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Questions Answered by Cristina M. Lipan
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... View 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... View 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... View 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...
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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... View 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... View 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... View 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... View 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... View 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?... View 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... View 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... View 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?... View 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... View 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... View 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...
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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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