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Questions Answered by Kathryn U. Tokarska
1 Answer | Asked in Bankruptcy for Colorado on
Q: Can my ex-spouse get a judgment for mortgage payments that were previously discharged in Chapter 7 bankruptcy?

There currently is a judgment obtained after the bankruptcy. This bankruptcy was before the laws changed in 2005. Is this in violation of my bankruptcy discharge? If so, is the entire judgment void? (he also sued for over payment of child support) What is the procedure for correcting it?

Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

This is a confusing question. What came first, the debt or your bankruptcy discharge? If the debt was acquired post petition, after you filed for bankruptcy then it was not part of the discharge received in your previously filed case. If the debt was incurred prior to the filing of the... Read more »

1 Answer | Asked in Bankruptcy for Colorado on
Q: Can the state garnish my wages after I file bankruptcy
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

The answer will depend. When you file your bankrupcy automatic stay goes into effect and no creditor can collect from you. If they do, you can recover the money. However, the question is what type of debt is this? Is this debt dischargeable in bankruptcy? If yes, then it will be discharged and... Read more »

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I can no longer afford my chapter 13 payments nor my attorney. What are the repercussions if my case is dismissed?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Not sure why you cannot afford your attorney. Your attorney is obligated to provide you with representation for the duration of your chapter 13. He/she cannot take any money from you after the case is filed. He/she is compensated out of the plan. Check your Righs and Responsibilities form,... Read more »

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: When Filing Chapter 13.. My income as one earner is below state median but expenses deductions (IRS standards) negative?

Can I use my actual deductions?

Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

This suggests that perhaps chapter 13 may not be feasible. Please consult an attorney about your potential case and the goals you hope to achieve. Our expertise can be extremely valuable.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Can I convert my chapter 7 to a chapter 13 if I cannot afford the trustee payments? Am I able to file this myself?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

I think you mean convert from chapter 13 to chapter 7? Chapter 13 is the one with the payments. The answer will depend on whether you qualify for discharge under chapter 7. If you don't already have a lawyer, get one. Perhaps your chapter 13 can be salvaged and if not they can make sure... Read more »

1 Answer | Asked in Bankruptcy for Nevada on
Q: If you get a deed of conveyance, and put ur house on in bankruptcy, can the bank still take it?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Too confusing to answer. Generally speaking, if you have fallen behind on mortgage payments the creditor has a right to foreclose on the property. Chapter 13, under which you propose to bring your loan current over a period of 3-5 years will prevent foreclosure. Not sure if that answers your... Read more »

1 Answer | Asked in Bankruptcy for Nevada on
Q: Can i file bk if my wages are already garnished for the debt/
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Having your wages garnished does not prevent you from seeking bankruptcy protection.

1 Answer | Asked in Bankruptcy for Nevada on
Q: I have filed chapter 13 however I have fallen behind in my mortgage payments by 3 months. I have kept current my trustee
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

You are at the risk that the mortgage creditor will file a motion for relief of stay in order to pursue foreclosure. If you have an attorney, contact them immediately.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Do I need a bankruptcy lawyer>
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Impossible question to answer.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Can I refinance my home if I am currently in Ch. 13 Bankruptcy?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

The only way to find out is to try. However, I would caution you to discuss the implications of doing this with your attorney.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Do i need a bankruptcy attorney?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Impossible to answer. Do I need an oil change?

2 Answers | Asked in Bankruptcy for Illinois on
Q: Filed ch.7 in 2011 & want to add a debt i got in 2012. i lost my job due to injury can i add this to my ch.7?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

No, you may not add post-petition incurred debts to your previously filed bankruptcy.

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1 Answer | Asked in Bankruptcy for Arizona on
Q: Do i get any of my money invested in the project, in the company if it files for bankruptcy
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

That depends on many things. If they file for chapter 7 and there are no assets available for distribution to creditors the answer is no unless you can file and prove fraud or discharge as to you falls under a category of exceptions to discharge.

1 Answer | Asked in Bankruptcy for Arizona on
Q: How do I get started in filing for bankruptcy?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

This question is too broad to answer on this forum. My only suggestion is to go to your local bankruptcy court's website and see what they have there to help self represented parties. As a bankruptcy attorney, knowing how many things can go wrong in a case, I don't recommend filing your... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: Is an overpayment of child support dischargable in Bankruptcy?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Strange question. Overpayment suggests not a debt but a credit. Debts are dischargeable. Credits are an asset.

1 Answer | Asked in Bankruptcy for Arizona on
Q: If we are in the middle of Chpt 13 but did not include our house, if we have to give it up, are we liable?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

All debts you owe must be listed in the bankruptcy. Perhaps you mean something different by the word "included"? In order to receive dischage in your chapter 13 case you would need to get the case confirmed, complete all the plan payments for period of 3-5 years depending on whether you... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Can i obtain a discharge paper for a bankruptcy of which we didn't file. I have the case #and date
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Check www.pacer.gov

1 Answer | Asked in Bankruptcy for California on
Q: How do I retrieve my bankruptcy Filing Date?? It's already discharged. Need it for verification purposes. CA Resident.
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

If you used an attorney, a quick call to him/her will provide you with the answer. If not, there are several ways. If you have the original notice of bankrutpcy filing, which was mailed to you right after you filed the case, you can find the filing date towards the top of this form. If you... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Are garnishments considered secure debts in a chapter 7?On schedule F how do I list debts that have gone to collection?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Not necessarily. Garnishment can be result of an unsecured creditor (such as credit card account) having filed a lawsuit and obtained a judgment. You would list the original creditor information on schedule F, then list any collection agencies on the Creditor's Matrix. If you have been sued... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: May a mortgage servicer whose proof of claim was disallowed then move for or receive relief from the automatic stay?

Before the mortgage servicer's claim was disallowed, a previous attempt was made by the mortgage servicer to lift the automatic stay. It failed due to lack of standing.

It was before the proof of claim was disallowed and the motion to lift automatic stay was dismissed without... Read more »

Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Probably. Not sure why the proof of claim was disallowed. Generally speaking a secured creditor who is not receiving regular payments can seek motion for relief of stay in order to foreclose on the property. If you are trying to prevent foreclosure and don't have an attorney representing... Read more »

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