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Bankruptcy Questions & Answers
0 Answers | Asked in Bankruptcy for Delaware on
Q: My non-filing spouse is the sole owner of our house. When filing ch7, do I even list the property?

I am not on the mortgage. She became owner before we ever met. I'm a stay-at-home dad, no job. I'm filling out my paperwork and I'm not sure on my form 106 whether I should list the house and claim zero equity, or simply leave that section blank as the truth is "I own no equity... Read more »

3 Answers | Asked in Bankruptcy for Arizona on
Q: can a debt collector find out were my checking and savings acct is located in another state from were i was served,

i was served in a suit for a debt collection by a debt collector , the suit is for $6000, can i close a savings acct in another state from were i was served ,

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 16, 2021

Assuming that the creditor has not yet taken a judgment against you and issued a writ of garnishment, yes, you are free to do what you like with your assets.

You should be aware, however, that if a judgment or judgments are at some point entered against you, the creditor may have an...
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0 Answers | Asked in Bankruptcy, Banking, Collections and Small Claims for Washington on
Q: Do I have a case ?

In 2017 I co-signed for a care credit account for a former friend, we no longer speak but she had been paying on time, I January of this year I found out she stopped paying in October, I contacted care credit for details, the suggested credit counseling for her to be able to make payment. I reached... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Legal Malpractice for Maryland on
Q: I was given 2 responses but I dont know how to respond directly. I signed with my current Attorney in Oct of 2019.

Came up with a plan - started paying the bankruptcy each month. Paid into it March through November of 2020. My attorney filed something incorrectly - case was dismissed for a month. Started getting calls from creditors. He corrected it - I'm back in the bankruptcy. Bankruptcy approved in Dec... Read more »

Mark Oakley
Mark Oakley answered on Sep 16, 2021

You can get a second opinion from another experienced bankruptcy lawyer, who will need to review your case and the filings in it. If there is something new that can be done, other than what is being done, then they will tell you. If there was malpractice, then they can identify it for you and... Read more »

0 Answers | Asked in Bankruptcy, Landlord - Tenant and Collections for Texas on
Q: Can I take action against Texas Rent Relief for abuse?

My application (which I submitted in March) was neglected, handled improperly, and went against protocol for the review process. It is still in review today. As a result I was forced to either face eviction or not renew my lease at my appartment. When I contacted the program, they specifically... Read more »

2 Answers | Asked in Bankruptcy and Legal Malpractice for Maryland on
Q: Currently in an active chapter 13 and I'm pretty sure my attorney royally screwed up. I need to know if I have a case.

If so - I want all my debt cleared and mine and my spouses credit score back to the 700's. If you are willing to look at my case - please let me know. I really could use some help

Anna L Self
Anna L Self answered on Sep 15, 2021

No one an give you an opinion on this board without reviewing your case. And even if your attorney "screwed up royally" there is not way to get your credit score to the 700s.

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2 Answers | Asked in Bankruptcy for Delaware on
Q: Does my state's "Doctrine of Necessaries" mean I, unemployed, can't expect a ch7 discharge if my spouse makes an income?

I'm very confused by Delaware state code's "duty to support" clause and how it applies to my bankruptcy case. The clause says each spouse has the duty to support the other, so my wife is technically responsible for my ER bills? But the subsequent clause states that this duty... Read more »

Timothy Denison
Timothy Denison answered on Sep 14, 2021

No. You should not assume it will be denied. The law you refer to is a state law. Bankruptcy is governed exclusively by federal law. Consult and experience bankruptcy practitioner to help you navigate a chapter 7 filing.

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1 Answer | Asked in Appeals / Appellate Law, Bankruptcy and Constitutional Law for Missouri on
Q: Format for notifying US AG, US Senate, House Committees on Bankruptcy of challenge to constitutionality of Code ?

Can an Article I judge deprive the US Court of Appeals of subject matter jurisdiction ?

Timothy Denison
Timothy Denison answered on Sep 14, 2021

No.

2 Answers | