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Questions Answered by Doug Allen Bernacchi
1 Answer | Asked in Bankruptcy for Indiana on
Q: Can I stop paying on 2 court judgments (repos) three months before I file chapter 7?

I don't want them to garnish wages. My payments now are voluntary and set up with the attorney offices (2 different ones).

Doug Allen Bernacchi
Doug Allen Bernacchi answered on Sep 22, 2017

This is not a fair question. Can you? May you? Should you? Or are you asking if you will or could be garnished in the next 3 months? I must assume you are not eligible to file now? Can anyone predict the future? Sorry, not something anyone can really answer. So, just file sooner rather than... Read more »

2 Answers | Asked in Bankruptcy for Indiana on
Q: i take care of my disable mother we have a personal loan together with our car as collateral we also have other

outstanding bills can we file chapter 7 togethr and is there anyway we can keep our car?

Doug Allen Bernacchi
Doug Allen Bernacchi answered on Apr 24, 2017

There are ways for sure. Most debtor's who file bankruptcy don't loose their car. Without a more information no one can give you reliable legal advice here. I would say call and we figure out, if you pay and drive through keeping the car, reaffirm the auto loan, or redeem it for fair market... Read more »

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2 Answers | Asked in Bankruptcy, Consumer Law, Family Law and Foreclosure for Illinois on
Q: How long do I have to get out of my home after I file bankruptcy and give the state my home.
Doug Allen Bernacchi
Doug Allen Bernacchi answered on Mar 30, 2017

Until you get evicted...that is the simple answer.

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1 Answer | Asked in Bankruptcy for Nevada on
Q: As a creditor, can I file a reaffirmation if we (the creditor) have a lien hold or default judgement from the court?
Doug Allen Bernacchi
Doug Allen Bernacchi answered on Mar 30, 2017

Yes, they are voluntary contact the debtor's counsel at once. You know the best time to call is in the am, but you can check pacer reports to see if the lawyer has court hearings. Hint call them when they aren't in court. Email address of debtor's counsel is a great way and also ask them if they... Read more »

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Texas on
Q: One of my neighbors passed away and did not leave a will. She claimed chapter 13, and the house is part of it.

Her son makes 10 an hour and has no money. There is no will and he will not pursue the house . How can I jump in as an investor and get this house I would like to flip it and give him a little money so he can get an apartment. Since there is not a heir in the mix, should I wait until chapter... Read more »

Doug Allen Bernacchi
Doug Allen Bernacchi answered on Mar 30, 2017

This often works. I think she did the right thing if she has regular income and afford the plan payments. If not she could only be using the file to obtain cheap rent and delay the inevitable, which could have real economic value in the short run, but not address her long term need for affordable... Read more »

1 Answer | Asked in Bankruptcy for Indiana on
Q: My brother has ALS. Combined disability and Medicaid will cover the cost of his nursing home with nothing left over.

He has $17k in credit card debt, a mortgage and a car payment. What will happen to the debt when he can no longer use his disability income to make payments?

Doug Allen Bernacchi
Doug Allen Bernacchi answered on Mar 30, 2017

He does not like need to file bankruptcy but a debtor's attorney may be able to help

learn how by call me 219-879-2889. Persons in this position will not need to pay very much to get a lot of help!

1 Answer | Asked in Bankruptcy for Indiana on
Q: My wife & I filed # 7. If I have Power of Attorney for her, does she have to appear at Debters meeting ?
Doug Allen Bernacchi
Doug Allen Bernacchi answered on Mar 30, 2017

You if pro se or your lawyer should ask your trustee. The Northern District of Indiana South Bend Division will allow it if the POA document provides for bankruptcy and/or fiduciary powers. It needs to be specific. If a spouse cannot appear and the POA is not adequate, sometimes Interrogatories... Read more »

2 Answers | Asked in Real Estate Law and Bankruptcy for Indiana on
Q: My husband and I bought a house with my mother. On all the paper work her name is first but it states we are equal owner

She is moving out and said she is filing chapter 7 bankruptcy. Does that mean we will lose the house? What are our options ?

Doug Allen Bernacchi
Doug Allen Bernacchi answered on Mar 30, 2017

I agree with the answer above or below, but I had this phone call recently and "the home" was 1978 park model with lot rent. The value of the home is all that matters and whether it is financed or has liens. Always use a lawyer with years of experience when you have something to lose. Google... Read more »

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