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Questions Answered by Cristina M. Lipan

2 Answers | Asked in Bankruptcy for Minnesota on

Q: Waitng 4 lrg backpy chk from fvrble disab ruling. SSA in processing. Need 2 file 13 soon.

If it comes after filing, is it asset after the fact? How is it treated?

Cristina M. Lipan answered on May 2, 2019

Income from social security disability is exempt from creditors and wouldn't be included. You should speak to an attorney to determine whether a chapter 7 case would be more appropriate for you.

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2 Answers | Asked in Bankruptcy for South Dakota on

Q: If my Boyfriend files Bankruptcy and I was on a loan he had do I have to file too?

Cristina M. Lipan answered on Apr 25, 2019

If you are a personal guarantor, you remain obligated to pay the loan even if your boyfriend files bankruptcy. You aren't required to file bankruptcy too, but you remain responsible for paying that debt.

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3 Answers | Asked in Bankruptcy and Banking for Utah on

Q: If I stop paying my Credit Cards because I know I'll be filing Chapter 7 in a few months. What do I do with extra cash?

For my unsecured debt, the minimum payments are $1200 a month. If I stop paying them because I plan to file what am i expected to do with the excess money. I, of course, will need some to live on and but will probably have $500 leftover. I image if I put that in my mattress it will need to be... Read more »

Cristina M. Lipan answered on Apr 2, 2019

You can exempt certain assets. If you have enough exemptions to cover that extra cash it's not a problem what you do with it, it's yours. To be safe, just don't take too long to file your bankruptcy case so you don't accumulate so much.

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1 Answer | Asked in Bankruptcy for Maryland on

Q: Do you have any Pro Bono in my area or other parts close by for me to talk to and start this action?

I've called and left messages to one of the legal aid but no one has gotten back to me yet. Meanwhile looking else where or online to check other pro bono legal help, some law firms show to file bankruptcy only $500. I know that's a scam. If you know of any please by all means email me!... Read more »

Cristina M. Lipan answered on Mar 21, 2019

Legal aid will help you prepare the documents, but probably will not be able to adequately advise you the same way an attorney would and does not actually represent you. You might end up being ok filing yourself, but so many things can go wrong that you wouldn't know about in advance. I highly... Read more »

2 Answers | Asked in Bankruptcy for Maryland on

Q: If I get a pro bono attorney that can take my case of credit cards for no charge, can they stop the creditors quick?

As I said before I received a summons on Tuesday and have till June for court, can pro bono stop the other creditors or contact them that I'm filing bankruptcy because I have no funds to pay them. What really saying can they stop them right away or its gonna take months before they contact the... Read more »

Cristina M. Lipan answered on Mar 21, 2019

Social security income is exempt from creditors, you just have to make sure to keep that money in a separate accounts from other types of income, if any. Technically, they cannot take that income to pay creditors, although sometimes they do in error and you would need to fight to get the money... Read more »

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2 Answers | Asked in Bankruptcy for Indiana on

Q: My MIL has 10k in credit card debt (one card only) and has been on SS income for years. Should she file bankruptcy?

She lives in an assisted living facility and has no assets. She can no longer afford making payments and hasn't been for months. Is bankruptcy the only option? I don't know that she can afford to file.

Cristina M. Lipan answered on Feb 19, 2019

Creditors cannot get to her SSD income, and if she has no other assets she's pretty much "judgment proof." However, sometimes money from bank accounts are taken erroneously and you'll need to fight to get that money back. A lot of people file bankruptcy just to not deal with the hassle. Bankruptcy... Read more »

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1 Answer | Asked in Social Security for New York on

Q: Recently, my mother was turned down for SSI because of alimony, but is completely disabled.

My mother is disabled, cannot hold a job due to the disabilities. I take care of her and am paid for it(I’m her daughter). She cannot obtain SSDI due to not working enough to get it, due to being married most of her life. She was told to apply for SSI instead as she should get it due to... Read more »

Cristina M. Lipan answered on Jan 23, 2019

She may be able to file SSD against ex husband's credits. She would not be eligible for SSI if she has income or more than $2000 in assets, regardless of severity of the medical conditions.... Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation and Consumer Law for Louisiana on

Q: Good morning. I’m getting garnished for a vehicle that was repossessed and sold. How can I stop it without bankruptcy?

The truck was originally $7000 (rounded) but I’m getting garnished for $15000 (rounded). The truck has been resold. I’ve paid $8000 (rounded) so far. Can you please help I can’t afford anything with garnishment. They’re taking 25% of my pay every 2 weeks. I also have 5 kids! I feel very defeated!

Cristina M. Lipan answered on Dec 26, 2018

There is probably a judgment against you for the unsecured portion you owe. If so, your only choice is bankruptcy.

1 Answer | Asked in Bankruptcy for Oregon on

Q: I have HIV and severe PTSD with phsycotic tendencies. I need a pro bono bankruptcy attorney.

I have been sick for over two years now and am unable to work. Am applying for disability. I have issues on my credit. I have just filed my 2013-2017 taxes after contacting the IRS and recovering the information needed. Was told to file all 1040ez. Have done as was told. They sent letters... Read more »

Cristina M. Lipan answered on Dec 13, 2018

Legal aid will help you draft your bankruptcy petition, but will not actually represent you. This is not the kind of legal work that attorneys will do pro bono. If you have no income or assets then you're essentially judgment proof anyway, so bankruptcy is not urgent and you can wait until you have... Read more »

1 Answer | Asked in Social Security for New York on

Q: Do I have to pay taxes on social security benefits or have I already paid them through my years of work?

Cristina M. Lipan answered on Dec 12, 2018

Social security benefits are not taxable income and are also exempt from creditors.

