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Questions Answered by Cristina M. Lipan
3 Answers | Asked in Bankruptcy for Arizona on
Q: Can a Trustee re-open a Chapter 7 closed case?

I received a discharge date on 5/8/19 on a Chapter 7 no asset. Pro se. The trustee submitted the final accounting report and Judge signed on 12/17/20. I was notified a settlement check went to the trustee. Does that mean they are going to re-open my case again? Can I hire an attorney to get my... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Sep 2, 2021

It is very unlikely the Trustee would re-open a case for $500. Just re-opening would cost more than $500. As previously noted, Trustees will abandon assets, even if they properly belong to the estate, if the administrative costs of doing so outweigh the benefit.

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1 Answer | Asked in Bankruptcy and Collections on
Q: How may I find out if I am eligible for volunteer legal services regarding creditor lawsuits and filing for bankruptcy?

I am being sued by a creditor and more are coming. I was advised to contact the plaintiff's attorney directly and request a hardship dismissal. There is a deadline for an answer to be filed with the court regarding current lawsuit and I have contacted the plaintiff attorney twice but have... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Aug 31, 2021

Upsolve is a non-profit that may be able to help, if you qualify.

https://upsolve.org/learn/transparency/

3 Answers | Asked in Bankruptcy for Georgia on
Q: Is it illegal to contact the trustee working on your bankruptcy case?
Cristina M. Lipan
Cristina M. Lipan answered on Aug 24, 2021

No, but if they have retained counsel for your case, you should reach out to the attorneys.

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2 Answers | Asked in Bankruptcy and Divorce for Ohio on
Q: Hi! File bankruptcy now or wait on half of 401K funds due to me from QDRO? Also,CC comp suing me. Court hearing soon

No clue what to do first. Divorce decree from OCT states that I intend to file for bankruptcy. However, QDRO funds are WAY overdue due to negligence of ex, his lawyer,both…so it’s costing me money in lawyer fees every month chasing them down. I’m broke. Now I can’t afford to pay another... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Aug 4, 2021

This is not legal advice. However, there is case law that says retirement funds owed by the ex spouse through a divorce settlement is an non-exempt interest and property of the estate (meaning a bankruptcy trustee can take it to pay creditors). However, retirement accounts are exempt, and a QDRO... Read more »

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2 Answers | Asked in Bankruptcy and Collections for Arizona on
Q: My girlfriend has a court order detailing her ex-husbands responsibility for 100% of a medical debt.

The debt has been sent to collections and as she has no contact with her ex-husband (she has tried but he is currently a fugitive wanted by Yavapai County in Arizona) they are still hurting her credit and forcing her to pay in spite of the court order that clearly details that he is responsible for... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Aug 3, 2021

Fair Debt Collection Practices Act (FDCPA) helps protect consumers.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#809

You may want to retain an attorney to represent you, and see if you can get the collection...
Read more »

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4 Answers | Asked in Bankruptcy for Florida on
Q: When you were in a car accident and you haven't settle yet, do you have to disclose the info when you are filing

chapter 7 bankruptcy

Cristina M. Lipan
Cristina M. Lipan answered on Jun 25, 2021

Yes, any claims that existed as of the filing date of the bankruptcy is property of the estate. See Koch v National Basketball Association: https://caselaw.findlaw.com/ny-supreme-court-appellate-division/1263295.html

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2 Answers | Asked in Bankruptcy for Florida on
Q: Senior citizen filing bankruptcy. Have no assets. Can I withdraw my Checking" account money?
Cristina M. Lipan
Cristina M. Lipan answered on Jun 24, 2021

Well, if you have money in a checking account, then you do have assets. If you're withdrawing $20,000 to give to your child as a gift then no, and a Trustee would sue your child. But if you're withdrawing $20 to buy groceries, that's fine. Certain assets (and you absolutely have... Read more »

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1 Answer | Asked in Real Estate Law, Bankruptcy and Consumer Law for South Carolina on
Q: I would like to purchase a parcel of land, but 1 of the 2 owners has several judgements against him in the same county.

The property is an empty parcel and not the residence of the debtor. He has only partial interest that does not exceed $5000. I am trying to find out if he can sell without being affected by the judgements. Using info from the S.C. Code 15-41-30, can he sell it and still remain "judgement... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jun 22, 2021

S.C. Code 15-41-30 refers to the homestead exemption, and you have stated it is not his residence. Therefore, the property is not exempt from creditors. Whether the lien is properly filed is another matter. However, if the lien is valid, then, although the property can still be sold, the lien... Read more »

4 Answers | Asked in Bankruptcy for Florida on
Q: If I am a co signer and my name is on a vehicle loan, can I file bankruptcy without filing on that loan?
Cristina M. Lipan
Cristina M. Lipan answered on Jun 21, 2021

You can not pick and choose. If you file bankruptcy, it affects all your debts and all of your assets.

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2 Answers | Asked in Bankruptcy for Florida on
Q: I posted a question earlier and got the answer but I made a mistake (paying for home insurance)

I mean paying for the home warranty for the appliances in the house. He pays for home insurance and property taxes.. Its his home after all not mine. Does this changes anything?

