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Questions Answered by Cristina M. Lipan
2 Answers | Asked in Bankruptcy for Connecticut on
Q: A question about bankruptcy.

A friend filed for bankruptcy in 2015 because a debtor collector firm filed a lawsuit to foreclose on her home. In which her mortgage had been rescinded in 2005 by her attorney because she had incomplete contract with Ameriquest. So since 2005 by her attorney's advised she stopped making... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on May 12, 2022

Although the bankruptcy discharge extinguishes the personal liability of a debtor, it does not extinguish an action against the debtor in rem, i.e., the secured creditor’s right to enforce its mortgage lien. As long as the mortgage was valid, the secured claim the lender had against the property... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: I have Proof of Claim paperwork from a former job filing Chapter 11, but I don't know if I am a creditor.

I worked for the job 3/20 to 3/21. I have consulted other law services and been told that I should be a creditor if I have received such paperwork. They directed me to this site for more help. I've submitted a request for a list of creditors so that I can be sure I have a right to file a... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Mar 14, 2022

Just because you received the proof of claim does not mean you are a creditor. The form is sent out to a lot of parties - anyone that might have a claim. As a former employee, you are a party that might have a claim. If you believe you are owed money then you would file a claim, but you will need... Read more »

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1 Answer | Asked in Bankruptcy and Consumer Law for Arkansas on
Q: How can I protect self from a store going bankrupt if they are storing an expensive item for me?

I am purchasing an expensive large item, but it will take 4-8 weeks for the specialized national movers to pick it up. They want full payment now, what can I do to protect myself now, if the dealer goes bankrupt before the movers come?

Cristina M. Lipan
Cristina M. Lipan answered on Dec 6, 2021

You may consider paying with a credit card and dispute the charges in the event that happens. This may tie up your credit. You might also negotiate timing of the payment. Another option is to perhaps place the funds in escrow pending pick up. You have to discuss with the store to see what they will... Read more »

2 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Texas on
Q: My house was foreclosed upon while I was under bankruptcy protection in 2004, is it too late to sue Ameriquest Mortgage?
Cristina M. Lipan
Cristina M. Lipan answered on Nov 3, 2021

The bank likely received an order from the court lifting the automatic stay to proceed with the foreclosure. This is not uncommon and they can do this for various reasons - no equity, no adequate assurance, you haven't been paying the mortgage post petition... etc. Take a look at your... Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: Recording chapter 7 bankruptcy with the court in Texas, before the hearing, will that stop State proceedings?

I know the back child support can never be washed away, but if by recording the Chapter 7 bankruptcy, will keep me out of debtors prison or jail?

Is this a true statement about filing bankruptcy, If you are behind on child support?

Filing a chapter 7 will get you out of jail by... Read more »

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

The automatic stay does not apply to criminal proceedings or domestic support obligations. Bankruptcy Code 362(b)(1) and (2).

(b)The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of...
Read more »

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2 Answers | Asked in Bankruptcy for Ohio on
Q: I'm answering a complaint. And it says plaintiff does not seek an award of attorney fees contractual or statutory

Interest after date of charge off. How do I answer this correctly? Thanks

Cristina M. Lipan
Cristina M. Lipan answered on Sep 21, 2021

If you're trying to answer a complaint, it sounds like you are the defendant, not the plaintiff. If it says, the plaintiff is not seeking attorneys fees, there is nothing for you to answer. If that's the case, this could be answered with, "Defendant lacks sufficient information to... Read more »

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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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