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Questions Answered by David Earl Phillips
1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can I still file bankruptcy if my ex wife's name is on the mortgage and deed to? She said she doesn't want it
David Earl Phillips
David Earl Phillips
answered on Oct 23, 2017

Yes, you can file bankruptcy even if your ex-wife is on the deed and mortgage. Of course, you have to qualify to file and your bankruptcy would not get rid of any obligation your ex may have on the property. She would have to file her own bankruptcy if that was an issue. See a bankruptcy lawyer in... View More

2 Answers | Asked in Bankruptcy for Virginia on
Q: I just filed for bankruptcy but am getting married in the next six months. Will that change anything for my debts?

I don't own property, only exempt assets and so on but I wanted to make sure my future husbands assets will be protected.

David Earl Phillips
David Earl Phillips
answered on Oct 23, 2017

No, your bankruptcy should not affect your future husband's assets. Your chapter 7 may even be completed and discharged if it is going to be 6 months before your wedding. Speak with a bankruptcy lawyer in your area if you have a further concern about this issue. Congratulations on your... View More

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1 Answer | Asked in Bankruptcy for Indiana on
Q: WHEN CAN I START PROCEEDINGS TO FILE A 2ND BANKRUPTCY IF IT WAS DISCHARGED 8/2010

I KNOW I HAVE TO WAIT 8 YEARS BUT IS IT 8 YEARS FROM THE DATE OF THE 1ST DISCHARGED DATE?

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

You count from the filing date of the 2010 petition, not the discharge date. Hope that helps. Good luck!

1 Answer | Asked in Bankruptcy for Ohio on
Q: i filed ch 7 in 6/10 can i file again?

i went through a rough few years and I am in bad financial situation again. I need help! Can I refile again since I filed in 6/2010? I need some options before I have a breakdown!

David Earl Phillips
David Earl Phillips
answered on Oct 2, 2017

You cannot file chapter 7 again until June, 2018. To receive a discharge in chapter 7 it must be 8 years between filings. You count filing date to filing date. You may be able to file a chapter 13. Talk with a lawyer in your area to see what your options are. Hope it works out. Good luck!

4 Answers | Asked in Bankruptcy for New York on
Q: Do I have to contact my car lender if I wish to reaffirm my car loan in Chapter 7?

There is a form to be filled out in court during chapter 7 bankruptcy, regarding reaffirmation of a car loan (so I can keep my car if I make the monthly payments). My question is whether I must take any steps other than fill out the form and submit it to the court.

That is, should I... View More

David Earl Phillips
David Earl Phillips
answered on Sep 28, 2017

Yes, you need to contact the lender. Reaffirmation is up to the creditor. You can state your intention to reaffirm but it is the creditor's decision as to whether they wish to do so or not. The creditor usually prepares the agreement as they have all of the figures on the loan balance and will... View More

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: How many times are you allowed to claim bankruptcy? What is the maximum amount allowed on a chapter 7

I have filled chapter 7 twice, I am in a financial mess again don't know how to manage money.

Need help bad!!!!

David Earl Phillips
David Earl Phillips
answered on Sep 21, 2017

You can only get a discharge in a chapter 7 case once every 8 years. You count filing date to filing date. If you qualify to file there is no limit on the number of times you can file other than the discharge restriction stated above. There is no limit on the amount you owe to file chapter 7. There... View More

3 Answers | Asked in Bankruptcy for New Mexico on
Q: I have no idea how or where to start the bankruptcy process. What are the first steps I need to take?

I am buried in debt and I have no idea what to do next. I know I am also losing my job and soon will not be able to even afford rent.

David Earl Phillips
David Earl Phillips
answered on Sep 20, 2017

Put together a list of all of your debts, all of your assets, 6 months of your income from all sources and do a monthly budget of your normal living expenses.Also, any lawsuits you are involved with. See a bankruptcy lawyer in your area and they will be able to review your situation and see if... View More

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2 Answers | Asked in Bankruptcy for Maryland on
Q: Do I have to file bankruptcy on all the accounts I owe, or can I keep some?
David Earl Phillips
David Earl Phillips
answered on Sep 15, 2017

You have to list all debts you have in your bankruptcy schedules. You can agree to reaffirm certain debts if you wish and the creditor agrees. This means you would be responsible for the debt and would not get rid of it in bankruptcy along with all your other debts. Talk with a bankruptcy lawyer in... View More

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2 Answers | Asked in Bankruptcy for Georgia on
Q: Is there a limit to the number of times a person can file for bankruptcy?
David Earl Phillips
David Earl Phillips
answered on Sep 15, 2017

There is a time limit on the ability to receive a discharge of your debts in a bankruptcy case. It is 8 years from filing date to filing date in consecutive chapter 7 filings if you received a discharge in the first case.. The rules are different for chapter 13. So, you could file before the time... View More

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3 Answers | Asked in Bankruptcy for Florida on
Q: Can we be sued for not paying our mortgage after a discharged bankruptcy?

