Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Andrew Bresalier
2 Answers | Asked in Bankruptcy for Wyoming on
Q: How do you know if you need a bankruptcy lawyer?

60 years old, over $10,000 in past due medical bills

Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

View More Answers

2 Answers | Asked in Collections for Wyoming on
Q: HOW DOES A PERSON GET JUDGEMENT PROOF? DO YOU NEED A LAWYER? FILL OUT A FORM?

I AM ASKING FOR MY SISTER. MARRIED 26 YRS, HUSBAND JUST UP AND LEFT FOR GOOD. SHE HAS HAD LUPUS SINCE 2003. LAST 6 MONTHS ZERO DOLLARS. SHE CAN'T WORK. SHE IS TRYING TO GET DISABILITY. CREDITORS ARE AFTER HER ALL THE TIME...SHE HAS NOTHING. HOW DOES SHE BECOME JUDGMENT PROOF?

Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: This is a lay-person term for being uncollectable. There is really no such thing as really being “Judgment Proof” as a bar to being sued. Any one can be sued for anything. A Plaintiff can be granted a judgment, despite the Defendant’s holdings, or lack there of. Once the judgment is... Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Wyoming on
Q: Do the documents from Bankruptcy Court need to be filed separately in the local court in order to prevent foreclosure?
Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: Once you file the docs in the Fed court, you should put the case number on a Suggestion of Bankruptcy and file it in the State court. Otherwise, they will not know the Bky Stay is in effect.

1 Answer | Asked in Bankruptcy for West Virginia on
Q: If my husband is going to file bankruptcy do I have to also?
Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: No, married people can file Bky individually; however, if you work, your income and paystubs must be disclosed.

1 Answer | Asked in Bankruptcy for West Virginia on
Q: Can Bankruptcy chapter 7 discharged in December of 2004 be removed from my credit report Credit Bureau said it take 10 y
Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

It takes 10 years. It cannot be properly removed. Anyone who tells you they can remove it is a suggesting improper/illegal activity. If they do get it removed, it will only be temp. and will reappear.

1 Answer | Asked in Bankruptcy for West Virginia on
Q: Can an abstract of judgement for car repossession deficiency balance be renewed by creditor after Chapter 7 Discharge?
Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: Generally, NO. Such a debts from prior to filing should be dischargeable, unless the granting of credit was based upon fraud. If they attempt to collect, you should advise your attorney, as they could be liable for sanctions.

1 Answer | Asked in Bankruptcy for West Virginia on
Q: When filing chapter 7 bankruptcy in W. Virginia after have moved from another state where could I be directed?

I am sort of a student at law ( Paralegal) I could do my own bankruptcy my only question or issue would be the duality of the jurisdiction. Though no debt would be or would have been incurred in the current state.

Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: Jurisdiction is determined where you have resided for the last six months. However, exemptions are determined via a 522 examination, which requires reviewing where you resided for the majority of time over the last few years. If you are a law student, I strongly suggest you delay your filing,... Read more »

1 Answer | Asked in Bankruptcy for West Virginia on
Q: I am facing foreclosure on my only home can I file bancruptcy to avoid being thrown out of my home?
Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: Filing a Bky will Stay (Stop) a foreclosure; however, unless you file a Chapter 13, which requires payments, your time will be very limited. Additionally, Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared... Read more »

1 Answer | Asked in Bankruptcy for West Virginia on
Q: How many times can a person file bankruptcy in one year
Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: Filing date to filing date for a chapter 7, you must wait until 7 years expires. So if you filed a chapter 7 on January 01, 2000, you must wait until January 02, 2007. However, if a Discharge was not entered, generally a matter is Dismissed with Prejudice, which means they cannot refile for at... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: How do I find out if an individual living in Pinellas County Florida has filed bankruptcy.
Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

View More Answers

1 Answer | Asked in Bankruptcy for Washington on
Q: Can an individual still be taken to small claims court by another individual if filing for bankruptcy?
Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: If the underlying claim arose prior to the filing of the Bky, you should include the claim in the Bky and file a Suggestion of Bankruptcy in the Small Claims Case. If the underlying claim arose after the filing of Bky, you still owe it.

1 Answer | Asked in Bankruptcy for Washington on
Q: Is a personal injury settlement exempt from Chapter 7 bankruptcy in the State of Washington?

I filled chapter 7 with my spouse and the 341 hearing is tomorrow. My personal injury case is not settled yet. Is it correct that, under both federal and Washington State exemptions, that a personal injury settlement is exempt up to $21,000?

Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: Generally, if a Defendant in a PI case files for Bky, the Plaintiff files a Motion for Relief from Stay, so they can proceed against the Insurance Company; however, if the accident was relating to a DUI, the matter will not be discharged.

1 Answer | Asked in Bankruptcy for Washington on
Q: I want to voluntarily dismiss original ch 13 case dismissed. I am in West Dist WA. What is the procedure?
Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: Easiest and cheapest way is just to stop making your Plan payments, and the Trustee will do it for you. Alternatively, you can file a Motion to Dismiss. Either way will require a hearing and the dismissal will be with Prejudice – you will be not be permitted to refile for at least six months.

1 Answer | Asked in Bankruptcy for Washington on
Q: How long does it take a entry judgment to be completed?
Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: Depends on how the matter was handled, i.e. Default, Summary Judgment, Trial, etc. After that, is depends on the diligence of the Plaintiff’s Attorney and the backlog at the Clerk of the Court.

1 Answer | Asked in Bankruptcy for Washington on
Q: How would i go about filing for medical backruptcy
Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: There is no such distinction. When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

1 Answer | Asked in Bankruptcy for Washington on
Q: Can you include a mortgage on bankruptcy?
Andrew Bresalier
Andrew Bresalier answered on Feb 18, 2014

A: When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

1 Answer | Asked in Bankruptcy for Virginia on
Q: I have 3 judgements that my bankruptcy lawyer missed can they be removed with a notice of satisfaction.
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: A Notice of Satisfaction is filed by the Creditor/Plaintiff has been paid by the Debtor/Debtor. That does not appear to apply. I would suggest you have your attorney reopen you Bky to amend for matters. This may require the filing of Adversary Actions. An attorney has a requirement to Due... Read more »

1 Answer | Asked in Bankruptcy for Virginia on
Q: Are SSDI payments received after a Chapter 7 bankruptcy filing protected from creditor process in Virginia?

Client filed for Chapter 7 in Virginia on October 30, 2013 and received lump sum SSDI payment in early November. Client also placed this payment into an account with $10 from another source, thereby "comingling" the funds. Can this SSDI payment (and future payments) still be protected from the US... Read more »

Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: The Bky court only looks to income prior to the filing. Generally, SS is exempt from the Means Test and garnishment; however, once it is your bank account the source is no longer considered, so it can be taken. However, before it is in the account, they cannot take it.

1 Answer | Asked in Bankruptcy for Virginia on
Q: Can a wife verify if her husband has filed bankruptcy
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

1 Answer | Asked in Bankruptcy for Virginia on
Q: I don't want my trustee to take my taxes so can I dismiss my case. I have no assets. How do I do this. I filed Pro Se
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: If you have a Refund, you have assets. If you have clothes, a car, a house, you have assets, though chances are they are exempt. If you are prior to the Meeting of Creditors and do not show up, usually a Trustee will dismiss the case, but if your expected Refund is sizable, the Trustee may... Read more »

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.