Questions Answered by Andrew Bresalier

Q: How do you know if you need a bankruptcy lawyer?

2 Answers | Asked in Bankruptcy for Wyoming on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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.

Q: HOW DOES A PERSON GET JUDGEMENT PROOF? DO YOU NEED A LAWYER? FILL OUT A FORM?

2 Answers | Asked in Collections for Wyoming on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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 granted, if the Defendant’s holding are within the respective states exemptions, he is said to be “Judgment Proof”, but that will not stop a Plaintiff from attempting to collect from any source...

Q: Do the documents from Bankruptcy Court need to be filed separately in the local court in order to prevent foreclosure?

1 Answer | Asked in Bankruptcy for Wyoming on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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.

Q: If my husband is going to file bankruptcy do I have to also?

1 Answer | Asked in Bankruptcy for West Virginia on
Answered on Feb 18, 2014
Andrew Bresalier's answer
A: No, married people can file Bky individually; however, if you work, your income and paystubs must be disclosed.

Q: Can Bankruptcy chapter 7 discharged in December of 2004 be removed from my credit report Credit Bureau said it take 10 y

1 Answer | Asked in Bankruptcy for West Virginia on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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.

Q: Can an abstract of judgement for car repossession deficiency balance be renewed by creditor after Chapter 7 Discharge?

1 Answer | Asked in Bankruptcy for West Virginia on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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.

Q: When filing chapter 7 bankruptcy in W. Virginia after have moved from another state where could I be directed?

1 Answer | Asked in Bankruptcy for West Virginia on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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, because when you apply to the Bar they will review your fiscal responsibility. Also note, that student loans are generally not dischargeable.

Q: I am facing foreclosure on my only home can I file bancruptcy to avoid being thrown out of my home?

1 Answer | Asked in Bankruptcy for West Virginia on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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 to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you could lose personal property such as a car)....

Q: How many times can a person file bankruptcy in one year

1 Answer | Asked in Bankruptcy for West Virginia on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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 least six months. If there is evidence of a person being a serial filer, the court could make the Prejudice period longer.

Q: How do I find out if an individual living in Pinellas County Florida has filed bankruptcy.

2 Answers | Asked in Bankruptcy for Florida on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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.

Q: Can an individual still be taken to small claims court by another individual if filing for bankruptcy?

1 Answer | Asked in Bankruptcy for Washington on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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.

Q: Is a personal injury settlement exempt from Chapter 7 bankruptcy in the State of Washington?

1 Answer | Asked in Bankruptcy for Washington on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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.

Q: I want to voluntarily dismiss original ch 13 case dismissed. I am in West Dist WA. What is the procedure?

1 Answer | Asked in Bankruptcy for Washington on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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.

Q: How long does it take a entry judgment to be completed?

1 Answer | Asked in Bankruptcy for Washington on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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.

Q: How would i go about filing for medical backruptcy

1 Answer | Asked in Bankruptcy for Washington on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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.

Q: Can you include a mortgage on bankruptcy?

1 Answer | Asked in Bankruptcy for Washington on
Answered on Feb 18, 2014
Andrew Bresalier's answer
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.

Q: I have 3 judgements that my bankruptcy lawyer missed can they be removed with a notice of satisfaction.

1 Answer | Asked in Bankruptcy for Virginia on
Answered on Feb 14, 2014
Andrew Bresalier's answer
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 Diligence, which includes a search of the Public Record. Because he missed it, he should do it for FREE. If he doesn’t you should contact your respective state bar.

Q: Are SSDI payments received after a Chapter 7 bankruptcy filing protected from creditor process in Virginia?

1 Answer | Asked in Bankruptcy for Virginia on
Answered on Feb 14, 2014
Andrew Bresalier's answer
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.

Q: Can a wife verify if her husband has filed bankruptcy

1 Answer | Asked in Bankruptcy for Virginia on
Answered on Feb 14, 2014
Andrew Bresalier's answer
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.

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

1 Answer | Asked in Bankruptcy for Virginia on
Answered on Feb 14, 2014
Andrew Bresalier's answer
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 still pursue. If you already attending the Meeting of Creditors, you should ask the Trustee if he would object to a Voluntary Dismissal. Before seeking a Dismissal, you should ask yourself, are those...

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