My husband and I filed chapter 7 bankruptcy last year. It was discharged in November. We did not reaffirm the mortgage, but have continued to pay the monthly payments since the discharge. My question is: Can the mortgage company do anything to us financially, if we just decide to quit paying and... View More

David Earl Phillips
David Earl Phillips
answered on Sep 15, 2017

You can pack up and move anytime you wish. The creditor cannot pursue you for the debt. You were very wise to not reaffirm the mortgage. Most lawyers do not recommend a reaffirmation agreement on the mortgaged real estate. You may still be liable for the local city and county code laws regarding... View More

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: If your still married but seperated and your spouse filed bankruptcy can you file

Lady suing for big amount of money cant afford it

David Earl Phillips
David Earl Phillips
answered on Sep 14, 2017

If you meet the qualifications to file, the fact that your wife filed would not prevent you from also filing. call a bankruptcy lawyer and see what your options are. Hope it works out. Good luck!

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: If I apply for a payment plan for a chapter 13 filing fee, will my petition not be filed until its paid in full?
David Earl Phillips
David Earl Phillips
answered on Sep 8, 2017

A case can be filed and the filing fee paid in installments as part of the 13 plan as you make payments to the 13 trustee in most districts. Be sure and get a lawyer to assist you. Chapter 13 cases can be very complicated and almost impossible to do without a lawyer. Hope it works out. Good luck!

1 Answer | Asked in Bankruptcy for Indiana on
Q: can Adoption Subsidy be considered as income when filing chapter 13 bankruptcy
David Earl Phillips
David Earl Phillips
answered on Aug 28, 2017

Sure. Any source of funds that you receive on a regular basis could be income to support a chapter 13 plan. Talk with a bankruptcy lawyer in your area to look at your situation and see if chapter 13 would be a good option for you. Good luck!

1 Answer | Asked in Bankruptcy for Ohio on
Q: Can you take civil judgements that suspended your licence off with bankruptcy.

My licence are suspended indefinitely until I pay, can I put that judgement on a bankruptcy.

David Earl Phillips
David Earl Phillips
answered on Aug 23, 2017

Have a bankruptcy lawyer review your situation and that may be possible. For instance, in Tennessee, an unpaid judgement for a car wreck can lead to a loss of your license. If you file bankruptcy and discharge the debt you can then get your license back. Of course, there are a lot of factors that... View More

1 Answer | Asked in Bankruptcy and Foreclosure for Indiana on
Q: Our Ch. 7 Bankruptcy has been discharged. The motion for foreclosure has been filed and

Sent to the Sheriff. Can we go ahead and move out of the house?

David Earl Phillips
David Earl Phillips
answered on Aug 15, 2017

Yes. You do not have to wait on the sale. You should notify the attorney doing the foreclosure and the sheriff office that you are vacating the property. Also, turn off the power and water. If you had a bankruptcy lawyer, tell them that you are moving out. Good luck!

1 Answer | Asked in Bankruptcy and Consumer Law for Tennessee on
Q: i have enrolled in national debt relief almost 4 months ago did i make a mistake

i have been turned over to collections allready and havent noticed that national debt relief was doing anything. these are all unsecured debts

David Earl Phillips
David Earl Phillips
answered on Aug 9, 2017

Sometimes programs like that help. Might be best to see a lawyer to review your situation and see what your best option is.

Most attorneys offer a free consultation so it would not hurt to get an opinion as to whether if the debt consolidation is the way to go. Hope it works out. Good luck!

2 Answers | Asked in Bankruptcy for Colorado on
Q: How long does a Chapter 7 case last?
David Earl Phillips
David Earl Phillips
answered on Aug 8, 2017

If there are no assets for the trustee to administer a chapter 7 usually takes about 4 months. Talk with a lawyer near you to see if bankruptcy is a good option in your situation. Hope it works out. Good luck!

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Under what conditions should a husband and wife both file under Chapter 7?
David Earl Phillips
David Earl Phillips
answered on Aug 8, 2017

Generally, if you have a large amount of joint debt or individual debt it will be to your advantage to file together. Saves cost and fees to file together also. Have a lawyer look at your situation and see if bankruptcy will be a good option. Hope it works out. Good luck!

2 Answers | Asked in Bankruptcy for Virginia on
Q: Will my employer be notified if I file for bankruptcy?
David Earl Phillips
David Earl Phillips
answered on Aug 2, 2017

Mr. Nachbar is correct. Also, if you owe your employer money then they would be a creditor and should be notified of the bankruptcy case. See a bankruptcy lawyer in your area. They will be able to advise you as to whom will be notified if you file a bankruptcy case. Good luck!

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2 Answers | Asked in Bankruptcy for South Carolina on
Q: Can I stop a foreclosure on my home if I file for bankruptcy? How fast will it work?
David Earl Phillips
David Earl Phillips
answered on Aug 2, 2017

The automatic stay protection of bankruptcy goes into effect immediately upon filing the case. If it is filed before the foreclosure then it will stop the foreclosure sale at least temporarily. See a bankruptcy lawyer asap. There are limitations on the automatic stay if you have previous bankruptcy... View More

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