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Alabama Bankruptcy Questions & Answers
0 Answers | Asked in Bankruptcy for Alabama on
Q: I filed chapter 13 bankruptcy back in December of last year. I called my attorney a few weeks ago to ask about convertin

To a 7, he informed me the fees would

Have to be paid first. Okay so his fees are paid so I spoke with him yesterday to see about converting… now he says I have to pay him a 1,250 up front conversion fee just to see if I even qualify. I’m feel like im being screwed. I need help.

5 Answers | Asked in Bankruptcy and Real Estate Law for Alabama on
Q: My brother sold family land to me and I haven’t gotten it put in my name. He filed bankruptcy without telling me.

Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

BR Trustee will claim title to that parcel. unless Debtor is able to exempt it. If so, after about 2 years you should be able to get it transferred to you. If part of the BR Estate, then you can try to buy it from Trustee. You and Brother need to talk to the BR attorney.

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1 Answer | Asked in Bankruptcy, Child Support and Family Law for Alabama on
Q: My ex husband filed chapter 13 last year and our youngest turned 19. We have received no CS payments in months.

He owes $36,000 in arrears. DHR said they can no longer garnish for arrears and his bankruptcy lawyer will not return calls. I reached out to the State of Alabama Trustee and she said they can only pay out what he sends in. How will he be held responsible for paying? It stated in the bankruptcy... View More

James L. Arrasmith
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answered on Mar 16, 2024

It's essential to understand that child support obligations are treated with high priority in bankruptcy proceedings, including Chapter 13. Even though your ex-husband filed for bankruptcy, his child support arrears should not be discharged by the bankruptcy and remain his responsibility. The... View More

1 Answer | Asked in Bankruptcy for Alabama on
Q: If a person files Chapter 13 in AL, can they assign new debt in the form of a 2nd lien to the property? To stop foreclos

I need to stop the foreclosure to give time for the courts to approve the sale of the property, but I need protection from losing the money to reinstate the foreclosure. If I can put a 2nd lien on the house I can show it on the HUD statement that is submitted to the bankruptcy court.

Timothy Denison
Timothy Denison
answered on Dec 17, 2023

The filing of a chapter 13 will immediately invoke the automatic stay and prevent snd further foreclosure action except through the bankruptcy court.

2 Answers | Asked in Bankruptcy for Alabama on
Q: What do I do a insurance company is sueing me for old car accident And I'm broke I work at McDonald's
James L. Arrasmith
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answered on Sep 8, 2023

I'm sorry to hear about your difficult situation. It would be a good idea to respond to the lawsuit to protect your rights - in California, you generally have 30 days to respond to a lawsuit after you are served. Since you mentioned that you are facing financial difficulties, you might... View More

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3 Answers | Asked in Bankruptcy for Alabama on
Q: If my chapter 13 bankruptcy gets dismissed can trustee take my real estate even though it’s not included in the case?
Timothy Denison
Timothy Denison
answered on Aug 21, 2023

If you own real estate, it’s included in the case.

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1 Answer | Asked in Bankruptcy for Alabama on
Q: Can me and my husband file bankruptcy together even if I have not legally change my name
James L. Arrasmith
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answered on Sep 8, 2023

Yes, you and your husband can file for bankruptcy jointly even if you have not legally changed your name after marriage. When you file, you will use your legal names as they appear on your government-issued IDs to ensure there are no discrepancies in the official records. It is essential to provide... View More

3 Answers | Asked in Bankruptcy for Alabama on
Q: Can me and my husband file bankruptcy together. Even though I have not legal change my name
James L. Arrasmith
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answered on Sep 8, 2023

Yes, you and your husband can file for bankruptcy jointly even if you have not legally changed your name after marriage. When you file, you will use your legal names as they appear on your government-issued IDs to ensure there are no discrepancies in the official records. It is essential to provide... View More

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1 Answer | Asked in Bankruptcy for Alabama on
Q: New lien assigned to real estate after Chapter 7 Bankruptcy discharged.

I filed for Chapter 7 bankruptcy and it was discharged in 2/2014. The property was sold during foreclosure and then the property was bought back from that purchaser. Bayview Loan Servicing was assigned a lien to the property on 8/20/2015, for the original purchase price of the property, which was... View More

James L. Arrasmith
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answered on Sep 8, 2023

After a Chapter 7 bankruptcy discharge, you are generally relieved from personal liability for debts existing prior to the bankruptcy filing; however, secured debts, such as a mortgage, can be different because the lien on the property often survives the bankruptcy discharge. If Bayview Loan... View More

2 Answers | Asked in Bankruptcy for Alabama on
Q: Filed Chapter 7 bankruptcy and discharged in 2014, liens from creditors that are all older than 10 years still exist.

