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Questions Answered by David Earl Phillips
1 Answer | Asked in Bankruptcy for Indiana on
Q: if you file chapter 13 and it was dismissed because unable to keep up with payments, how soon can you file chapter 7?
David Earl Phillips
David Earl Phillips answered on Mar 8, 2018

If you are eligible for Chapter 7 (have not filed a Chapter 7 in the last 8 years and received a discharge) and pass the means test requirements now, then you can file at any time. Be sure and talk to a bankruptcy attorney near you so they can go over your situation and be sure you do qualify for... Read more »

1 Answer | Asked in Bankruptcy for Texas on
Q: How can I find out if a person has filed Bankruptscy?

My family is carrying the mortgage on my deseased mom’s home in Munday TX. (Knox county) for my brother. He quit making payment, saying he filed bankruptcy

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

You might try calling 214 767 0814, which is the number for the Northern District Of Texas Bankruptcy Court. Ask for the clerk's office and they may be able to help. Hope that helps!

2 Answers | Asked in Bankruptcy for Colorado on
Q: Is there an income limit for filing bankruptcy?
David Earl Phillips
David Earl Phillips answered on Mar 3, 2018

If you are asking can you make to much money to file a chapter 7, the answer is yes. You may fail the means testing which would lead to your chapter 7 being dismissed for abuse of the bankruptcy system. See a bankruptcy lawyer near you and they can advise you of your best option in dealing with... Read more »

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2 Answers | Asked in Bankruptcy for Kansas on
Q: Is there any advantage to filing for bankruptcy in one state versus another?
David Earl Phillips
David Earl Phillips answered on Mar 3, 2018

Depending on the State the exemptions may be better in one State vs. another. To prevent shopping for a State to bankrupt in, you must be a resident of a State for 2 years before you can claim that States's exemptions. This can be complicated depending on your assets. See a bankruptcy lawyer near... Read more »

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5 Answers | Asked in Bankruptcy for New York on
Q: I just filed chapter 7 bankruptcy on 2/14/18. I discovered a bill that I didn't include. Can I add it now?
David Earl Phillips
David Earl Phillips answered on Feb 20, 2018

Yes. There is a $31 filing fee to add a creditor. If you think you may have any more, you could wait and put them all in one filing to save money. It's $31 no matter how many you add if you do it at one time. Hope it works out. Good luck!

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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Collections for Kentucky on
Q: Bankruptcy or credit card question. Can I be arrested for not paying creditors?

Disabled senior citizen can't pay off credit card debt and need to file bankruptcy. I was told because I receive SSI, have no savings or checking account, own no property, no life insurance, on fixed income there would be no need to file bankruptcy. I closed accounts and destroyed credit cards.... Read more »

David Earl Phillips
David Earl Phillips answered on Feb 19, 2018

There is no debtor's prison. If there was, over 50% of Americans would be in jail. You may very well be judgment proof and not need a bankruptcy filing. It would still not hurt to talk with a bankruptcy near you to get an opinion and to see all of your options. Most lawyers offer a free... Read more »

1 Answer | Asked in Bankruptcy for Texas on
Q: If I file personal bankruptcy how does that affect an LLC I have with my brother?
David Earl Phillips
David Earl Phillips answered on Feb 16, 2018

The trustee could be interested in your membership in the LLC. For instance, if you are a 50% member, then one half of the value of the LLC would be yours. It will depend on how much that would be worth and exemptions you may have. You really need to see a bankruptcy lawyer near you to determine... Read more »

1 Answer | Asked in Bankruptcy for Puerto Rico on
Q: If my spouse files for bankruptcy will it affect my credit?
David Earl Phillips
David Earl Phillips answered on Feb 16, 2018

It would if you jointly apply for credit together. Guilt by association. Best to only get credit in your name to avoid this problem. Another problem could be if she had joint debt with you when she alone filed bankruptcy. If she does file bankruptcy, check your credit a few months after her case is... Read more »

1 Answer | Asked in Bankruptcy for Indiana on
Q: How much of a personal bankruptcy case becomes public record?
David Earl Phillips
David Earl Phillips answered on Feb 16, 2018

All of the statements and schedules and related documents included in the petition are public record. The exception is protection for full social security numbers, names of children, birth dates, and taxpayer id number. Upon a motion to the Court, sometimes other information can be kept private by... Read more »

1 Answer | Asked in Bankruptcy for Georgia on
Q: I live with my mother and pay rent. Can they go after my mother's house in a Chapter 7?
David Earl Phillips
David Earl Phillips answered on Feb 13, 2018

Your chapter 7 case would only involve assets you own. If the home is not yours ( the deed is not in your name ) and it has not been in your name in the past, then the house would not be property of your bankruptcy estate. See a bankruptcy lawyer near you who will be able to review all the facts of... Read more »

3 Answers | Asked in Bankruptcy for Washington on
Q: How long do you have to wait to file for bankruptcy if you filed September 2011. I am now on disability
David Earl Phillips
David Earl Phillips answered on Feb 11, 2018

You may receive a discharge in a chapter 7 case once every 8 years. You count filing date to filing date. Per your question that would mean Sept. 2019. See a bankruptcy lawyer near you to review your options. Hope it works out. Good luck!

