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Questions Answered by David Earl Phillips
1 Answer | Asked in Bankruptcy for Nevada on
Q: Chapter 7 bankruptcy, had already a 341 hearing but now one of the creditors changed the amount owed form 7k to 14k.

Filed Chapter 7 bankruptcy, had the 341 hearing 40 days ago, and now one of the creditors changed the amount owed from 7k to 14k, which I was not aware. What do I need to do, do I have to amend the paperwork submitted to the court? Is there a document I have to submit to court to change the amount?... View More

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

You can amend the schedule you filed showing $7000 to $14000 if you wish. The fact that you were incorrect about the amount should not affect the discharge of the entire amount. In chapter 7 it is being sure the creditor is listed that is more important than the actual amount owed in most cases. Of... View More

1 Answer | Asked in Bankruptcy for Colorado on
Q: Will my garnishment stop if I file bankruptcy?
David Earl Phillips
David Earl Phillips
answered on Jan 10, 2018

Yes. Almost always a bankruptcy filing will stop a garnishment of a paycheck by a creditor. The exception might be some type of criminal court matter or child support issues. See a local Bankruptcy lawyer in your area to determine your best options and to see if bankruptcy might work for you. Hope... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: What is the kind of bankruptcy that wipes out all of your debts?
David Earl Phillips
David Earl Phillips
answered on Jan 2, 2018

Chapter 7 will get rid of most debts. It will not remove most taxes, student loans, alimony and child support. See a bankruptcy lawyer near you to determine if bankruptcy would be a good option for you. Hope it works out. Good luck!

5 Answers | Asked in Bankruptcy for California on
Q: Can I write off hospital bills in bankruptcy?
David Earl Phillips
David Earl Phillips
answered on Jan 2, 2018

Yes, medical bills are one of the most common debts we see in bankruptcy cases. See a local bankruptcy lawyer near you to see if bankruptcy would be a good option. Hope it works out. Good luck!

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1 Answer | Asked in Bankruptcy for New Hampshire on
Q: If you file bankruptcy can you later take out student loans?
David Earl Phillips
David Earl Phillips
answered on Jan 2, 2018

The Rules of Bankruptcy do not allow discrimination by a student loan provider based upon someone having filed a bankruptcy case in the past. See 11 U.S.C. Section 525 of the Bankruptcy Code. Talk with a Bankruptcy Attorney near you and they can usually review your situation and advise as to... View More

3 Answers | Asked in Bankruptcy for Michigan on
Q: Is there a time of year that is best to file for bankruptcy?
David Earl Phillips
David Earl Phillips
answered on Jan 2, 2018

Between January and April you may find that the Trustees in Bankruptcy Court will have more questions regarding your IRS Tax Refund and how much that amount may be. Depending on the local customs of your Bankruptcy Court, sometimes the refund could be an issue. It depends on your exemptions, and... View More

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1 Answer | Asked in Bankruptcy for Missouri on
Q: What court do you go to for bankruptcy?
David Earl Phillips
David Earl Phillips
answered on Jan 2, 2018

You would go to a Bankruptcy Court which is a unit of the Federal District Court in the area you live in. Talk with a Bankruptcy Attorney near you and they will be able to tell you where the Bankruptcy Court is located. Generally, the Court will be located at or near the Federal District Court... View More

1 Answer | Asked in Bankruptcy for Colorado on
Q: Does filing personal bankruptcy impact your ability to take out loans for a business you own?
David Earl Phillips
David Earl Phillips
answered on Jan 2, 2018

It could, especially if you were ask to guarantee the loan or were ask to be a co-signor. Talk with a local Bankruptcy attorney near you and let them look at your situation and see if Bankruptcy would be a good option or not. Hope it works out. Good Luck.

2 Answers | Asked in Bankruptcy, Car Accidents, Collections and Small Claims for Kentucky on
Q: How can I stop a wage attachment
David Earl Phillips
David Earl Phillips
answered on Dec 24, 2017

See a Bankruptcy lawyer near you. Stopping a wage attachment is something that comes up in a lot of bankruptcy cases and can be dealt with very quickly. A bankruptcy lawyer can look over your entire situation and see if bankruptcy would be a good option. There may be other ways to deal with this... View More

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2 Answers | Asked in Bankruptcy and Consumer Law for Florida on
Q: How do I get a copy of my credit report so I can start on fixing it. Have lots of medical bills because of a disability.

I have lost track of who I owe. How do I get a list of who I owe and how much. Thank U

David Earl Phillips
David Earl Phillips
answered on Dec 17, 2017

You can go to www.annualcreditreport.com. You can get a copy of the 3 main credit reporting agencies for free. Hope this helps. Good Luck.

