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Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Louisiana on
Q: I'm unable to make payment on a chapter 13 bankruptcy. What can happen?

I've had multiple strokes and am now immobile. My only income is SSA. Can my bankruptcy payment be reduced?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 2, 2021

Yes, your plan payment can be adjusted even after your plan has been confirmed.

Your bankruptcy lawyer should be consulted, and should do the modification for you without further charge.

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0 Answers | Asked in Bankruptcy and Family Law for Texas on
Q: Can I Sue my ex-husband for not giving me any financial marital assets after the divorce?

My ex husband has been very controlling over our 24 year marriage. I started the divorce proceeding back in March. I submitted all my financial information to the court but he refused to submit his info, he received a motion from the court and contacted me to offer me a deal if I stopped the... Read more »

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can a person who has a fixed income, (Social security) file a chapter 7 bankruptcy for car accident liability

Accident occurred in 2013, judgement was rendered and a lawsuit filed on behalf of plaintiff in 2016. Amount $8000

Timothy Denison
Timothy Denison answered on Nov 30, 2021

Yes, so long as the underlying accident did not involve a DUI on your part.

1 Answer | Asked in Bankruptcy and Employment Law for California on
Q: Does discharging a lawsuit in bankruptcy discharge the original debt?

Filed personal chapter 7 bankruptcy. Listed a wage claim against me and the employee separately on the filing. Labor court took me off the case and listed in judgement I was not liable, only the business. Case was listed correctly so I’m good there. The employee’s address was incorrect on the... Read more »

Timothy Denison
Timothy Denison answered on Nov 30, 2021

You should be in the clear.

3 Answers | Asked in Bankruptcy for Michigan on
Q: What should I do I feel like I was pressured into filing for bankruptcy my attorneys office when I was 20?

I am now facing it being possibly discharged due to non payment because I had to take 8 months off of work due to no childcare. Now looking back I don’t think the ramifications were clearly described to me. I filed in January of 2020. I just started work and am going to try and get caught up now... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Nov 29, 2021

It seems like you are looking for validation of a theory that the attorney you hired to file a bankruptcy petition for you is responsible for problems that also involve the high cost of daycare. If your attorney committed legal malpractice, seek advice promptly because you must bring suit within... Read more »

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1 Answer | Asked in Bankruptcy for New Jersey on
Q: I’m defendant in adversary proceeding. Discovery due 40 days ago, nothing filed by plaintiff. Will this get dismissed?

Trial is scheduled for January but I haven’t heard any update in months. The pacermonitor hasn’t updated anything. When should I hear any type of updated? July was last update stating discovery due date in November and trial date in January

Leonard R. Boyer
Leonard R. Boyer answered on Nov 29, 2021

If you are in an adversary proceeding you should have counsel and direct your questions to your attorney. If you are not represented by counsel you need to retain an experienced bankruptcy attorney. There are rules and time limits in all aspects of bankruptcy. However there are circumstances when a... Read more »

2 Answers | Asked in Bankruptcy, Contracts, Personal Injury and Gov & Administrative Law for California on
Q: Default entered in Turner's favor

Enter default on pacer

Timothy Denison
Timothy Denison answered on Nov 28, 2021

What is your question?

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Chapter 7 in NJ what address do I use if I don't have a permanent address?

I have a PO box for mailings.

Michael David Siegel
Michael David Siegel answered on Nov 23, 2021

It is supposed to be the place where you spent the most of the last 180 days. If it is all in one district, it really does not matter. If it was in multiple states, then it is an issue.

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1 Answer | Asked in Bankruptcy for Washington on
Q: I have a joint mortgage with a family member and they are going to file for ch 7 bankruptcy.

I am the one making payments. Should I be worried . Does this affect my home? could they take it?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 22, 2021

As against the bankrupt, a mortgage or note provision that the filing of a bankruptcy triggers and acceleration of the debt has been held to be unenforceable by most courts.

