Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Cristina M. Lipan
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
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... Read more »

View More Answers

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
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
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
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... 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
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
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... 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
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 »

View More Answers

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... Read more »

Cristina M. Lipan
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 »

View More Answers

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
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.

View More Answers

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... Read more »

Cristina M. Lipan
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 »

View More Answers

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
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.

View More Answers

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
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.

View More Answers

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
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.

View More Answers

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
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... Read more »

View More Answers

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
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 »

View More Answers

2 Answers | Asked in Bankruptcy for Indiana on
Q: we are seniors we have a debt with discover card which they have filed suit against us i have stage 4 colon cancer not

to live very much longer my wife has serios spine issues we dont own no property what going to happen

Cristina M. Lipan
Cristina M. Lipan answered on Aug 16, 2018

They will probably get a judgment from the court, which means they can bring that to the Marshal/Sheriff who can search for and seize any assets you may have. Obviously, if you have nothing, there is nothing to take. However, keep in mind that this includes salary income and money in bank accounts.... Read more »

View More Answers

3 Answers | Asked in Bankruptcy for New York on
Q: Can I file for Chapter 7 Bankruptcy if my mom has me down as a Shareholder on her Coop?

I want to file for Chapter 7 Bankruptcy, I do not own any assets but my mom owns a co-op in NYC and has me down as a Shareholder. If I file for Chapter 7 Bankruptcy, can the court come after my mom home?

Cristina M. Lipan
Cristina M. Lipan answered on Aug 14, 2018

This is considered your asset as well. While an exact answer depends on factors that require more information, most likely yes, the trustee would come after this co-op.

View More Answers

4 Answers | Asked in Bankruptcy and Collections for California on
Q: Can a judgment against me garnish my SSDI (Disability), my old VW Bug that's worth less than $3,000, my furniture?

Was served on August 8, 2018. My husband was ill with terminal cancer & couldn't work. I live in Northern California, El Dorado County, I'm 56 years old & became disabled & couldn't work. Took a long time to get our disability & went through our savings & had to... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Aug 9, 2018

If you want to file bankruptcy, your assets would likely all be protected through the exemptions. However, it looks like $9000 of debt might not be worth paying an attorney $1500+ for. Your SSDI benefits are exempt from creditors, but you'll need to keep those funds separate from any other... Read more »

View More Answers

1 Answer | Asked in Social Security for New York on
Q: senior citizens receiving Social Security and a Veterans Disability Pension are they Judgement proof
Cristina M. Lipan
Cristina M. Lipan answered on Aug 8, 2018

This income is exempt from creditors. However, you must keep the funds separate from other types of income and have proof it was never co-mingled. As a practical matter, it is possible to have the funds taken out of your bank account even if they are exempt - it's just they would need to be... Read more »

2 Answers | Asked in Bankruptcy and Collections for Pennsylvania on
Q: If the original lender of a private student loan forgives it and it is sent collections, can you discharge in bankruptcy

They original lender of my private student loans wrote them off and sent them to collections. I checked my credit score on Credit Krama and it listed other federal and private student loan debt but the others where under collections by national collegiate student loan trust. I am on disability and... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jun 15, 2018

The private student loan may be dischargeable under hardship if you have been found disabled by social security. You will need an attorney for that.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.