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Bankruptcy Questions & Answers
0 Answers | Asked in Bankruptcy for Florida on
Q: Is it normal for my bankruptcy attorney to not research questions I have? All I keep getting is "I don't know

When I ask that he find out, he never follows up and gets the question asked with the trustee.

1 Answer | Asked in Bankruptcy for Michigan on
Q: On chapter 7, do I include my father and his Social Security? He pays his own bills and I pay mine
Brent T. Geers
Brent T. Geers
answered on Jul 11, 2024

You should consult with a bankruptcy attorney on this first, but ordinarily, you would need to declare you receive some form of financial assistance or income from him, which is different from the entirety of his social security.

0 Answers | Asked in Bankruptcy and Divorce on
Q: I was about to declare bankruptcy due to a financially abusive spouse, i just found out he has been cheating on me

So now I am looking for a divorce attorney. can the bankruptcy be included in the divorce? Or should the BK it be done after the divorce?

0 Answers | Asked in Bankruptcy and Consumer Law for Indiana on
Q: Being threatened with wage garnishment for 2 different debts and already getting garnished for 1, what can I do?

I feel it's time to file bankrupt but don't make enough money to get a lawyer and definitely do not make enough for so many garnishments to be coming out of my check. I make about $200/wk and that is all I have for income, I have children who's father does not pay child support or... View More

0 Answers | Asked in Bankruptcy for New Jersey on
Q: Hi, My chapter 11 gets dismissed due to failed to file plan and other supporting documents just for one day delay in NJ.

I am trying to file Motion to vacate dismissal in chapter 11. can you help me out with proper forms etc. ?

0 Answers | Asked in Bankruptcy for Mississippi on
Q: Bankruptcy adversarial proceeding for student loans if you are already in the 3 year monitoring for disability discharge

I was approved for a student loan discharge via disability and am in the 3 year monitoring period. Unfortunately that period will not be up until Dec 2026 which is beyond the period where you don't get a 1099-C. Since the Dallas court ruled that in our district we can only have our student... View More

0 Answers | Asked in Bankruptcy and Consumer Law for Indiana on
Q: How can I file bankruptcy with no money?

I have more than one debt that is getting ready to be garnished out of my pay (I bring home about $200/wk and am a single mom of 3 with no child support). I owe in total over $20,000 to different creditors and there is no way I will be able to pay this and be able to take care of my children's... View More

1 Answer | Asked in Landlord - Tenant and Bankruptcy for New Jersey on
Q: Need to evict tenant..no rent in 17 months...filed bankruptcy June 29..went to court today...she was allowed to stay

For 6 months more for free...can you file bankruptcy in June and have a judgment in July...I need her out I could lose my house...plus her paperwork wasn't official documents...it was hand written

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2024

You need to retain an experienced Bankruptcy attorney to file a Motion to Vacate the automatic stay and if you have not done so already, then you need to have the attorney file a proof of claim. Once the automatic stay is vacated, then you need to retain a landlord tenant attorney to get this... View More

1 Answer | Asked in Bankruptcy, Consumer Law and Landlord - Tenant for Kentucky on
Q: Did my landlord violate the automatic stay ?

I filled bannkrupy by myself may 17. Landlord was very much aware of my bankruptcy. Landlord filed evictions on me June the 7th with no premision from the court. I got served with eviction papers June 11. Landlord filed a motion to dismiss the eviction the day before eviction court but I still went... View More

James L. Arrasmith
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answered on Jul 2, 2024

Based on the information provided, it appears that your landlord may have indeed violated the automatic stay that goes into effect when you file for bankruptcy. Let's break this down:

1. You filed for bankruptcy on May 17.

2. The automatic stay goes into effect immediately upon...
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1 Answer | Asked in Bankruptcy on
Q: I have students loans amounting to $190,286.78. I live in Italy as a US Citizen. I dont work. What happens?