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1 Answer | Asked in Bankruptcy for Missouri on
Q: How do I find the status of a Bankruptcy case-Eastern District of Missouri in which we are a claim holder?
David Earl Phillips
David Earl Phillips answered on Feb 7, 2018

You can call the clerk's office :

Dana C. McWay, Clerk of Court

Thomas F. Eagleton US Courthouse

111 S. 10th Street, 4th Floor

St. Louis, MO 63102

Main Phone: (314) 244-4500

CM/ECF Help Desk: 1-866-803-9517

They may be able to answer your...
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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: I co-signed for my cousin's auto loan and he just declared bankruptcy. Am I liable for the debt now?
David Earl Phillips
David Earl Phillips answered on Feb 1, 2018

Depending on the terms of the auto contract you may very well be liable. It also depends on whether your cousin gives the car back to the creditor or decides to keep it and pay the loan.Read the contract carefully and it will address the default of the loan and what happens. Talk with a bankruptcy... Read more »

1 Answer | Asked in Bankruptcy for Maryland on
Q: Will filing for bankruptcy stop collections calls?
David Earl Phillips
David Earl Phillips answered on Feb 1, 2018

Yes, that is one of the main benefits of a bankruptcy filing. What is called the "automatic stay" goes into effect when your case is filed and it acts as an injunction against any contact with you by a creditor in most cases. Talk with a lawyer and see if bankruptcy would be a good option for you.... Read more »

1 Answer | Asked in Bankruptcy for Kentucky on
Q: If I file chapter 13 without my husband attached, will he lose his law license?
David Earl Phillips
David Earl Phillips answered on Jan 31, 2018

I am not aware of any situations where your chapter 13 would impact your husband's law license. Talk with your local bankruptcy lawyer and I am sure they would know if that is a problem. I have never heard of that happening in over 30 years of bankruptcy practice so I would not worry about it. Hope... Read more »

2 Answers | Asked in Bankruptcy for Arizona on
Q: We filed for CH 13 in August, my wifes mom just passed and left an inheritance, what do we do?

Can we pay current bills with it? or are we required to turn it all over? Can we pay bills and submit the balance...please advise.

David Earl Phillips
David Earl Phillips answered on Jan 31, 2018

Generally, the inheritance will be property of the bankruptcy estate. If you have a lawyer you need to talk with them about what your local court does in these cases. It probably depends on how much you are talking about. If you do not have an attorney I would suggest you call the trustee and ask... Read more »

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1 Answer | Asked in Bankruptcy for New Jersey on
Q: Creditor sold consumer loan after I filed Chapter 7 bankrupty. Do I have to add them to creditor list

I had a credit card and filed Chapter 7. Two months later the credit card sold the debt to another collection agency. Do I have to add this new collection agnecy to the Creditors list

David Earl Phillips
David Earl Phillips answered on Jan 27, 2018

You do not have to but it might save a lot of explanation down the road. You might ask the court clerk if you can file an amended creditor name and address as the debt was listed in the original bankruptcy filing, only the name has changed for the same debt. That might save you the $31 filing fee.... Read more »

1 Answer | Asked in Bankruptcy for Missouri on
Q: If you file for bankruptcy is it public knowledge?
David Earl Phillips
David Earl Phillips answered on Jan 24, 2018

The bankruptcy filing is a public record and persons may review the case documents you file with the court. There are limited privacy rules that protect the social security number, names of your children and things like that. As far as who and how much you owe and your assets and income, this is... Read more »

1 Answer | Asked in Bankruptcy for Missouri on
Q: what should we do if we received money from a deceased relative after we went before the trustee

we had no idea we were getting this money

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

If you become entitled to receive an inheritance within 180 days of the bankruptcy filing, that becomes property of the bankruptcy estate and belongs to the trustee for payment to your creditors in a chapter 7 bankruptcy case. You count the 180 days from the date the petition was filled. You should... Read more »

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I live in Tennessee and was told it is against the law on chapter 13 2 ply for a personal loan
David Earl Phillips
David Earl Phillips answered on Jan 23, 2018

Generally, when you are in an active Chapter 13 case you cannot obtain credit, i.e. a loan, without court permission. There are very limited exceptions for emergencies that might come up like your appliances quit working, and you have to have a replacement freezer so your food will not spoil,... Read more »

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