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Questions Answered by Cristina M. Lipan
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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3 Answers | Asked in Bankruptcy for New York on
Q: Do I need to file bankrupsy chapter 7 . Single dont own anything unfortunately. On ssd. Have a personal loan

A few cards.

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

Although you have no assets for creditors to take, you might decide you don't want the hassle of collection calls, or just in case you receive non-exempt assets or income in the future, that these are not taken from you by a potential judgment. However, you may decide it is too expensive to... Read more »

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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: In chapter 7 can they force a sale of a home you are only part owner of?

5 of us inherited a $150k home from our father. 4 of us are living in it and one of us living there wants to file chapter 7 bankruptcy on $60k worth of debt. None of us are in a position to take on a loan payment to buy the one out. Will they make us sell the house to get their 1/5 share of it?

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

It will depend on the equity owned by the sibling filing bankruptcy and the homestead exemption available to them. 1/5 of $150k is $25k, so as long as the homestead exemption in the state they live in offers $25k (or if they can use a wildcard exemption if available), it should be ok. Your sibling... Read more »

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2 Answers | Asked in Bankruptcy for Ohio on
Q: My employer just filed for Chapter 11. I haven’t told them I’m pregnant yet but I plan to in a couple weeks .

I would like to know if my insurance could be affected by this chapter 11 and if I will still get my maternity leave the way that I would have prior. Also could me being pregnant put a target on my back for my job?

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

It depends on the specific facts of the chapter 11 case. Usually in a chapter 11, the business can continue operating. That means they may continue paying certain operating expenses, like employee benefits (with court approval). However, in the event the chapter 11 case doesn't go well, the... Read more »

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Is unemployment income exempt in a chapter 7 bankruptcy in Indiana?

I was told that the stimulus payments were exempt and could be kept, but will the additional $300 in unemployment income be safe as well? For example, if I receive $3,000 in unemployment income, am I allowed to have that in the bank account when I file? We are filing after we receive our tax... Read more »

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

The tax refund is not exempt on it's own, but there's a federal wildcard exemption of $11,000 you may be able to use, depending on your other assets. You need to speak to an attorney to review all your financial details and advise you about what will be exempt.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: My fiancé filed chapter 13 bankruptcy 2 years ago and due to losing his job and unable to find work due to COVID in Ma

March 2020 had to convert to chapter 7. Included in the chapter 13 was $15,000 of irs debt due to taxes on wages earned in 2015 and 2017, when the 13 was converted to chapter 7 we were told everything in the chapter 13 would be included in the chapter 7 he even has emails from the attorneys legal... Read more »

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

It's because taxes are generally non dischargeable, meaning it survives the bankruptcy case. When a case is converted to chapter 7, the same debts remain in the case. The IRS not receiving notice of the discharge is irrelevant, because you could always send them a copy after (and this is sent... Read more »

3 Answers | Asked in Bankruptcy for District of Columbia on
Q: I filed chapter 13 December 3,2020. A creditor/credit union debited my account 7 days prior.How do I recover those fund

I thought it was a certain number of time that debt would have to be returned to the person once they filed bankruptcy. I reside in Virginia.

Cristina M. Lipan
Cristina M. Lipan answered on Jan 5, 2021

They are allowed to debit the funds before you file bankruptcy. It's when they continue collection activity AFTER you file, that they should return the money to you. What you might be thinking about are preferences (Bankr. Code Section 547). This is where the Trustee recovers certain transfers... Read more »

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2 Answers | Asked in Bankruptcy and Collections on
Q: Final judgement in Florida for a company based in Pennsylvania that owes me over $15K. Now bankrupted. What can I do?
Cristina M. Lipan
Cristina M. Lipan answered on Dec 8, 2020

File a claim in the company's bankruptcy case. There's not much else you can do unless you have a reason to object to discharge (for example, if there was fraud). For this kind of objection, you'll need to research bankruptcy laws very thoroughly or retain an attorney, although for a... Read more »

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6 Answers | Asked in Bankruptcy for New Jersey on
Q: Why is my bankruptcy lawyer pushing me to sue my last employer and amend my current bankruptcy filing?

I had the absolute worst lawyer file my bankruptcy and overcharge me considerably. I don't know why she is so interested in my personal life but I did mention to her how severely discriminated I was at my last job. I thought about suing my previous employer but decided to let it go and... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Oct 7, 2019

Your lawyer just wants to make sure all possible claims are listed on the petition, as she's supposed to do ... she's just trying to do her job.

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1 Answer | Asked in Social Security for New York on
Q: I was diagnosed with stage 2b breast cancer in 2017 I received chemo and radiation and now taking medications

I was out of work for a year and then went back part time. I am now back full time and was advised to still go ahead and try for back pay for the time I was out of work. I still suffer from ptsd and anxiety as well as in these side effects from the medicine. I am trying to work as I have 3 small... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Oct 7, 2019

If you are found to have been disabled for at least 1 year, then yes, you are entitled to benefits, even if it was for a prior period, and no longer need it going forward. However, you can only get benefits going back 1 year from when you apply.

2 Answers | Asked in Social Security and Bankruptcy for Alabama on
Q: I got denied disability and need a financial aid lawyer to help with my appeal
Cristina M. Lipan
Cristina M. Lipan answered on Sep 30, 2019

You should search for legal aid in Alabama, and see what is available close to you. If you don't qualify, keep in mind that most attorneys will only charge you if successful in finding you disabled.

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Q: SSDI hearing

Will I get denied if I do not have an attorney at my court hearing?

Cristina M. Lipan
Cristina M. Lipan answered on Aug 19, 2019

You won't get denied just because you don't have an attorney, but you're much more likely to be successful if you have one. That's because an attorney will know what records you need and will argue why you should be considered disabled. However, you will need to get an attorney... Read more »

2 Answers | Asked in Bankruptcy for Illinois on
Q: Is there any possible way to successfully discharge student loan debt in a bankruptcy or is it nondischargeable?
Cristina M. Lipan
Cristina M. Lipan answered on Jul 12, 2019

If you can be found disabled by social security, otherwise not really.

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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
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
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
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
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 »

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