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Questions Answered by David Earl Phillips
1 Answer | Asked in Bankruptcy for Tennessee on
Q: What’s the median income requirement for a family of 3 in the state of Tennessee to file a chapter 7?

I’m trying to file a chapter 7 bankruptcy in Tennessee and need to know what is the median income requirement for a family of 3 in the means test ?

David Earl Phillips
David Earl Phillips answered on Mar 29, 2019

The median income for a family of 3 is $ 5521 per month. That is the gross income. Hope that helps.

2 Answers | Asked in Bankruptcy for Illinois on
Q: If I inherited a home 6 years before I file for a chapter 7 bankruptcy will the court take my inheritance from me
David Earl Phillips
David Earl Phillips answered on Jan 7, 2019

The home will be property of the bankruptcy estate. Depending on the value of the home and your exemption will determine if the bankruptcy trustee will take the home and sell it. You really need a local bankruptcy lawyer to advise you of your options. Good luck!

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2 Answers | Asked in Bankruptcy for Indiana on
Q: I filled out the papers for bankruptcy can I file them January 2nd
David Earl Phillips
David Earl Phillips answered on Dec 29, 2018

Sure! As long as the clerk's office is open you may file the papers unless you have access to electronic filing, which is 24/7. Do not forget that you must complete the Credit

Counseling Course before you file the case and then file the certificate you receive with the court clerk. It can...
Read more »

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3 Answers | Asked in Bankruptcy for Arizona on
Q: I'm confused about bankruptcy - if I declare do my debts go away, or will things just go into a new payment plan?
David Earl Phillips
David Earl Phillips answered on Oct 26, 2018

Depends on the chapter you file. Chapter 7 discharges most debts while chapter 13 is a repayment plan. See a bankruptcy lawyer near you and they can advise what would be best for you. Good luck!

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4 Answers | Asked in Bankruptcy for Washington on
Q: Will the hospital ever be able to come after me for unpaid bills once I declare bankruptcy?
David Earl Phillips
David Earl Phillips answered on Oct 26, 2018

If you file a Chapter 7 bankruptcy and receive a discharge of your debts then all listed unsecured debts in your petition will be gone and uncollectible by the hospital. Any new charges after you file bankruptcy would still be yours to pay. Good luck!

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: I filed Bankruptcy chapter 7 and it was discharged 10/05/2010. what is the date i can file chapter 7 again.
David Earl Phillips
David Earl Phillips answered on Aug 29, 2018

You count 8 years from the filing date of the 2010 case in order to be able to get a discharge in a second chapter 7 filing. Filing to filing, not discharge to filing. Best to see a lawyer near you to see if you are eligible. Hope that helps. Good luck!

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4 Answers | Asked in Bankruptcy for Michigan on
Q: How long do you have to wait to file bankruptcy again.
David Earl Phillips
David Earl Phillips answered on Jul 23, 2018

Chapter 7 filings must be 8 years apart in order to receive a discharge. You count filing date to filing date. You can file a chapter 13 and receive a discharge in that case if it has been 4 years from the prior chapter 7 filing. Again, filing date to filing date. See a bankruptcy lawyer near you... Read more »

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: Well considering they are killing me on a garnishment i probably should file bankruptcy

But do i file chapter 7 or 13

David Earl Phillips
David Earl Phillips answered on Jun 7, 2018

You need to see a bankruptcy lawyer near you to answer that question. It depends on a lot of factors to determine what chapter you qualify for. We look at income, debts, and assets you may have. Without all of this information, it is impossible to advise you of your best option. Hope it works out.... Read more »

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3 Answers | Asked in Bankruptcy for Alabama on
Q: How do I find out when I filed bankruptcy last?
David Earl Phillips
David Earl Phillips answered on Jun 4, 2018

Call the Bankruptcy Court Clerk's office for the area where you filed. They can usually look it up for you. A bankruptcy lawyer near you will also have access to this information on the internet. Good luck!

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3 Answers | Asked in Bankruptcy and Child Support for Alabama on
Q: Can declaring bankruptcy do away with back child support? It is over $50,000.
David Earl Phillips
David Earl Phillips answered on May 24, 2018

No. Bankruptcy will not get rid of child support. Child support is specifically excepted from discharge in a bankruptcy case. You can pay child support in a chapter 13 plan in some cases, so that might help. See a bankruptcy lawyer near you to see what options you may have available. Good luck!

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I am currently in Chapter 13 and i had judgement liens and my attorney filed motion to avoid liens and they were awarded

in my favor. How do I get them released at the local courthouse where they were filed. No one seems to know including my attorney. My bankruptcy is almost over so I want to make sure everything done correctly.

