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Questions Answered by Robert Gambrell
1 Answer | Asked in Bankruptcy and Child Support for Mississippi on
Q: What can I do if my Ex and his wife filed a chapter 13 which has stopped my accrued child support payments significantly

The last payment from garnishment was in June 2017. I was told by the trustee that after I filed my proof of claim I would receive retroactive payments on the first check. I received the first check in December 2017 without the full retroactive amount. The second payment came in January 2018. I was... Read more »

Robert Gambrell
Robert Gambrell answered on Feb 20, 2018

You should contact the MS Department of Human Services, Child Support Collection Division to determine if you can get free assistance with the collection of child support.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I am supposed to pay a bill by the end of the month to an attorney can I still file bankruptcy and stop that?
Robert Gambrell
Robert Gambrell answered on Feb 20, 2018

Assuming that the bill is a payment on a debt for previous work performed the lawyer, the automatic stay that will go into place once you file for relief under the bankruptcy code will preclude any collection activity except for some types of collection for child support or alimony and collection... Read more »

2 Answers | Asked in Bankruptcy for Mississippi on
Q: I am considering bankruptcy, but I'm not sure if I qualify. I am currently 60 or more days past due on bills.

I have tried to consolidate my bills without success. I have creditors calling threatening wage garnishment and being sued. What do I need to do to find out if I qualify for pro bono help?

Robert Gambrell
Robert Gambrell answered on Jul 2, 2017

Qualification to file for relief under chapter 7 of the bankruptcy code does not depend upon the number of creditors that you have, the amount you owe or whether you are behind on those debts. Qualification for a chapter 7 discharge depends upon your monthly income and expenses in relation to the... Read more »

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1 Answer | Asked in Bankruptcy for Missouri on
Q: What type of debt must i have to file chapter 7?

My landlord said i owe him 43,600.00 my paperwork said its closer to 6,000.00 even in that i still owe water, trash, gas, lights, cable...i have a car loan, student loans and other bills like gym memberships...

I'm about to be homeless can i file a chapter 7

Robert Gambrell
Robert Gambrell answered on Nov 19, 2015

There is no requirement that you owe a minimum amount that you owe or type of debt that you must have to file for bankruptcy. Also, there is no magic dollar amount or type of debt that says, you should file bankruptcy. There are many factors that need to be considered when making the decision to... Read more »

1 Answer | Asked in Bankruptcy for Virginia on
Q: In 2009 I had a total discharge Chp 7 bankruptcy. Can I file bankruptcy again due to job and income loss?
Robert Gambrell
Robert Gambrell answered on Nov 18, 2015

You can file a chapter 7, but you will not receive a discharge, so the filing would put another bankruptcy on your credit report and would give you no relief. You can file for relief under chapter 13 of the bankruptcy code and receive a discharge. The rule on when a new case can be filed is as... Read more »

1 Answer | Asked in Bankruptcy for New York on
Q: How and when is a credit card debt declared non-dischargeable repaid in a chapter 13 case?

If part of a credit card debt is declared non dischargeable, how does the debtor repay that amount? Is it paid out over the plan repayment period, does the debtor have to pay it up front, or does the card account stay open and the debtor continues to pay? Please help.

Thanks... Read more »

Robert Gambrell
Robert Gambrell answered on Nov 18, 2015

The nondischargeable credit card debt is still an unsecured debt. All unsecured debt must be paid in the same manner through the chapter 13 plan. If you are paying 10% to unsecured creditors, that is all that the nondischargeable will receive through your chapter 13 plan. However, the unpaid... Read more »

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If my wife and I file a chp 7 bankruptcy in MS can we exempt two vehicles if they are both less than $10,000?

I have a truck worth $4,000 and she has a car worth $3,500 and there are no liens on either vehicle, can we keep both of them?

Robert Gambrell
Robert Gambrell answered on Nov 16, 2015

Each of you are entitled to exempt up to $10,000.00 worth of tangible personal property, including such items as cash on hand, household goods, tools of the trade, animals, motor vehicles, medically prescribed items, and anything other than the listed items that has a value of less than $200.00.... Read more »

1 Answer | Asked in Bankruptcy for Maryland on
Q: I am wondering if I can declare bankruptcy on the loan against my house?
Robert Gambrell
Robert Gambrell answered on Sep 13, 2015

If you file a petition for relief under the bankruptcy code, you must list all creditors. Your question does not tell us what you want to do about the house mortgage.

If you want to walk away from the house and not owe the the debt, then you can discharge the debt which is secured by your...
Read more »

1 Answer | Asked in Bankruptcy for Mississippi on
Q: WE filed Chapter 7 in 2003 our land has been coded as filed chapter 7 but their people is telling us now our land

was not cleared with our chapter 7 so what do we do its been 17 years and we still haven't gotten our clear dead back to our land.

They say that land & primary home put up as a secure loan can not be discharged by chapter 7.

they are now telling us we need to talk to their Recovery... Read more »

Robert Gambrell
Robert Gambrell answered on Sep 11, 2015

A bankruptcy discharge order discharged your obligation to pay certain debts, but it does not discharge a lien, such the lien created by a deed of trust (another name for a mortgage). There are some types of liens on a homestead that can be avoided in a bankruptcy, but those liens are generally... Read more »

1 Answer | Asked in Bankruptcy for Idaho on
Q: 3 years ago I took out chapter 7. I included a rental property. Its been 3 years now and the bank just started the

Forcloser. I received a bill from the city saying I owe them for maintenance on the yard. Do I owe this debt?

