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Questions Answered by Nick Curtis Thompson
3 Answers | Asked in Bankruptcy for Kentucky on
Q: Took tenant to small claims judge ruled in my favor but says she is filing bankruptcy can she add that to bankruptcy?

If so does that mean she doesn’t have to pay me what the judge ordered her to pay and is there a way to stop her from not paying us and adding it to the bankruptcy when she files? We filed the case in small claims before she ever started to file for bankruptcy but now she’s saying her lawyer is... Read more »

Nick Curtis Thompson
Nick Curtis Thompson answered on Sep 16, 2020

If she has filed bankruptcy you are barred from collection. Dont even think about it. However, the only way to properly check is to call the court clerk. Do not trust her to file. Clients often claim they filed or will file. She is only protected if she actually files the bankruptcy. The... Read more »

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2 Answers | Asked in Bankruptcy and Animal / Dog Law for Kentucky on
Q: We broke up, I took the dog. All the vet stuff is in my name, and I've paid for it. Is it my dog?

He hasn't been chipped. But he may have been registered by the breeder.

Nick Curtis Thompson
Nick Curtis Thompson answered on Aug 26, 2020

Every Divorce case depends on the facts who paid for the dog, who owned the dog prior to the couple getting together and 100 other facts that can be brought up. Normally registering a dog is from the breeder to the purchaser. You can't just register the dog with the AKC without the breeder... Read more »

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: How do I file my objection to the proposed relief letter with the court in a bankruptcy case? Does "file" mean just mail

it to them?? and it says the letter needs to be "served" to the trustee and debtors counsel?? again, mail it?

Nick Curtis Thompson
Nick Curtis Thompson answered on Aug 12, 2020

If a motion for relief from stay has been filed in your case your lawyer should file a response, not you. If you have no lawyer you have a limited time to file an objection or the mortgage company will go back to state court and sell the home. What commonly happens is the debtor fails to make... Read more »

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1 Answer | Asked in Bankruptcy for Virginia on
Q: if a couple gets divorced and one partner files for bankruptcy can they touch the house you both own?

The bankruptcy is for credit cards and medical bills only

Nick Curtis Thompson
Nick Curtis Thompson answered on Jun 23, 2020

The answer is yes. Of course whether or not you are in a community property state or not also effects how much a trustee can do. Basically the trustee owns the excess equity in any Chapter 7 case. Filing the case gives that equity to the trustee at the moment of filing and it cannot be undone... Read more »

2 Answers | Asked in Bankruptcy for New Jersey on
Q: Can someone direct me to a bankruptcy attorney for Trenton NJ that does free consultation and also pro bono?
Nick Curtis Thompson
Nick Curtis Thompson answered on Jun 23, 2020

Almost every lawyer gives a free initial consultation. However you get what you pay for. You can get a pro bono attorney but we can not work for free. We have to pay for the office and our student loans. If the attorney is learning how to file a bankruptcy by doing your case it probably wont... Read more »

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2 Answers | Asked in Bankruptcy and Collections for Ohio on
Q: I was on short term disability from job and got paid from insurance plan through work. Can that be garnished. In Ohio

I have been getting money taken out of my check for the a garnishment while I was working but thought Short term disability was exempt? It was for a old judgment.

Nick Curtis Thompson
Nick Curtis Thompson answered on Jun 23, 2020

Generally no. Child support and some debts can reach into even social security retirement and disability. Normally judgment creditors cannot attach your disability. Once the check is cashed and placed into a checking account and co mingled with other funds it is completely attachable. So be... Read more »

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4 Answers | Asked in Bankruptcy and Banking for Virginia on
Q: Can Chase repo vehicle if credit card defaults, and car loan is paid each month?

I live in VA and have a Chase credit card and a Chase vehicle loan. If I default on my credit card, but remain up to date with my vehicle loan, can they repo the vehicle?

Nick Curtis Thompson
Nick Curtis Thompson answered on Jun 23, 2020

This generally happens if there is a cross collateral clause in the contract where all the loans are secured by any other loan. These are most often found in credit union contracts. In bankruptcy you can redeem the vehicle and take it from the credit union by paying the fair market value of the... Read more »

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: My wife is in chapter 13 and owns property outside the plan. Is she allowed to transfer it to me to obtain mortgage?
Nick Curtis Thompson
Nick Curtis Thompson answered on Jun 23, 2020

Yes with court approval for most transfers. Whether she can transfer depends on how much equity she has in the property. If the property would not have given creditors any meaningful distribution in a Chapter 7 the judge may allow it.

However. if there is substantial equity for the...
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2 Answers | Asked in Bankruptcy and Collections for Louisiana on
Q: I need to file bankruptcy. I hear that if I fall under a certain income that I can get free or at least financial Help??

I live in Winnfield, LA 71483, need an bankruptcy Attorney in the Alexandria, Louisiana area that can maybe help me with this. Could you maybe help steer me in the right direction??

Nick Curtis Thompson
Nick Curtis Thompson answered on Jun 23, 2020

Almost every lawyer gives a free initial consultation. However you get what you pay for. You can get a pro-bono attorney if you have little or no income. But be realistic we can not work for free. We have to pay for the office and our student loans. If the attorney is learning how to file a... Read more »

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3 Answers | Asked in Bankruptcy and Business Law for Kentucky on
Q: What is the risk of filing Chapter 7 as a single owner LLC?
Nick Curtis Thompson
Nick Curtis Thompson answered on Apr 30, 2020

In Kentucky since you own the LLC solely it is solely your asset. A Trustee may be able to sell assets of the LLC. If the LLC had other members this is generally not possible for the Trustee.

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: If a coal company files bankrupt, are they still obligated to fulfill a lease agreement?

In the agreement, they suppose to deed me 8 acres of land once the final bond phase is up. They are currently going through the bankrupt.

Nick Curtis Thompson
Nick Curtis Thompson answered on Apr 9, 2020

No! In the bankruptcy petition the Debtor should have announced his option to pay the lease and accept it or reject it. If this is a lease and the bankruptcy was filed during an eviction proceeding the debtor may deposit any overdue funds with the court and accept the lease but immediately cure... Read more »

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: I'm in a Chapter 13 in Western Dist of KY. Confirmed in 2017. Will I have to turn stimulus check over to trustee?

The CARES act seems to be very clear that the Stimulus money cannot be used as "income" when FILING bankruptcy or when CONFIRMING the chapter 13 plan. The language isn't quite as clear for people currently in a confirmed Chapter 13 plan. Will I be able to keep the stimulus money or... Read more »

Nick Curtis Thompson
Nick Curtis Thompson answered on Apr 6, 2020

The debtor has a duty to use his best efforts to repay. However everything we have heard indicates that you will not have to turn this over.

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: I had filed bankruptcy in 2016 and had filed it on my credit cards, now I have to give my lawyer another 500.00 to get

It taken off. Well she went through district court instead of bankruptcy court. I have sold my place. Is this legal?

Nick Curtis Thompson
Nick Curtis Thompson answered on Mar 5, 2020

District court is not bankruptcy court. Bankruptcy court is in the federal courthouse not the state district court.

Bankruptcy is in Bankruptcy court. If you discharged your bankruptcy I don't understand why you are in district court. I dont have enough facts and you dont explain...
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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... 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... 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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