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Questions Answered by Robert Gambrell
1 Answer | Asked in Bankruptcy for Michigan on
Q: is collateral protected on a loan when filing bankruptcy
Robert Gambrell
Robert Gambrell
answered on Jun 14, 2015

There are not enough facts to know what you are asking. Some examples are:

If a chapter 13 bankruptcy is filed and the value of the collateral plus the interest rate required by the bankruptcy court is paid and insurance is maintained on the collateral, then you can keep that collateral...
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1 Answer | Asked in Bankruptcy for Illinois on
Q: are restitution orders discharged in bankruptcy?
Robert Gambrell
Robert Gambrell
answered on Jun 14, 2015

No. There are numerous exceptions to discharge of certain debts in the bankruptcy code. Some apply in chapter 7 and chapter 13 cases and others only apply in chapter 7 cases. One that applies in cases filed under both chapters is the nondischargeability of debt that is owed as restitution in a... View More

1 Answer | Asked in Bankruptcy for California on
Q: What does disputed mean in bankruptcy?

I am filing bankruptcy and the forms ask whether each debt I list is disputed. What does that mean?

Robert Gambrell
Robert Gambrell
answered on Jun 12, 2015

If you believe that you do not owe the money, that you do not owe as much money as the creditor claims that you owe or if you dispute that the claim is secured, then you should check the disputed mark.

That issue would be a very simple concept for an attorney. If you are having problems...
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1 Answer | Asked in Bankruptcy for Kansas on
Q: Got a refund check $61 from a collection co after I filed chapter 13 can I cash it
Robert Gambrell
Robert Gambrell
answered on Jun 11, 2015

If you are represented by counsel, ask your attorney. If you filed pro se, let the trustee know that you received the check in writing, requesting instructions from the trustee as to whether he/she wants the funds turned over to her/him.

1 Answer | Asked in Bankruptcy for Ohio on
Q: my lawyer filed chapter 13 on may 31 i want it withdrew he didnt explain nothing

have not been court yet but they issued a with holding order the amount is not even possable and i still eat i want it dropped and give house and car back like right now how can i do that and stop the with holding he didnt explain nothing just said sign

Robert Gambrell
Robert Gambrell
answered on Jun 11, 2015

Set up an appointment with your attorney and meet with him/her and explain what your needs are. Your attorney may be able to file an amended plan surrendering the home or the auto and keeping the other item which will reduce the payment to an amount that you can afford and can still pay your normal... View More

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Do I need a bankruptcy or real estate attorney? My house was in foreclosure with a sale date of April 16.

The bank stopped the sale because I was willing to work out a plan. The bank and I are still working things out but I found the house is in foreclosure with sale tomorrow June 9. Can they sell? No classified legal notices have been printed in local newspapers in regards to sale.

Robert Gambrell
Robert Gambrell
answered on Jun 9, 2015

Unfortunately, I did not see your question yesterday. If the foreclosure sale was set for June 9th, then the sale was probably conducted on the steps of the courthouse for the county in which your home is located at 11:00 a.m. earlier today. To complete the foreclosure, the Trustee's Notice... View More

1 Answer | Asked in Bankruptcy for North Carolina on
Q: I bought a mobile home with a FHA loan. I got behind and it was turned over to the Treasury Department.

I had to move out and the owner of the property filed eviction papers and was awarded the trailer. What should I do, declaare Bankruptcy, call treasury and tell them or what. The payments are still being taken out of my disabilty check (ssdi) and the money being deducted would make it alot easier... View More

Robert Gambrell
Robert Gambrell
answered on Jun 9, 2015

What is happening is called a setoff. Each month the USA owes you money in the form of a monthly SS disability benefit. The Treasury Department (a part of the USA) is keeping a portion of your SS Benefits and applying it to your debt owed to the FHA (also a part of the USA).

If you call...
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1 Answer | Asked in Bankruptcy for Missouri on
Q: How do I access bankruptcy filings in Western MO? I am a creditor but do not know if my claim is included in the filing
Robert Gambrell
Robert Gambrell
answered on Jun 8, 2015

You can go to the bankruptcy court clerk's office and use a computer at the clerk's office to look up any bankruptcy filing.

If that is not practical, you can sign up and use PACER. Go to Pacer.Com to do that. The charge is $0.10 per search and $0.10 per page of any document...
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2 Answers | Asked in Bankruptcy for Virginia on
Q: When filing bankruptcy in VA, can I keep a house I am still paying mortgage on?

I have another 15 years of payments on a 30 year mortgage. The house is valued at $150,000.

Robert Gambrell
Robert Gambrell
answered on Jun 8, 2015

The value of the home is not important, the equity in the home is. If your home is valued at $150,000.00 and you owe $150,000.00 or more on the mortgages on the home, then you have no equity. If your home is valued at $150,000.00 and you owe $50,000.00 on the mortgages on the home, then you have... View More

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can you transfer property while you are in bankrupcy
Robert Gambrell
Robert Gambrell
answered on Jun 7, 2015

It is possible to transfer property while in a bankruptcy proceeding. To do that, your attorney must file a motion to authorize the sale or transfer of the property. In some instances, a property can be sold for less than the total amount of the liens which are secured by the property. This... View More

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: Can I file bankruptcy on my medical bills and still keep my house?