And so long as the mortgage debt is being paid as due, most mortgage lenders/servers are happy and would not attempt...
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0 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Criminal Law on
Q: Can u help me do my redress pleas

I have been recently released from jail I

0 Answers | Asked in Bankruptcy for Texas on
Q: Can I File Chapter 7 before 8yrs from last chapter 7 discharge?

Filed chapter 7 bankruptcy In Aug 2015 and received full discharge of debts. Everything was going well including credit score and night new house. At the onset of pandemic, wife lost her job, 7 family members passed away, currently have brother and Aunt with Stage 4 inoperable Cancer, my income... Read more »

1 Answer | Asked in Bankruptcy for Kansas on
Q: Can file for chapter 13 two years after I had a chapter 7 discharged 2 years?

Got some medical bills sense chapter 7 and payday loans when I was out of work I'd like to pay back at a manageable plan. I am back to work now and have a steady income but wasn't sure if chapter 13 was an option within 2 years or not.

*Added*

I understand I cannot get a... Read more »

Stuart Nachbar
Stuart Nachbar answered on Nov 19, 2021

You can not obtain a discharge this soon. The Statute provides in your situation the with holding of a discharge in a Chapter 13 if you have a discharge within 4 years under Chapter 7

0 Answers | Asked in Bankruptcy and Employment Law on
Q: dispute with previous employer regarding commission advanced, claimed back. I can't afford to pay it back? How to repond

They set conditions of how to pay it pay back that I simply could not afford to meet. Although I did say I do not have it and could only pay if I had other resources. My salary barely covers my expenses and my kids come first. I received a lawyer's letter of demand threatening further action... Read more »

3 Answers | Asked in Bankruptcy and Civil Litigation for New Jersey on
Q: civil case, if plaintiff doesn’t disclose any discovery 30 days past the discovery due date does the case get dismissed?

Discovery date was set in July, was due in October and still nothing has been disclosed. Trial is scheduled for January

Timothy Denison
Timothy Denison answered on Nov 18, 2021

Not necessarily. Depends solely upon the FDA acts of the case and the judges interpolation of them.

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2 Answers | Asked in Bankruptcy and Child Support for North Carolina on
Q: What can I ask

I Don't know what I can say

Stuart Nachbar
Stuart Nachbar answered on Nov 17, 2021

If you are speaking to your counsel, be truthful. If you are asking a question in this forum, be as succinct as possible and detailed, but do not divulge personal identifiers

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2 Answers | Asked in Bankruptcy for Colorado on
Q: How long after trustee’s final account and distribution report certification(form 101-7-TDR) until case closed?

Is there a timeline for this? For chapter 7

Stuart Nachbar
Stuart Nachbar answered on Nov 15, 2021

It depends on whether chapter 13 (which can be 45-90) vs a Chapter 7 which is 30-60 days

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1 Answer | Asked in Bankruptcy for Illinois on
Q: I entered a doomsday with my mortgage company. I sent 2 money orders in the mail on the first. It was lost in mail

I can guarantee a double payment in two weeks for the payment lost in the mail and current payment what can happen

Timothy Denison
Timothy Denison answered on Nov 15, 2021

Probably nothing although in the future you should get a tracking number on each piece of mail you send.

4 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Business Law for Florida on
Q: What options are available to me or what can I do? I could get the money to pay the judgement but I can't afford more.

My business was being sued. The case had been going on for about 2 years. I was having financial issues and could not make payments to my attorney. He requested to withdraw and I granted it. I did not realize how hard it would be to find a new attorney and during my search me and my other two... Read more »

Jane Kim
Jane Kim answered on Nov 12, 2021

Bad situation, sorry to hear that. You should confirm whether the judgment is against the business only or against you individually as well. You may still be able to file a Motion to Set Aside DEFAULT Judgment, if it was entered by default, if you have excusable neglect and a meritorious defense.... Read more »

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