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2 Answers | Asked in Bankruptcy for Colorado on
Q: Filed chapter 7, received full no asset discharge. Now have a couple of collection agencies attempting to collect debts.

These debts were listed in said bankruptcy. My attorney has quit practicing and I have gotten no information on anyone handling his clients. I do remember him stating an attempt to collect a debt after filing/ discharge was $1000 fine. If so who gets the $$$ when proved and who do I complain to?... View More

David Earl Phillips
David Earl Phillips
answered on Dec 7, 2017

You would have an action for discharge violations. See another bankruptcy lawyer in your area and they can advise you how to proceed. Most lawyers will take these type matters and obtain their attorney fees from the recovery of damages. Hope it works out. Good luck!

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: How much does ot cost to file bankruptcy?
David Earl Phillips
David Earl Phillips
answered on Dec 4, 2017

The filing fee is $335 for Chapter 7 cases. This is paid to the clerk of the court. Chapter 7 attorney fees vary throughout the country with an average usually being between $800 to $1200 for a simple case. Call a bankruptcy lawyer near you and they will be able to review your situation and see if... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I live in Tennessee. I filed chapter 13 back in 2010 and and it was discharged in 2015. Since then I have alot of

Medical bills and some credit card and a loan to repair some things at my home. I am behind on my morgage and they are threatening to foreclose. Can I file chapter 13 again? I don't want to lose my home, I've paid on for almost 30 years and only have about 5 years til it's paid off

David Earl Phillips
David Earl Phillips
answered on Nov 16, 2017

Yes, you may be able to file another Chapter 13 and prevent a Foreclosure of the home. You would have to qualify, which means you must be able to put together a feasible Chapter 13 Plan that would meet the requirements of the Chapter 13 laws. The fact that you filed in 2010 and completed the... View More

3 Answers | Asked in Bankruptcy for Texas on
Q: I wanted to know if i can file ch 7 a 4th time in TX?

Medical and credit card debt.

David Earl Phillips
David Earl Phillips
answered on Nov 11, 2017

The question is can you get a discharge? Under the current bankruptcy law, you are able to receive a discharge (Get rid of your debt) only once every 8 years under a chapter 7 filing. You count the 8 years from filing date to filing date. See a bankruptcy lawyer near you and let them review your... View More

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2 Answers | Asked in Bankruptcy for Colorado on
Q: I am a co signer on my daughters car. She is filing bankruptcy and will include the car. Will I still be liable?

I am scared I will end up getting sued for the amount. Is there anything I can do to protect myself?

David Earl Phillips
David Earl Phillips
answered on Nov 7, 2017

Read the terms of the contract. Generally, you would still owe the car loan if your daughter files bankruptcy. You may wish to see an attorney yourself to see what your options are. Hope it works out. Good luck!

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: I have a lot of debt and 66 years old, not in good health and looking to sell my home In. Tennessee. I was advised to

File bankruptcy before selling home but scarred I won't be able to keep proceeds from homes sale.

When do I feel before or after sale?

David Earl Phillips
David Earl Phillips
answered on Oct 27, 2017

To answer the question will need to know how much equity you have in the home. See a bankruptcy lawyer near you to go over your entire situation and give you your best options. Hope it works out. Good luck!

5 Answers | Asked in Bankruptcy for Michigan on
Q: Can my husband file for bankruptcy as an individual, or am I going to get dragged into this?
David Earl Phillips
David Earl Phillips
answered on Oct 25, 2017

No, you do not have to file bankruptcy unless you wish to. If you are joint on any of the debts that your husband discharges, the creditors can still collect from you. Hope it works out. Good luck!

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3 Answers | Asked in Bankruptcy for Michigan on
Q: when can i take the 2nd bankruptcy course??

i already filed. my 341 meeting is nov 25. do i take the coirse after the 341???

David Earl Phillips
David Earl Phillips
answered on Oct 25, 2017

You may complete the second course after the case is filed. They will ask for the bankruptcy case number that you get upon filing the case. You do not have to wait for the 342 hearing. Be sure the certificate gets filed with the court clerk when you complete the second course. Good luck!

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can student loans be included in ch 7
David Earl Phillips
David Earl Phillips
answered on Oct 25, 2017

You do have to disclose that you have student loans in your bankruptcy schedules. In almost all situations you cannot discharge student loans in a chapter 7 filing. See a bankruptcy lawyer in your area for a review of your situation and they can go over your options with you. Every case is... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: Is it worth filing a chapter 13 if the 4 years aren't up from a chap 7
David Earl Phillips
David Earl Phillips
answered on Oct 25, 2017

You will get all of the protection from your creditors, you just would not receive a discharge when the 13 plan completed.

See a bankruptcy lawyer in your area to review all of your options. In many cases, the filing of a 13 in a situation like you have would be to your advantage. Hope it...
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