David Earl Phillips
David Earl Phillips answered on May 15, 2018

In our area, we take a certified copy of the bankruptcy court order that avoids the liens and file that at the register of deeds office. I would think there would be something similar where you are. Call the register of deeds office and ask what they need to remove the liens. Be sure and discuss... Read more »

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3 Answers | Asked in Bankruptcy for Illinois on
Q: I filed bankruptcy six years ago but I'm still struggling. How long do I have to wait before I can file again?
David Earl Phillips
David Earl Phillips answered on May 11, 2018

For chapter 7 cases it is 8 years from the filing date of the first chapter 7. See a bankruptcy lawyer near you and they can advise you of your best options. Good luck!

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2 Answers | Asked in Bankruptcy, Civil Litigation and Small Claims on
Q: I am currently going threw bankruptcy and just received papers that some is suing me... what do I do

I was in a car accident 2 years it was rule no one at fault and im now being sued and am also going threw bankruptcy... what do I do

David Earl Phillips
David Earl Phillips answered on Apr 8, 2018

You need to add this creditor/lawsuit to your bankruptcy schedules. There is a $31 filing fee to add a creditor. You need to file the amended list of creditors before the case is discharged. If you do not have an attorney you might ask the clerk of court if they would show you the form to add the... Read more »

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1 Answer | Asked in Bankruptcy and Divorce for Indiana on
Q: My ex-wife has filed for bankruptcy, divorce decree states she is responsible for 35% of medical bills

Her portion of the balance is $1000, does the bankruptcy forgive that monies?

David Earl Phillips
David Earl Phillips answered on Apr 6, 2018

If she is filing a chapter 7 you may be able to enforce the divorce decree language. You will need a bankruptcy lawyer to file an objection to her discharge of these debts. It may be that the amount is not worth the cost to hire a lawyer, but you need to speak with a bankruptcy near you to... Read more »

3 Answers | Asked in Bankruptcy for California on
Q: I filed a chapter 7 bankruptcy before getting hired at a new job that pays a lot more. Am I going to get in trouble for

filing or is there a way I can cancel my petition?

David Earl Phillips
David Earl Phillips answered on Mar 24, 2018

It is possible to dismiss a chapter 7, but it must be by motion and is at the discretion of the Judge. You need to see a bankruptcy lawyer near you that will know the local customs of your bankruptcy court. You will not be in trouble for filing the case but, you may no longer need the bankruptcy as... Read more »

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1 Answer | Asked in Bankruptcy for Florida on
Q: I know you can't discharge student loans in bankruptcy but are there other debts that also aren't dischargeable?
David Earl Phillips
David Earl Phillips answered on Mar 24, 2018

Yes, most taxes, child support, alimony and criminal restitution are not dischargeable. Also, debts incurred by fraud would be non-dischargeable. See a bankruptcy lawyer near you to review your situation. There are other debts that may non-dischargeable depending on the circumstances. Hope it works... Read more »

2 Answers | Asked in Bankruptcy and Military Law for California on
Q: If I am Active duty military, am I exempt from the means test for bankruptcy?
David Earl Phillips
David Earl Phillips answered on Mar 23, 2018

See if Section 707(b)(2)(D) of the Bankruptcy Code applies to your situation. If so, you may avoid the means test. Best to see a bankruptcy lawyer near you as the means test is only part of what the US Trustee looks at when reviewing cases for abuse. Thank you for your service to our country. Hope... Read more »

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1 Answer | Asked in Bankruptcy for Arizona on
Q: Creditor admits to me that they received our filing for bankruptcy in February 2018, but still filed a civil complaint.

A creditor that is included in my bankruptcy petition has filed a civil complaint in justice court. I spoke with them today, they admitted they received notice of the bankruptcy last month (February 2018) but still filed the complaint in justice court this month and we were served with the... Read more »

David Earl Phillips
David Earl Phillips answered on Mar 23, 2018

Yes, you should see a bankruptcy lawyer as this sounds like a violation of the automatic stay. You may be entitled to damages that could include attorney fees. Hope it works out. Good luck!

1 Answer | Asked in Bankruptcy for Connecticut on
Q: Is it legal for my credit card company to levy my bank account if I've already filed for bankruptcy? If not, is that

money recoverable?

David Earl Phillips
David Earl Phillips answered on Mar 13, 2018

The actions by the credit card company may be a direct violation of the automatic stay in bankruptcy. You may be able to get your money back and even receive damages. Talk with your bankruptcy lawyer to determine your rights. If you do not have a lawyer, now would be a good time to get legal... Read more »

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I was wondering if I filed chapter 13 bankruptcy could a loan company repo the collateral that was used for the loan
David Earl Phillips
David Earl Phillips answered on Mar 10, 2018

Your chapter 13 plan may be able to avoid the lien on the property or provide for treatment of the items as secured. Either way, you should be able to keep the collateral. See a bankruptcy lawyer near you and they will be able to determine your best options. Hope it works out. Good luck!

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