What happens if I dont work and cant make the payments? I had to make a master promisary note. Who will be held responsbile to make the payments? Since I dont work

James L. Arrasmith
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answered on Jul 2, 2024

Based on the information provided, here's what you need to know about your situation:

1. Student loan debt:

- Your student loans amount to $190,286.78.

- You've signed a master promissory note, which is a legally binding agreement to repay the loans.

2....
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1 Answer | Asked in Bankruptcy for Oregon on
Q: I own a 17 year old car that’s worth about $3600 and I need to have $2000 worth of work done. Can I charge this?
James L. Arrasmith
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answered on Jul 2, 2024

Based on the information provided, here's a concise response to the question:

In Oregon, you may be able to charge the $2000 repair cost for your 17-year-old car worth $3600, but it depends on several factors:

1. Bankruptcy exemptions: Oregon allows you to exempt up to $3,000...
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1 Answer | Asked in Bankruptcy, Divorce and Family Law for North Carolina on
Q: How do I keep the house if my ex files for bankruptcy?

I am divorced but I can't get my ex to finish the ED. It's been 4 years already and there's always a "reason" for it to be continued when we go to court for it.

He hasn't lived here in 5 years. I pay all the bills, live here with the kids and he is not... View More

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex situation involving divorce, equitable distribution (ED), and bankruptcy law. Here's a general overview of steps you might consider, but please note that you should consult with a local attorney who specializes in both family law and bankruptcy for specific advice:

1....
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0 Answers | Asked in Bankruptcy and Family Law for Georgia on
Q: Am I on the hook for gifted money I received from my father two years before his Chapter 7 bankruptcy filing?

My father filed for chapter 7 bankruptcy on May 23rd 2024. He gifted me cash to help me out in February 2022. Am I (the recipient) on the hook to pay that money back to the trustee? This would be over two years ago. He had no idea he would run into enough trouble for bankruptcy at the time in 2022.

1 Answer | Asked in Bankruptcy for California on
Q: Who can help me complete chapter 7 bankruptcy forms near Del Norte county?
James L. Arrasmith
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answered on Jun 30, 2024

To answer this question about completing Chapter 7 bankruptcy forms near Del Norte County, California, I can provide some general guidance:

1. Bankruptcy attorneys: The most reliable option is to consult a local bankruptcy attorney. They can provide expert guidance and help complete the...
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1 Answer | Asked in Bankruptcy and Civil Litigation for Indiana on
Q: I'm being sued for a lemon car from two years ago, I have court on July 19th.my wife and I would like to file bankruptcy
James L. Arrasmith
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answered on Jun 30, 2024

Based on the situation you've described, here are some key points to consider:

1. Timing: With your court date on July 19th and your desire to file bankruptcy, you should act quickly.

2. Automatic stay: Filing for bankruptcy typically triggers an automatic stay, which can halt...
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1 Answer | Asked in Bankruptcy for Ohio on
Q: Will my secured debt creditor take the initiative to repossess the property?

I filed for a chapter 7 bankruptcy earlier this year and received a discharge judgement in May of 2024. Along with my unsecured credit card debt, the bankruptcy also discharged a secured debt in the form of an auto loan. I had not signed the provided reaffirmation agreement provided by the creditor... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the information provided, here's an analysis of your situation:

1. Discharge of secured debt: While your Chapter 7 bankruptcy discharged your personal liability for the auto loan, it did not eliminate the creditor's security interest in the vehicle.

2....
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1 Answer | Asked in Bankruptcy and Business Law for Pennsylvania on
Q: I have a partnership with someone who sells partnerships in horse. He said they are going to file personal bankruptcy

Can I still get the money from them that they owe me. I live in PA and they live in AZ. They have not filed yet as far as I know of. They still have 2 horses racing.

James L. Arrasmith
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answered on Jun 29, 2024

If your partner files for personal bankruptcy, it can complicate your ability to collect the money they owe you. However, you may still have some options to pursue your claim.

First, you should check whether they have actually filed for bankruptcy. If they haven't filed yet, you might...
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