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Questions Answered by Christopher Kern
2 Answers | Asked in Bankruptcy for Mississippi on
Q: I had a case dismissed in 2011. I am trying to refinance my house and found out they have a lien on it and I was NEVER

NEVER told about it. I went to my attorney and he told me that he would have to reopen the case to get it taken off. Just wondering is this correct? And why wasn't I told about this 3 years ago? The court was in Oxford, MS. The lien was Ford Motor Credit. Can anybody help?

Christopher Kern
Christopher Kern answered on Aug 26, 2015

There is a provision in bankruptcy law that allows a debtor to "avoid" or remove a judgment lien to the extent it impairs exempt property. This must be done while the case is still pending. If a debtor does not know about a judgment, or does not tell the attorney, then the attorney will not file... Read more »

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: Can i file bankrupcy if i own my homw?
Christopher Kern
Christopher Kern answered on Aug 24, 2015

Generally, ownership of real estate will not affect your right to file a bankruptcy. Often, debtors file Chapter 13 in order to catch up payments when they are behind on a mortgage. Often debtors file Chapter 7 to discharge debt but "reaffirm" a mortgage debt, that is, reinstate it and keep paying.... Read more »

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can i get a new account before i file bankruptcy and have it included as a creditor.
Christopher Kern
Christopher Kern answered on Aug 24, 2015

You can not do this with the intent to discharge that debt. This would be fraud and make the debt non-dischargeable. If you obtained a new account, and later, even shortly later, decide to file bankruptcy, this would not be fraud.

1 Answer | Asked in Bankruptcy for Alabama on
Q: Can I be sued by a debtor from 1993 when it was cleared as part of bankruptcy in 1997?

I am also currently being harrassed over the telephone by this debtor. He is stating because the Florida Courts did not notify them, I am still liable for debt. Can I take action against them?

Christopher Kern
Christopher Kern answered on Aug 24, 2015

You use the term "debtor" but I think you mean "creditor", the party to whom you owe the debt. If you listed the debt in your 1997 bankruptcy and proper notice was sent and you received a discharge, the debt is no longer enforceable.

1 Answer | Asked in Collections for Alabama on
Q: I took out a loan and now I am unable to pay it back will I go to jail?
Christopher Kern
Christopher Kern answered on Aug 14, 2015

You can not be jailed for failure to pay a debt. The only exception is failing to pay a fine or contempt citation ordered by a judge. Technically, this is not failure to pay a debt, but disobeying a court order.

1 Answer | Asked in Collections for Alabama on
Q: if your spouse has credit card debt in their name only and they pass away,are you responsile for the balance?
Christopher Kern
Christopher Kern answered on Aug 14, 2015

No, this is an obligation only of the deceased person. Note, however, that if the deceased had assets, the creditor may have the right to claim payment of the debt against the assets before the assets are distributed to heirs. You should get further advice in this regard.

2 Answers | Asked in Bankruptcy for Alabama on
Q: I am in bankruptcy and I make less, can I reduce the amout that I pay biweekly
Christopher Kern
Christopher Kern answered on Aug 14, 2015

It sounds like you are in a Chapter 13 case in which you make monthly payments under a plan. Yes, a plan may be modified after it is confirmed to reduce the payments if the financial condition of the Debtor changes.

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1 Answer | Asked in Bankruptcy for Alabama on
Q: If i file a chapter 11 business can I add a personal promissory note that includes business assets?

Please respond.

Christopher Kern
Christopher Kern answered on Aug 14, 2015

Your question is not entirely clear. If you file a Chapter 11 for a business, I assume it is either a corporate business of which you own the stock, or a sole proprietorship owned by you. Because of your question, I am assuming it is a corporation. No, a personal debt is not listed in the... Read more »

3 Answers | Asked in Bankruptcy for Virginia on
Q: Can I claim a car on bankruptcy that someone else purchased for me, but I am making the payments?

My mother purchased an automobile for me because my credit was bad. That car is in her name, but I am making the payments monthly. Can I claim the car in a bankruptcy?