1 Answer | Asked in Social Security for New York on

Q: I'm on social security disability but expect to receive a large inheritance from my grandmother shortly. Will I have to

report this? Could I potentially lose my disability money?

Cristina M. Lipan answered on Nov 20, 2018

It depends if you're receiving SSD (Title II) or SSI (Title XVI). Title II is based on your work history and that you paid into the system (like an insurance program). Under Title II, your income/assets are not relevant. The only income that is considered is if you've received other public benefits... Read more »

3 Answers | Asked in Bankruptcy for California on

Q: I would like to know what to do about a NOTICE OF OBJECTION TO CLAIM? San Bernardino City Bankruptcy

Received from US Bankruptcy Court . Deadline for Opposition Papers must be filed 14 days prior to the hearing date of Nov 28, 2018. This is dated Oct 26, 2018. Notice of Objection and Objection pursuant to section 502 of title 11, US Code (Bankruptcy Code) Rule 3007 of Federal Rules of Bankruptcy... Read more »

Cristina M. Lipan answered on Nov 11, 2018

They included your claim in the bankruptcy filing as a potential claim - they include every possible claim. They want to completely get rid of this liability and have listed it under expunged claims. If you do nothing, nothing happens, but you also will no longer have any rights to proceed on this... Read more »

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2 Answers | Asked in Bankruptcy for New Mexico on

Q: Hi, I'm on SSI disability and I'm going to be filing Chapter 7 bankruptcy on my own without a layer.

I know the first thing I need to do is take a Pre-Filing Bankruptcy Credit Counseling course, and I'm going to do that online. When completed I will be filing Form B101 and Form B103B. I also need to file a B101B. Is the B101B filed with the B101 and B103B? Or possibly do I file every form I need... Read more »

Cristina M. Lipan answered on Sep 6, 2018

You will need to file with the clerk of the bankruptcy court (bring physical papers in). There may be non-profit organizations that will help you fill out paperwork, but not provide legal advice. As previously advised, the New Mexico bankruptcy court website has instructions:... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on

Q: Filed chapter 7 five yrs ago and now the mortgage company has filed a forecloser and put the forecloser in our name can

Cristina M. Lipan answered on Sep 4, 2018

A chapter 7 bankruptcy does not discharge secured debts, which is what a mortgage is. If you weren't paying your mortgage, then they can foreclose.

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2 Answers | Asked in Bankruptcy for Tennessee on

Q: I would like to know if I'm able to and what it would cost to file Ch. 7 bankruptcy in TN.

I have between $20,000-$30,000 of debt and would like to know if I would be able to file Ch. 7 bankruptcy and around what would be the upfront fees, if I'm able. I filed Ch. 13 in 2015, but due to job loss, it was dismissed. I'm pretty sure none of it is secured debt. I didn't know if the filing... Read more »

Cristina M. Lipan answered on Aug 24, 2018

You should be able to file a chapter 7 if your chapter 13 was dismissed. Chapter 7 is a complete discharge of your debts and a liquidation of assets - note that a lot of assets are protected, but only a local bankruptcy attorney can do a complete analysis and give you an accurate answer.... Read more »

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3 Answers | Asked in Bankruptcy for Arizona on

Q: I live in Arizona and I own my home outright and I'm going to file bankruptcy will I lose my home

Cristina M. Lipan answered on Aug 23, 2018

Most likely it will be considered a non-exempt asset which the trustee could sell to pay off your creditors. You should speak to a local attorney to review your exact situation, but most likely you're better off getting a home equity line mortgage to pay off your debts.

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2 Answers | Asked in Bankruptcy for Tennessee on

Q: My wife is the sole owner of our residence and the only name on the deed. We have NO shared expenses or loans.

If I were to file bankruptcy due to medical reasons, would said bankruptcy legally affect my wife at all ? Would she have to file with me ? We reside in the state of Tennessee. Thank you.

Cristina M. Lipan answered on Aug 21, 2018

She would not have to file with you, but her income is considered in determining whether you're eligible for chapter 7.

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2 Answers | Asked in Bankruptcy and Business Law for Wisconsin on

Q: How does a business proceed on getting there vehicle back as a lienholder , if the client has a chapter 7 discharge?

Can we legally contact after discharge of ch 7 if they still have our property and are not paying?

Cristina M. Lipan answered on Aug 21, 2018

Yes, the lien against the vehicle is not discharged. You should probably hire an attorney to handle this for you, though.

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2 Answers | Asked in Bankruptcy for Oklahoma on

Q: We filed chapter 11 bankruptcy in 2011 due to medical bills from surgery. How long before we can file again

We were both in the hospital this year and my husband was off work 6 weeks without pay and we got so far behind on all our bills plus the hospital bills for both of us

Cristina M. Lipan answered on Aug 17, 2018

I'm going to guess that you did not actually file chapter 11 (it is generally for businesses, and although individuals CAN file chapter 11, it is much more expensive and only necessary if you have a lot of assets). So, it depends on whether you file a chapter 7 or 13. The maximum time to wait would... Read more »

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3 Answers | Asked in Bankruptcy for Texas on

Q: In filing chap 7 , will I lose my home I’m paying for ? And 2 cars that are paid for ? I don’t have any assets .

A lot of unsured debt due to car accident and can not get a release from doc and lost my job of 16 years . I have judgements filed against me and others sueing me now as well . On disability fixed income . And no savings . Drained it trying to pay creditors . Bad situation. And hospital bills .

Cristina M. Lipan answered on Aug 16, 2018

You have a home and 2 cars, you have assets. In a chapter 7, your debts are discharged and any non-exempt assets liquidated to pay back those debts. However, there are protections available. For the home, it depends on equity you have in the home and if homestead exemption covers it. For the... Read more »

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