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Questions Answered by Andrew Bresalier
1 Answer | Asked in Bankruptcy for Oregon on
Q: What time of the year is best to file chapter 7 to avoid the risk of losing your federal and state tax refunds in Oregon?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: If you Refund is sizable, doesn’t matter when you file, the Trustee could still apportion it. If it is small it should fit within the avail exemption. If it is less than $2000 over the exemption and you have no other things over the limit the Trustee usually will not pursue.

2 Answers | Asked in Bankruptcy for Oregon on
Q: How do I find out whether my debtor has filed for bankruptcy
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.

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1 Answer | Asked in Bankruptcy for Oklahoma on
Q: Is there a way i can pull up everything that our lawyer has filed on for us in bankruptcy, here on the computer?
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 Oklahoma on
Q: My ex wife has filed bankruptcy (chapter 7) and my name is still her house note. will I need to file also?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: If she is granted a discharge, you will still be liable for the Note/Mortgage. Bankruptcy is an option; however 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... View More

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: My mom cosigned on a medical credit card for me. If I file bankruptcy does she have to file bankruptcy also?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: There is no such thing as a mere cosigner. This does not create a secondary / less liable class for you. The loan is in both you names. Payment or no, Bky or No, they can come after her the same as you.

2 Answers | Asked in Bankruptcy for Oklahoma on
Q: If I filed bankruptcy in July 1997, which was discharged in December 1997 on my student loans, can they still collect?

I understand that the laws changed in 1998, but I filed again in 2005, which were also discharged. The depart of Education is is still trying to collect after I was approved on a home loan in November of this year. Until now I have not heard anything about the loan being paid back. They won't... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: Student loans are not dischargeable and there is no Statute of Limitation on their pursuit. In rare events they can be forgiven for Total and Permanent Disability, which is well beyond the SS definition.

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1 Answer | Asked in Bankruptcy for Oklahoma on
Q: When filing credit card bankruptcy, is your mortgage loan or car loan affected
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.

2 Answers | Asked in Bankruptcy for Ohio on
Q: How do I get relief from Judgments that that bankruptcy attorney failed to include in chapter 7 bankruptcy?

Other debts were discharged in 2005.

Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: You should contact your attorney and have him reopen the case. It will require an Adversary Action, which if you provided the info to him, he should do for free.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: Enter your question here. e.g., Do I need a bankruptcy lawyer?

I filed for bankruptcy in 1997. I have currently aqquired alot of debt since my seperation and soon divorce. I am currently on social security and my estranged husband just won his social security case. I have been advised by my divorce attorney that it will be difficult to collect any type of... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 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.

Debt is not the only thing to look at when considering...
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1 Answer | Asked in Bankruptcy for Ohio on
Q: How do I find out if the company I work for has filed bankruptcy?
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 Ohio on
Q: I need to find out if my bankruptcy case ever closed. They were trying to collect debt from ex-husband. From 2010
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 Ohio on
Q: Can I lose my house if I file bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: If you are current on the mortgage or if you have no mortgage and the equity of the property is within the permitted Exemptions, you can keep it. If you are not current, you can do a Chapter 13 and cure the arrears.

1 Answer | Asked in Bankruptcy for Ohio on
Q: Can I file bankruptcy and keep my house?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: If you are current on the mortgage or if you have no mortgage and the equity of the property is within the permitted Exemptions, you can keep it. If you are not current, you can do a Chapter 13 and cure the arrears.

1 Answer | Asked in Bankruptcy for Ohio on
Q: Where do I go to find the Bankrupcty filing for a company in Sandusky Ohio? Nothing shows on the internet
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 Ohio on
Q: I have been in bankruptcy since 2008 my question is my name is still with that house how do I get my name off I keep
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: Until the property is transferred, be it via Foreclosure or some other means, you will continue to be listed as owner.

1 Answer | Asked in Bankruptcy for Ohio on
Q: I have 2 judgements for unsecured debt in Fl. I am moving to Ohio. Is my home in Ohio at risk of liens?

I have 2 credit card debt which have judgements against me in Florida. I also have 2 mortgage foreclosure on my primary home in Florida. I am having to move to Ohio. I own a home out right in Ohio. Should I be worried that the home may have liens applied to it and can I have my wages there... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: Depends on the amount of equity you have in your home. If it is greater than the permitted exemption, the property could be at risk. If you do not have minor children, your wages could be garnished. In both instances, it is upto you to defend your rights, a Creditor will proceed unless you... View More

1 Answer | Asked in Bankruptcy for Ohio on
Q: I would like to get a record sealed and file bankruptcy. Can i get a lawyer to do both for free.
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: Fees vary case to case based upon the amount of work required. Chapter 7 cases generally start at $1,500 for an experienced Bky atty. Chapter 13 cases start at about $2,500. Some attorneys, like myself offer specials and discounts. The Filing fee for a Chapter 7 is $306, for a 13 it is $281.... View More

1 Answer | Asked in Bankruptcy for Ohio on
Q: I had a lawyer for bankruptcy which the VA paid for, I just recently received a letter that he was disbarred. What now?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

Contact the VA and your respective Bar Association.

1 Answer | Asked in Bankruptcy for Ohio on
Q: Bank says that I filed bankruptcy and I didn't. What should I do?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: You maybe a victim of ID Theft. You should first check if a case has been filed under your name. If it has you should contact an attorney. If not, you should show the bank they are mistaken. To research this, you A: Sign up for PACER, it is a free governmental service, as long as you use... View More

1 Answer | Asked in Bankruptcy for Ohio on
Q: How do I find out if my employer/company has filed bankruptcy?
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.

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