the property to the bank upon default. Kentucky is s judicial... Read more »

4 Answers | Asked in Bankruptcy for Kentucky on
Q: Does bankruptcy discharge child support obligations?
Nick Curtis Thompson
Nick Curtis Thompson answered on May 16, 2017

Child support and alimony are non dischargeable debts. You can repay child support through a Chapter 13 and you can repay child support as a priority debt which paid in full before any unsecured debt is paid. Bankruptcy can be a took to repay child support but it does not discharge child support... Read more »

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can you file chapter 7 on fed taxes
Nick Curtis Thompson
Nick Curtis Thompson answered on Mar 5, 2017

Yes. There are 6 factors. FIRST the taxes must be at least 3 years old. SECOND you must file the returns at least 2 years before filing the bankruptcy. Third there must be no assessment within 240 days before the bankruptcy. Fourth filing any bankruptcy filed within the 3 year period will... Read more »

1 Answer | Asked in Foreclosure for Kentucky on
Q: How far behind do I have to be before the bank can start the foreclosure process?

Also, if I CAN get caught up before it goes to court (or whatever) do they have to accept my payment and let me keep the house or can they refuse and go forward with the foreclosure?

Nick Curtis Thompson
Nick Curtis Thompson answered on Jan 28, 2017

You only have to be contractually late to be in default. However most mortgage companies will start a foreclosure when you are 2 payments behind. It is a pretty stiff late charge and real damage to your credit. When the mortgage becomes 2 payments behind they will start to refuse to take your... Read more »

1 Answer | Asked in Foreclosure for Kentucky on
Q: When does my legal responsibility for my home end during the foreclosure process?
Nick Curtis Thompson
Nick Curtis Thompson answered on Nov 17, 2016

When you pay off the balance of the loan after the home is sold. Foreclosing the home pays part of the debt. The balance is what you owe. If you dont pay this balance the lender may obtain a judgment and garnish the balance from any checking account or your wages. They may also be able to sell... Read more »

1 Answer | Asked in Bankruptcy for Kentucky on
Q: If I file for bankruptcy can they take my semi away? Driving is my only source of income.
Nick Curtis Thompson
Nick Curtis Thompson answered on Nov 14, 2016

There is an anti discrimination provision of the bankruptcy code. You never lose a professional license just because you filed bankruptcy. There may be some other reason such as an unpaid traffic violation or you didn't pay for the truck and they repossessed it. But if you lost the truck while... Read more »

1 Answer | Asked in Bankruptcy, Collections and Family Law for Kentucky on
Q: If husband files bankruptcy am I, his wife, liable for his medical debts
Nick Curtis Thompson
Nick Curtis Thompson answered on Nov 9, 2016

No not unless you signed to be liable for them.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: I filled bankruptcy in 2009 I filled on my 2 nd mortgage but I've been paying it can I stop paying it

The interest

Has gone crazy I can't pay it

Nick Curtis Thompson
Nick Curtis Thompson answered on Nov 9, 2016

Filing bankruptcy gets rid of your personal responsibility for the debt however it does not get rid of the mortgage unless you stripped the 2nd mortgage. Did your attorney talk to you about how this is done in a Chapter 13. Often if a second mortgage can be stripped and eliminated a Chapter 13... Read more »

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can a creditor listed in a bankruptcy add a derogatory closed account to your credit after the case is finalized?
Nick Curtis Thompson
Nick Curtis Thompson answered on Nov 9, 2016

Generally since you don't owe the account any longer you can not be overdue. A correct listing should be account closed. You will have to correct this with the credit bureaus however.

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