Christopher Kern
Christopher Kern answered on Aug 14, 2015

It depends what you mean by "claim a car on bankruptcy." If you are making the payments, but the debt is another person's name, your bankruptcy will not affect the debt. If the car it titled in your name, it is a protected asset and your bankruptcy will keep it from being repossessed, at least... Read more »

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1 Answer | Asked in Bankruptcy for Alabama on
Q: My ex boyfriend filed bankruptcy on a truck I consigned on. How does this affect me and who can I call to fix things?
Christopher Kern
Christopher Kern answered on Aug 7, 2015

If two parties are liable on a note, and one files a Chapter 7 bankruptcy and discharges the debt, the other party is still liable on the debt. The vehicle would likely be surrendered to the creditor by the person who filed Chapter 7, and the vehicle sold. The other party would still be liable for... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: can a person file bankruptsy on vechicle if it is owe for also
Christopher Kern
Christopher Kern answered on Aug 7, 2015

Your question is a little general, and vague, but basically, a person can file a Chapter 7 bankruptcy and discharge (or make unenforceable) the debt owed on a vehicle. If there is a lien on the title to secure payment of that debt, however, the debtor will not be allowed to retain the vehicle. It... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: If my home is paid for and I only owe unsecured credit card debt can I file Chapter 13 and keep my house.
Christopher Kern
Christopher Kern answered on Aug 7, 2015

A debtor can file Chapter 13 and keep assets, but the amount paid to the unsecured creditors over the life of the Chapter 13 case must equal the non-exempt value of the assets retained. This is known as the liquidation value test. currently in Alabama, a debtor may retain $15,000.00 per person in... Read more »

1 Answer | Asked in Bankruptcy for Alabama on
Q: My father died this month. we just learned he filed chapter 13 in Alabama. Are his surviving children responsible for

The debt?

Christopher Kern
Christopher Kern answered on Aug 7, 2015

In general, surviving family members have no liability on a deceased debtor's debts unless they in some way guaranteed the debt in a separate transaction or the original note. If a probate estate is opened to administer any assets, creditors will be allowed to file claims against those assets.

1 Answer | Asked in Bankruptcy for Alabama on
Q: Reaffirmation agreement and statement of intention

Reaffirmation agreement and statement of intention do I have to include these document in my ch 7 bankruptcy when i go to the courts to file Monday being that i have no secured debts or nothing that needs to reaffirmed at all or do i include them but leave them blank

Christopher Kern
Christopher Kern answered on Aug 7, 2015

Even if you have no secured debt, the Court requires that you file the Statement of Intention form. It will simply indicate no secured debt.

1 Answer | Asked in Bankruptcy for Alabama on
Q: What is the waiting period to file chapter 7 after signing property over to a relative
Christopher Kern
Christopher Kern answered on Aug 7, 2015

Under federal bankruptcy law, specifically, Section 548 of Title 11, a trustee can set aside the transfer of an asset that occurs within two years of the filing of a bankruptcy petition, unless certain defenses exist. Additionally, however, Section 544 of Title 11 allows a trustee to use Alabama... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: Filed chapter 7 In Alabama and quit paying on house afterwards, how long til we are firced to move

My parents quit paying on house a couple months after filing chapter 7, hiw ling do I have to get them out of the house before forclosure is final?

Christopher Kern
Christopher Kern answered on Aug 10, 2015

An important principle is involved here. Under Alabama law, the mortgagor (borrower) has one year to redeem a property after a foreclosure sale. Redemption is the right to buy back the property by paying the amount that it was sold for at the foreclosure sale. This right, however, is lost if a... Read more »

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3 Answers | Asked in Bankruptcy for Alabama on
Q: Is it legal for a lending institution to continue to bill a customer after a discharged bankruptcy on the mortgaged

property; and to bill the customer for the Hazard Insurance purchased by the customer? Our attorney provided all required documents to the lender; customer's mortgage record states discharged bankruptcy. Yet they continue to bill us for the loan payments and the insurance.

Christopher Kern
Christopher Kern answered on Aug 10, 2015

A discharge order in bankruptcy acts as a permanent injunction against the collection of a debt discharged. Sanctions may be imposed against a creditor who willfully continues to collect or attempt to collect a discharged debt.

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