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Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Collections for Illinois on
Q: I am being sued for debt, but never received court papers. Do I need to show up at court without being served??

I was out of states for two months. When I got back I noticed mails from different law companies that there is a lawsuit agains me. I have never was served papers. Don’t know what to do and if I have to be in court even if I never was served

Bryan R. Bagdady
Bryan R. Bagdady
answered on Sep 21, 2023

In Illinois, a court does not obtain jurisdiction over you until you are served with the summons and complaint. If several attempts were made to serve you and they were unsuccessful - presumably so since you were out of town, then the plaintiff may be in a position to ask the court for permission... View More

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1 Answer | Asked in Bankruptcy for Indiana on
Q: am i authorized to work at amazon with i-94 ?
Timothy Denison
Timothy Denison
answered on Sep 21, 2023

Yes.

4 Answers | Asked in Bankruptcy for California on
Q: I am a low income senior who wants to file a no asset chapter 7 bankruptcy in San Diego,CA

I cannot afford a lawyer. Are there any resources other than the Law School that might be of help?

Martha Warriner Jarrett
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answered on Sep 20, 2023

There is a lot of information on your Bankruptcy Court's website (www.casb.uscourts.gov) including information for for the San Diego Bar Assoc. lawyer referrals (www.scdba.org). Their phone number is (800) 464-1529. On the Court's website, click on the Information tab, for Filing without... View More

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2 Answers | Asked in Bankruptcy for South Dakota on
Q: I got a letter from my second mortgage saying I need to make a ballon payment soon. No way I can afford it or even close

My credit is shot so don't think I can refinance. some one suggested to file bankruptcy. As I red up on bankruptcy it said u can't include second mortgages in bankruptcy. Is that true?? Is there a way around it? What else can I do if I can get a loan to refinance or anything?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 15, 2023

Bankruptcy Chapter 13, enacted back in 1978, quickly became known as the "save the house" route.

An arrearage in a first mortgage debt can be cured, *at no accrual of interest*, in a Ch. 13. More relevantly, a second mortgage debt can be similarly treated. And if it can be...
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2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for Texas on
Q: Do you happen to know of any pro bono lawyers in my area ? I’m in Sulphur Springs Texas.
John Michael Frick
John Michael Frick
answered on Sep 14, 2023

For family law and domestic violence: https://www.justia.com/lawyers/family-law/texas/sulphur-springs/legal-aid-and-pro-bono-services

For various other legal matters: https://www.lonestarlegal.org/

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3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for California on
Q: 2nd mortgage is included in bankruptcy and now the 2nd mortgage is apparently in foreclosure.

My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More

James L. Arrasmith
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answered on Sep 14, 2023

Under California law, if your 2nd mortgage was included in the bankruptcy and there is no record of it on your credit report, it's possible that the debt was discharged in the bankruptcy process. If you haven't received any communication from the new owners of the 2nd mortgage/lien and... View More

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1 Answer | Asked in Bankruptcy and Civil Litigation for Texas on
Q: What is a non exempt item? Can they take car that doesn’t have a lien on it?
Timothy Denison
Timothy Denison
answered on Sep 14, 2023

Yes. That could be a non-exempt item.

2 Answers | Asked in Bankruptcy and Collections for Texas on
Q: I live in Texas and being sued by creditor in small claims. I cannot pay this I have medical condition and apply disabil

I have filed disability. I have other things to pay food and housing and cannot pay the creditor. I do not have money to file bankruptcy either

James L. Arrasmith
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answered on Sep 14, 2023

Given your medical condition and financial constraints, it may be advisable to consult with a legal aid organization or seek pro bono legal assistance to explore possible options for managing or negotiating the debt with the creditor. Additionally, you can consider exploring debt relief programs or... View More

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2 Answers | Asked in Bankruptcy and Business Law for Florida on
Q: If you have a business and refinanced a vehicle loan for your business using your mortgage, can you file bankruptcy?

We used our mortgage to help refinance our business vehicle. We may need to file bankruptcy for the business. Will it hurt our mortgage loan?

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

The answer mostly depends upon the type of *legal*entity that you've put the business into. A corporation, LLC, etc., is eligible to file a bankruptcy itself, as is a partnership. A sole proprietorship, however, is not a separate legal entity, and a bankruptcy of it will necessarily bring... View More

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2 Answers | Asked in Bankruptcy and Consumer Law for Arkansas on
Q: Company I bought mobile home is filing chapter 11 bankruptcy

Yes they are filing bankruptcy and it says in paperwork if I want to be relieved of debt I have to respond to it or file something if I don't want to settle for what they offer in trying to figure out what I should do?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 11, 2023

Your post omits almost all the facts necessary to answer your question.

That said, there are two basic types of Chapter 11 cases: one is a financial reorganization, and the other is a liquidation. Often, in a liquidation, a bankruptcy trustee is appointed, or at least the attorney for the...
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2 Answers | Asked in Bankruptcy for Texas on
Q: What does an attorney need to have to force a company or person into involuntary bankruptcy Chapter 7 in Texas?
James L. Arrasmith
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answered on Sep 11, 2023

To initiate an involuntary Chapter 7 bankruptcy case in Texas, or elsewhere in the U.S. as bankruptcy law is federal, an attorney would generally need to have one or more creditors who hold undisputed and non-contingent claims against the debtor. These creditors would petition the court to force... View More

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2 Answers | Asked in Bankruptcy and Traffic Tickets for Florida on
Q: KY: Will bankruptcy cover a civil suit which has my DL sus.