My ex-husband and I filed Chapter 7 bankruptcy in Alabama and had it discharged in 2014, and then bought the property back in foreclosure from a different company. The liens from creditors, which were all from business loans that used the house and property for collateral before the bankruptcy and... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 14, 2023

While unsecured general claims are discharged in a Ch. 7 bankruptcy, any claims with collateral where that lien is "perfected" by filing (in accordance with state law) are not discharged, and the lien survives with the claim. (Decades ago, Justice Thomas wrote the majority opinion for... View More

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2 Answers | Asked in Civil Litigation, Contracts, Bankruptcy and Estate Planning for Alabama on
Q: Joint ownership of purchased property pre inheritance by step mom 3-4 yrs later made own mortgage contract only 2 signed

Step mother now pushing breach of contract also we are in bankruptcy.

Timothy Denison
Timothy Denison
answered on Mar 29, 2023

Step mother needs to be added as a creditor in bankruptcy to stop her from taking any action.

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2 Answers | Asked in Bankruptcy for Alabama on
Q: I’m in chapter 13 with an end date within 6 months. I paid off Irs debt in said bankruptcy. I owe the IRS 3900 this year

I’m in chapter 13 with an end date within 6 months. I paid off Irs debt in said bankruptcy. I owe the IRS 3900 this year and I’m scared to file because I owe . Can I setup a payment plan outside of the bankruptcy and not get in trouble

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 22, 2023

Yes, you may set up a payment plan with the IRS at this point, and it behooves you to do so, as generally, the Bankruptcy Code requires you to remain "current" upon ongoing obligations.

The IRS, however, may require you to obtain judicial approval of any payment plan with the...
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2 Answers | Asked in Bankruptcy for Alabama on
Q: i’ve been divorced for 16 years. my ex used land deeds in his name only to secure a sba mortgage loan. i signed only as

my credit was higher. i had no collateral at all to secure loan. can i file chapter 7 to get off of loan. i own nothing live on disability and can’t work..

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 13, 2023

Yes, you should be able to file for bankruptcy relief to discharge your obligation to repay that loan.

You should however speak to an experienced bankruptcy attorney in Alabama about this plan, as I am somewhat concerned, from what you say, about the creditor's possible argument that...
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2 Answers | Asked in Bankruptcy for Alabama on
Q: How long after a Chapter 7 filed is it determined to be an asset/no asset case?

We are currently in a Chapter 7 in the state of AL we have lived her 1.5 years, and moved from CA, and other than providing the required information, our attorney barely communicates with us. I have sent her several emails with questions, and no response. We are in a very small town, and our law... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 27, 2023

In my PA district, around Philadelphia, the trustees send out a "no-asset" notice shortly after the 241/first meeting of creditors is completed. IOW, that's about a month or two after the case is filed.

Non-responsiveness of counsel, at least in the bankruptcy field, is not...
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1 Answer | Asked in Bankruptcy and Contracts for Alabama on
Q: My car was repossessed in Sept 2022. I received a letter stating that I could redeem it for $17000 by Oct 3, 2022 or it

Would be auctioned. I never received a letter stating when and where my car was to be auctioned at. The next letter I received stated that my car had been sold and that I owe 6,911. Per their contract, I wasn't properly notified. What can I do about this?

Timothy Denison
Timothy Denison
answered on Jan 22, 2023

Hire a civil lawyer to sue the car seller and seek damages for their breach of sale requirements.

2 Answers | Asked in Bankruptcy for Alabama on
Q: Can you use AfterPay while in a chapter 13 bankruptcy? I’m in Chilton county, AL. Thanks!
James Edward Loris Jr
James Edward Loris Jr
answered on Sep 26, 2022

I’m not sure what AfterPay is, but anytime you need to incur debt while you’re in an active Chapter 13 case, such as for a replacement vehicle or an emergency for an air conditioner, you’ll need to contact your Attorney and have him file a Motion to Incur Debt, which need to be approved by... View More

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1 Answer | Asked in Bankruptcy for Alabama on
Q: Can I use AfterPay while in a Chapter 13 bankruptcy? I’m two years into my plan, and live in Alabama. Thanks!
Timothy Denison
Timothy Denison
answered on Sep 28, 2022

You’ll need to file a motion with the court and get permission first.

3 Answers | Asked in Bankruptcy for Alabama on
Q: Can I file and put my auto loan in it but my spouse does not want to file and he is secondary on the auto loan

Can I still file and put the auto loan in chapter 13 without my spouse having to file?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 20, 2022

Sure you can. And in a Chapter 13, there is a "co-debtor stay", so while you are in your Ch. 13, creditors are stayed from attempting to pursue the debt against both you and your spouse.

By the way, when you file a bankruptcy case, you must disclose ALL your debts, as well as all...
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