Correcting Prior post: I live with my BF in his paid off home and his income is SSD. I pay all the expenses in... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jun 7, 2021

If your boyfriend is considered part of your household, his income is needed for the means test. I am not saying he is or isn't, but is a question specific to your jurisdiction. Your attorney would know. If your attorney has asked for the income, then it's probably needed.

See...
Read more »

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4 Answers | Asked in Bankruptcy for Florida on
Q: I live with my BF in his paid off home and his income is SSD. I pay all the expenses in the house including food.

I live with my BF in his paid off home and his income is SSD. I pay all the expenses in the house including food, utility and home insurance. question, is my BF income need to be included with my income in chapter 7? All the debits are mine and under my name . He is not filling for bankruptcy... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jun 7, 2021

The issue of household income is separate from what debts exist and who is filing for bankruptcy. The household income is to determine the means test only. Who is a member of your household is the next question. If your attorney believes your BF is a "member of the household" for means... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: I owed $425k on my house . its value is around $1.4 million. My son needs $200k to start a business so i'm refinancing .

So my new mortgage is $640k . If my son formed a llc. My question is if he by chances get sued for a lease hold or food poisoning .. God forgive. Can landlord come after our house? How can I protect most of my interest of the house.

Dave

Cristina M. Lipan
Cristina M. Lipan answered on Jun 3, 2021

Your son should have insurance to cover these situations. In any case, as long as you didn't guarantee the lease or anything else in the business, as long as your son's name is not on the title to the house, or as long as your son's name is not on the mortgage, then I don't see... Read more »

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3 Answers | Asked in Social Security and Bankruptcy for Michigan on
Q: Can creditors put a lien on our home if my husbands social security money is secured in a different account?
Cristina M. Lipan
Cristina M. Lipan answered on May 18, 2021

A creditor may seek a judgment lien against real property that is owned by the Debtor (the individual who owes the creditor money). Social security income is generally not available to creditors, but it has to be in separate bank account from other funds. Bankruptcy may be an option, but you will... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: I have to file Form LBR 7016-1(a)(2) Do I need to file it at the courthouse. And have the judges’ copy stamped/deliverd
Cristina M. Lipan
Cristina M. Lipan answered on May 18, 2021

Look at the pro se rules on the Bankruptcy Court's website (I'm not sure which bankruptcy court in California you are in). There might also be a pro se clerk you can ask. You may be able to submit it online (NY has online upload for pro se debtors), or you may need to bring it to the... Read more »

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1 Answer | Asked in Bankruptcy for Florida on
Q: Hi

#1. My Chapter 13 was discharged today. I knew it was coming up so I just happened to check my credit report and turns out 1 creditor continued to report that account delinquent for 41 months. They were put on notice when I filed so they were aware. Will filing a FDCPA claim be worth it?... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Apr 20, 2021

A bankruptcy attorney would not monitor your credit report. If they were listed as a creditor, the court would have sent notice of the bankruptcy. Your attorney confirmed that they were noticed. This probably happened because the bankruptcy notice was not processed properly by the creditor. Speak... Read more »

1 Answer | Asked in Social Security for New York on
Q: If I am on social security disability will a 25,000 inheritance affect my disability payments
Cristina M. Lipan
Cristina M. Lipan answered on Apr 19, 2021

If you are receiving SSD, then assets won't matter, you just can't be working (because you're disabled). If you are receiving SSI, which is based on need, then it will.

For more info: https://www.crestssd.com/social-security-disability-qualifications/ssd-income-limits/

4 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for New Hampshire on
Q: If I lose a personal injury lawsuit from a car accident, can I file bankruptcy after the trial to wipe it out?
Cristina M. Lipan
Cristina M. Lipan answered on Apr 13, 2021

Generally speaking, bankruptcy discharges (wipes out) most debts. A judgment from a lawsuit is usually dischargeable, except for some due to public policy concerns, see https://www.law.cornell.edu/uscode/text/11/523 (for example, if car accident caused by driving under the influence or if injury... Read more »

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2 Answers | Asked in Bankruptcy and Family Law for Wisconsin on
Q: Can someone just stop paying for 50% of their childs needs if they are filing bankruptcy, if its a court order?

My fiances ex is filing for bankruptcy so she says. The child needs braces and 2 cavities filled and she is stating she will not be paying for them since she cant afford it. They have a court order that they both have to cover 50% of medical and dental cost. Is there something we can do about this?... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Mar 30, 2021

Domestic support obligations are not discharged in bankruptcy, so even if she files bankruptcy she would still owe this money (presumably, if she is required to pursuant to the court order). However, how would you get it if she just doesn't have it?

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: How do I find the final result of my claim? I have the case number.

This is in reference to Daewoo motor america bankruptcy case from 2003 I have a claim in the case. I just want to know if there is a monetary decision to my claim.

Cristina M. Lipan
Cristina M. Lipan answered on Mar 23, 2021

Looks like this was case number 2:02-bk-24411-BB (aka 02-24411) filed in the Central District of California 5/16/02. A plan was confirmed 10/8/03 and the case was closed 5/23/14, which means any payments for claims were already paid a long time ago. The deadline for filing claims was 11/18/02. If... Read more »

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 »

Cristina M. Lipan
Cristina M. Lipan answered on Mar 17, 2021

Student loans are not dischargeable in bankruptcy because of Bankruptcy Code 523(a)(8), which defines those type of nondischargeable student loans as:

(A)

(i) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program...
Read more »

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