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Questions Answered by Cristina M. Lipan
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.

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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
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
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
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... View 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
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... View More

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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.... View More

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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.

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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... View 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... View More

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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... View 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... View 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.

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3 Answers | Asked in Bankruptcy for Colorado on
Q: What can you do if your employer deducts from your paycheck for garnishment before the date they stated it will begin.

I received a writ of garnishment notice from my employer stating they will start deducting from my paycheck on the 15th of this month. I have not received anything regarding this writ of garnishment before this. My employer actually deducted 80% from my last paycheck for this garnishment. I am... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Jun 13, 2018

The $1100 you earn each month is less than substantial gainful employment, and is only relevant in determining that you're still eligible for SSD benefits. However, that amount can be garnished with a proper judgment. Your SSD benefits are exempt and cannot be taken by creditors, but need to... View More

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2 Answers | Asked in Bankruptcy and Foreclosure for Texas on
Q: if I file for chapter 13 in Texas (from lack of employment) how can I save my house and automobile, or do I loose them?

Do the house/car payments get adjusted and if so, how does it work and for how long do the payments get lowered?

Cristina M. Lipan
Cristina M. Lipan
answered on May 22, 2018

You probably wouldn't file a chapter 13 if you have no income. House and car may be exempted somewhat in a chapter 7. You need to speak to an attorney about your specific situation, as an answer on how to proceed depends on many factors.

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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Under a chapter 7 bankruptcy, if I inherit the home I live in via deed transfer, is the home still an exempt asset?

My parents own the home and want to transfer the deed to us as an inheritance rather than gift to avoid gift tax. Could the trustee take our home in that scenario?

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

It doesn't matter how you received ownership of the home. If you own real property and use it as your residence, you can use the available homestead exemption. However, a homestead exemption may not completely protect your property. You should speak to a local bankruptcy attorney to assess... View More

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2 Answers | Asked in Bankruptcy for Texas on
Q: Bankruptcy automatic stay

I provided a post tax sale notice to someone after their property was sold in a tax sale. This is done to ensure that the person’s constitutional rights under the 4th amendment are protected.

I then receive a letter from their attorney saying should I contact their attorney again, they... View More

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

It's just a standard letter and you do not need to take it personally. Now that you are on notice, the automatic stay applies.

Information provided for informational purposes only and should not be taken as legal advice.

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2 Answers | Asked in Bankruptcy for California on
Q: I need to find the bankruptcy filing that my ex-husband and I did in 1981, I'm not having any luck. Where do I go?

I'm looking for the bankruptcy filing that my ex-husband and I filed in 1981 in San Bernardino County. I thought I had a copy of it, but can not locate it. Where do I go to locate it?

Cristina M. Lipan
Cristina M. Lipan
answered on Apr 30, 2018

Go to the bankruptcy court and ask the clerk's office. I believe this is the location:

http://www.cacb.uscourts.gov/court-locations/riverside

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2 Answers | Asked in Bankruptcy for New York on
Q: What forms in Southern NY have to be filed first for chapter 7 bankruptcy without a lawyer?
Cristina M. Lipan
Cristina M. Lipan
answered on Apr 25, 2018

Here is the link to the court's website: http://www.nysb.uscourts.gov/filing-without-attorney

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1 Answer | Asked in Bankruptcy for Michigan on
Q: Filed Bankruptcy 4 years ago now alma mater is garnishing wages. Was this not discharged?

I filed for bankruptcy in 2014. The discharge schedule had my alma mater listed as a creditor for a tuition bill that was not paid by my student loan creditor. I know that my student loan wasn’t discharged, but is the tuition bill from alma mater not discharged either?

Cristina M. Lipan
Cristina M. Lipan
answered on Apr 23, 2018

The unpaid tuition should have been discharged, as long as that debt was incurred before you filed. The fact that they're already garnishing wages means you ignored or didn't receive court notices (which may or may not be an issue). You should contact the court that issued the judgment,... View More

2 Answers | Asked in Bankruptcy for Illinois on
Q: Can a consumer ever file for a Chapter 11 bankruptcy outside of a business context?
Cristina M. Lipan
Cristina M. Lipan
answered on Apr 23, 2018

An individual may need to file a chapter 11 case if they exceed the chapter 13 debt limits. Chapter 11 is more complicated and costly than chapter 7 or 13.

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2 Answers | Asked in Bankruptcy for Colorado on
Q: My businesses creditors threatened to file for an involuntary bankruptcy. What on earth is that, or was it just a

baseless threat?

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

Your creditors can file an involuntary petition forcing you into bankruptcy. You can either fight it or proceed with the bankruptcy. Most likely, it will be filed as a chapter 7 involuntary, which means a trustee will be assigned by the court. The trustee would be tasked with administering the... View More

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1 Answer | Asked in Bankruptcy for Texas on
Q: Is there a special process to remove a bankruptcy from your credit report, or will it go away after a certain amount of

time?

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

It stays on your credit report for 7 years.

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