License has been suspended for 205+ years due to civil suit. Can I file bankruptcy in order to negate this?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 9, 2023

It is unclear how your driver's license was suspended, especially for that long, but no, bankruptcy will normally only discharge many debts, not remove other effects of civil suits, such as license suspensions.

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2 Answers | Asked in Bankruptcy, Business Law, Contracts and Tax Law for Georgia on
Q: I own a condo in a business name and my business partner is considering filing bankruptcy, would we need to sell condo?

So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 8, 2023

Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).

A general partner is personally liable for the debts of a...
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2 Answers | Asked in Bankruptcy, Foreclosure, Agricultural Law and Civil Rights for Tennessee on
Q: How can I find a lawyer pro bono ?

I have identity theft that has effected every thing about me and financially

White collar crime in my name that seems to have followed me from The State of Florida

Timothy Denison
Timothy Denison
answered on Sep 7, 2023

Contact your local Bar association or legal aid society. They maintain lists of pro Bono lawyers.

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1 Answer | Asked in Bankruptcy and Civil Rights on
Q: Im 60 on SSD&being harrassed by debt collectors attempting to avoid homelessness&defaulted cc/loans.Can you asst w chap7

I'm at 133% of poverty level. Couldnt sustain paying temp housing &cc/ loans.Im barely making ends meet. Probably need to file bankruptcy?I got here by family supplementing &then they passed~ no family left,not even extended. my quality of life since is sub standard.Barely can make it... View More

James L. Arrasmith
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answered on Sep 8, 2023

I'm really sorry to hear that you're experiencing this, but it's very important to talk to someone who can help. Please reach out to a mental health professional or a trusted person in your life who may be able to support you.

4 Answers | Asked in Bankruptcy and Banking for Colorado on
Q: When the bank holds the title on a vehicle but won't repossess it when the loan is in default. How can I get rid of it?

It's a large motorhome and I have no place to keep it. Can't afford to store it

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 6, 2023

In a bankruptcy case, you are given the right to return collateral to the secured lender in exchange for full satisfaction of the secured claim of that lender.

Short of that, the terms of your Security Agreement, with applicable Colorado law, apply.

In particular, what does the...
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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: i am 71 years old,i have been living off my credit cards. at my age i will never be able to pay them off.this will be my

it will be the third time in my life to do this.i am sick to my stomach over this but i have no other choice.i bought food paid bills and i can barely keep my head above water......please help

William J. Amann
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answered on Sep 4, 2023

It might seem odd to say but you might just be "judgment proof". In other words, you might not have any non-exempt assets or income for an unsecured creditor to pursue. If that's the case and if you can stomach it, you can essentially ignore the calls and letters. However,... View More

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2 Answers | Asked in Bankruptcy for Massachusetts on
Q: SIR,I AM NOT PROUD OF MY PROBLEM.i am 71 years old and i need to file for bankruptcy. this will be my 3 time filing and

because my income is low i have been living off my credit cards,i have no way to pay them off as they got out of control,i mainly bought food and would pay bills.i dont want to leave my love one stuck with the bills as he has no idea how i have been suffering.do you think you can help me?

Timothy Denison
Timothy Denison
answered on Sep 2, 2023

Check with your local bar association. They maintain lists of pro Bono and reduced fee attorneys who can help you.

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1 Answer | Asked in Bankruptcy for Nevada on
Q: Can I convert from chapter 7 to chapter 13?

Some assets have already been liquidated and I am only receiving social security disability and nothing else but there is assets in the state anywhere from 1 to 2 million dollars depending on who you ask. Do I qualify for a conversion? Original petition was filed about 8 months ago. Is there a time... View More

James L. Arrasmith
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answered on Sep 8, 2023

Under the federal Bankruptcy Code, you generally do have the right to convert your case from a Chapter 7 to a Chapter 13 bankruptcy, as long as you meet the requirements for Chapter 13, which includes having a regular source of income and not exceeding debt limits. Given that significant assets are... View More

3 Answers | Asked in Bankruptcy, Small Claims and Collections for Pennsylvania on
Q: Do I need to file bankruptcy in order to apply federal exemptions to a default judgment against me on an unsecured loan?

I'm a disabled resident of Bradford County on SSDI with no other source of income. I own a car worth $14k that I purchased outright using my disability benefits and I have personal belongings within my rented apartment, but hold no real significant value. A creditor is currently suing me for... View More

David Kennedy Bifulco
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answered on Sep 3, 2023

For Federal Exemptions to apply you would need to be in Federal Court. Pennsylvania has exemptions for levy's and garnishments that a Pennsylvania attorney can advise you of. You should speak with a Pennsylvania attorney in Bradford County so they can assist you with your rights. Since you... View More

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