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Questions Answered by Andrew Bresalier
1 Answer | Asked in Bankruptcy for Tennessee on
Q: How can you find out if a company has filed a chapter 13?
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 Tennessee on
Q: Do you need a lawyer to file bankruptcy or can you defend your self and file the papers your self
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 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.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: How can I obtain a form or letter to reaffirm my mortgage loan since it was not done prior to filing for Bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: A Reaffirmation Agreement is done as part of a Bankruptcy, not prior to it. If you want get a copy of something from the case, 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... View More

1 Answer | Asked in Bankruptcy for South Dakota on
Q: How do i find bankruptcy records
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 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.

2 Answers | Asked in Bankruptcy for South Dakota on
Q: Is there any way we can find if someone who owes us a lot of money has actually filed bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 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.

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1 Answer | Asked in Bankruptcy for South Dakota on
Q: I have a bankruptcy decision and now have a lot of new medical bills. Can i amend the bankruptcy.
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: You cannot amend to include post filing bills, only bill from prefiling. However, the cost to amend/reopen can be sizable. You should balance the amount of debt vs. the cost.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: In what states is the stay lifted 30 days after the 341 meeting with the Chapter 7 Trustee's Report of No Distribution?
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: Bankruptcy is a Federal Procedure, which only uses state laws regarding rights (i.e. property ownership, etc.). Thus, procedurally speaking, the US Code and Bankruptcy Rules of Procedure are the same in all states. However, local rules may differ, but this is not an issue of a local rule.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: Did Graphic Impressions of Kent Wa file for bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 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.

2 Answers | Asked in Bankruptcy for South Carolina on
Q: If I have a lot of debt that I am responsible through my name only, does my husband have to be involved?
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: You can file without your married spouse; however, any jointly held debt and property must be disclosed. Additionally, if your spouse works their income must be included in the Means Test and you will have to provide copies of their pay-stubs to the court.

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1 Answer | Asked in Bankruptcy for South Carolina on
Q: Can you file bankruptcy on a lawsuit for an at fault driver with no insurance in sc?
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: When you file Bky everything is included. Everything you own and owe. However, some things are not dischargeable, such as student loans, taxes, Support, Debts in relation to a DUI and Debts to the FDIC.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: If I file chapter 7 personal, and have my first hearing, can an investor help me get back into business before the final
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: Generally the court only looks at events prior to the filing of the case. Additionally, investors will not get involved with someone in a Bky, until after they receive a Discharge.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: House in probate, can the administrater us the cash money in bank to pay someone to cut grass and paint house 4 unkeep
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: Yes. If the administrator did not do this, he/she should be found liable of permitting the property to depreciate (to wit: “Wasting”). It may seem a bit much initially, but when the property eventually sells, the beneficiaries will reap the benefit.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: In bankrupcy if ive established residency in south carolina.but i have tax debts and morgaged property in NC ???
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: Income Taxes are not dischargeable. Property taxes run with the property, so if you are keeping the property, you have to pay the Property Taxes.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: My brother was killed in an accident. Can a lien for his medical debt on property we owned jointly affect me?
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: If the lien was properly placed it could affect you; however, several issues come into play which could void the lien, such as when the lien was placed and how the property was held.

1 Answer | Asked in Bankruptcy for South Carolina on
Q: I am $60,000 or more upside down in my home loan. what happens if i walk away or let the home go into foreclosure
Andrew Bresalier
Andrew Bresalier
answered on Feb 12, 2014

A: The property will be foreclosed and a deficiency judgment will be entered. If the property was your homestead, you should not have tax consequences; however, if it was not, you will be taxed for the deficiency. Additionally, the mortgage company may seek to collect the deficiency or sell the... View More

1 Answer | Asked in Bankruptcy for Rhode Island on
Q: A firm that went bankrupt owes me money. I am not a secured lender, but a subcontractor. The amount is $12,000
Andrew Bresalier
Andrew Bresalier
answered on Feb 11, 2014

A: Unless there is unexempt property, usually a Creditor does not receive payment. Even when something is unexempt and administered, Creditors generally only get pennies on the dollar. Unless you can show some fraud in the granting of the loan and have your loan declared nondischargable, the most... View More

1 Answer | Asked in Bankruptcy for Rhode Island on
Q: Worked for a company who's owners filed bankrupcy and owe back wages. Will courts pay out those wages. How can I know?
Andrew Bresalier
Andrew Bresalier
answered on Feb 11, 2014

A: Unless there is unexempt property, usually a Creditor does not receive payment. Even when something is unexempt and administered, Creditors generally only get pennies on the dollar. Unless you can show some fraud in the granting of the loan and have your loan declared nondischargable, the most... View More

1 Answer | Asked in Bankruptcy for Oregon on
Q: How can I find out when my bankruptcy was final?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 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 Oregon on
Q: In Oregon, what happens to the Chapter 13 plan payments I have made if my case is dismissed prior to plan confirmation?

In Oregon, if my case is voluntarily or involuntarily dismissed prior to my confirmation hearing, what happens to all of the Chapter 13 payments that I have made? Even though it's dismissed, does the Trustee pay such things like child support arrears, past due taxes or mortgage arrears? Or,... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: You will not receive a refund. The funds are first applied to administrative fees, then to your creditors.

1 Answer | Asked in Bankruptcy for Oregon on
Q: If i have a bankrutcy dicharge do i have to reaffirm my real estate when i have never stopped making payments?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 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. It is a common strategy to continue making payment on a home without reaffirming. In the event... View More

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