I want to file bankruptcy on medical bills from my wife having cancer, but I am worried about my house that I have been paying on for 15 years. Can I get rid of the medical bills and still keep our home?

Robert Gambrell
Robert Gambrell
answered on Jun 7, 2015

Massachusetts has a very liberal homestead exemption, which is $500,000.00. The exemption is normally used to exempt the equity that a debtor has in his/her homestead. There are other factors in the bankruptcy code that can limit the exemption in certain situations. If your wife is disabled as a... View More

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2 Answers | Asked in Bankruptcy for Illinois on
Q: How do I find out if I make too much money to file bankruptcy?
Robert Gambrell
Robert Gambrell
answered on Jun 7, 2015

There are two forms that must be completed so the office of the United States Trustee can determine if a bankruptcy debtor's chapter 7 filing is an abuse of the system. One is called the means test and the other is schedule I & J in the bankruptcy schedules. I have met with a significant... View More

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3 Answers | Asked in Bankruptcy for Florida on
Q: Do I need a lawyer to file bankruptcy?

Can I just fill out the forms and take them to the court, or do I have to get a lawyer?

Robert Gambrell
Robert Gambrell
answered on Jun 7, 2015

There is no requirement to retain an attorney. However, your chances of getting the relief that you are entitled to receive will be greatly enhanced by retaining the services of an experienced bankruptcy attorney. Through the years, I have been retained by clients that tried to file their... View More

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Can I mail in my bankruptcy petition in Indiana?
Robert Gambrell
Robert Gambrell
answered on Jun 5, 2015

If you are filing pro se, you should call the bankruptcy court clerk's office to find out if mailing your petition to the clerk is acceptable. However, you should take the time to reconsider filing for relief under the bankruptcy code without the assistance of counsel. Last month, I was in... View More

1 Answer | Asked in Bankruptcy for New Jersey on
Q: How can I find out when a person or his company filed for Chapter 7 bankruptcy?

I would like to know when he filed and where.

Being a creditor, I was not notified.

Robert Gambrell
Robert Gambrell
answered on Jun 3, 2015

Bankruptcy attorneys use a service call PACER. Anyone can set up an account on Pacer.Com. Cost for each search is $0.10. Cost per page to view documents, including the court docket is $0.10 per page with a maximum cost of $3.00 per document if the document is over 30 pages long.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: can you clear a lien through a chapter 7

I have a judgement on my home can it be cleared off with chapter 7 bankruptcy chapter 7

Robert Gambrell
Robert Gambrell
answered on Jun 2, 2015

If 100% of your equity is exempt under Pennsylvania law, you should be able to avoid the lien under § 522(f) of the Bankruptcy Code. However, you should take the time to meet with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases since sometimes a chapter 13 ends up... View More

1 Answer | Asked in Bankruptcy for Wyoming on
Q: Do I need a bankruptcy lawyer or are the banks just allowed to keep kicking you while your down for the entire 7 years?

I filed a chapter 13 bankruptcy in Wyoming in 2009 I had a 5 year plan to repay 81K which I was able to pay this off in 3 years and was granted a discharge.

My problem is that I had 2 secured loans and one unsecured with my Credit Union and I had them and the 3 loans listed on my creditors... View More

Robert Gambrell
Robert Gambrell
answered on May 31, 2015

If the debts were properly listed, the creditors failed to file a proof of claim and you received your discharge, the obligation to pay the debts were discharged. However, the liens on the collateral are still there as bankruptcy discharges debts but does not avoid liens unless you take certain... View More

1 Answer | Asked in Bankruptcy for California on
Q: If i filed for bankruptcy in California, how long do I have to wait to file for divorce?
Robert Gambrell
Robert Gambrell
answered on May 30, 2015

There is no specified time frame in which you must wait to file for divorce. Depending upon the facts, in some instances it is better to determine what your obligations are in a divorce decree before you decide to file a divorce. In other instances, the timing of the divorce and/or bankruptcy are... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: I recently sold my house. Can I use part of the money to pay off my Chapter 13 in a lump sum?

I've only made 3 payments on the bankruptcy so far, but I just put my house up for sale and it sold quickly because a family member bought it. I've read that it is difficult to payoff a bankruptcy early.

Robert Gambrell
Robert Gambrell
answered on May 30, 2015

I assume that you did not call your bankruptcy attorney before you sold the house or you don't have attorney and filed your bankruptcy pro se, because I cannot imagine that a bankruptcy attorney told you that you could sell your home without court approval.

If you have a lawyer, call...
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1 Answer | Asked in Bankruptcy for South Carolina on
Q: My x husband is filing chapter 7 and we have 2 cars in both names which he is adding them to debt. If both cars go back

Will it show bankruptcy on my credit.

Robert Gambrell
Robert Gambrell
answered on May 30, 2015

His bankruptcy should not show up on your credit reports. However, when the cars are repossessed, the repossession of each of the vehicles will show on your credit reports and the fact that the promissory notes are in default and in collection will show on your credit reports unless you make the... View More

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