Robert Gambrell
Robert Gambrell answered on Sep 9, 2015

Until the bank completes the foreclosure, you are the owner of the property. As a result, you are responsible for maintaining the property. This is the reason I recommend to my clients that they stay in the home until the bank forecloses. If the property is a rental, I recommend to my clients... Read more »

1 Answer | Asked in Bankruptcy for New York on
Q: I just filed for Chapter 13 bankruptcy on August 29th, 2015. Can I file a Notice of Conversion to Chapter 7?
Robert Gambrell
Robert Gambrell answered on Aug 30, 2015

You can file a motion to convert to a chapter 7. Whether your court requires that notice be provides to creditors or if the order converting the case without notice to creditors can be entered will depend upon the practice in your court. In our court and I believe in most, the judge will sign the... Read more »

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: I understand about government backed students loans and interest cannot be discharged without getting a favorable ruling

In an adversarial proceeding. Are those loans allowed to continue interest during the pendency of the Chapter 13 proceeding unlike other creditors who cannot continue to add interest.

Robert Gambrell
Robert Gambrell answered on Aug 29, 2015

If you have a confirmed plan that proposes to pay allowed general unsecured claims a percentage of the creditor's claim, the student loan claim will only be paid the percentage that was to be paid on the claim as it existed on the date the bankruptcy petition was filed. However, the student loan... Read more »

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Are government student loans allowed to charge interest during the pendency of a Chapter 13
Robert Gambrell
Robert Gambrell answered on Aug 29, 2015

Student loans are nondischargeable in chapter 13 cases unless you file an adversary proceeding in the form of a complaint to determine the dischargeability of the student loan and the bankruptcy judge rules in your favor. If the student loan cannot be discharged, then the interest that accrues on... Read more »

1 Answer | Asked in Bankruptcy for Idaho on
Q: If a joint property owner files bankruptcy and the primary is not informed and than sued, what are my options?

I added a person to my deed of property under promise of marriage after four years. He in turn abandonds myself and property three months later. He has recently filed bankruptcy and listed my property. He was able to keep his seperate home and now the lawyers are trying to make me sale mine to pay... Read more »

Robert Gambrell
Robert Gambrell answered on Aug 28, 2015

You have a problem. A chapter 7 trustee may be entitled sell the entire parcel and give you your half of the net proceeds unless you purchase the half interest that the chapter 7 trustee has in the property.

You need to contact an experienced bankruptcy attorney ASAP. You can search for...
Read more »

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Hi I filed chapter 7 bankruptcy 2 years ago and did not include my home, yet it is listed on my husbands credit report.

We did a home modification with Wells Fargo and since we were never told about reaffirming our mortgage loan its not reaffirmed so what can we do now? We are making regular payments on our mortgage. Wells Fargo said its too late to reaffirm the loan now so now what?

Robert Gambrell
Robert Gambrell answered on Aug 26, 2015

You were supposed to list all creditors, even the creditors that you wanted to continue paying. Most national lenders have purchased bankruptcy info from one of the three credit bureaus and the computer at the national lender downloads a list of all individuals that filed bankruptcy in the... Read more »

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?

Robert Gambrell
Robert Gambrell answered on Aug 27, 2015

Mr. Kern is right about avoiding the lien while the bankruptcy case is open. However, you can reopen the bankruptcy case (court cost is $260.00) and file a motion to avoid the judgment lien provided your equity in the home was exempt at the time of filing. The key question is whether you knew... Read more »

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Can I take a small pawn loan on a piece of jewelry ($250) and pay that loan back prior to filing ch 7 bankruptcy?

I am going to be filing in August. I have had an illness and cannot pay my rent. The piece of jewelry is not worth more than $300.00. I need to pawn this in order to pay my rent and be able to have groceries this week. I want to reclaim this piece prior to filing chapter 7 bankruptcy in August.... Read more »

Robert Gambrell
Robert Gambrell answered on Aug 23, 2015

Pawning a $250.00 piece of jewelry should not cause a problem with a chapter 7 bankruptcy, whether you redeem the jewelry and get it out of pawn before or after you file your chapter 7.

1 Answer | Asked in Bankruptcy for California on
Q: Am I responsible for my lease if the company didn't reaffirm the loan?

I filed for bankruptcy in June of last year. I checked that I would like to reaffirm my lease. The company stated they never received notice until after it was discharged. I have been paying but my credit shows an outstanding balance which is not going down. If I decided to give the car back now... Read more »

Robert Gambrell
Robert Gambrell answered on Aug 23, 2015

First, you do not reaffirm a lease or any other type of executory contract. Instead you assume the lease, which is a type of executory contract. The bankruptcy code states that to assume a consumer executory contract, you simply must send a letter to the lessor stating that you are assuming the... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: does reopening bankruptcy discharged in 2011 to motion avoid lien affect credit or bankruptcy falling off credit report?

I need my ex-wife to clear a judgement lien from my house but she won't if it resets the waiting period until the date she can borrow more money.

Robert Gambrell
Robert Gambrell answered on Aug 23, 2015

The reopening of a case does not change the date of the filing of the bankruptcy nor does it change the discharge date. Your ex-wife's problem with her credit is much greater than a 2011 bankruptcy. I have clients that follow my advice that have a credit score in the high 600s (675 to 680) in two... Read more »

2 Answers | Asked in Bankruptcy on
Q: How do I get my discharge papers?

The attorney I used has moved, I am now dealing with a foreclosure on the home listed on my bankruptcy and am trying to fight this on my own. The attny moved before I ever received my discharge papers. I filed bankruptcy in 2011. The mortgage company has turned this into the credit bureau and my... Read more »

Robert Gambrell
Robert Gambrell answered on Aug 23, 2015

You can sign up with Pacer.Com and search for your case in your state. The cost to download documents that were filed in your case is $0.10 per page. If you live close to the bankruptcy court clerk's office, you can go by the court and purchase a copy from the court. Not sure what the cost would... Read more »

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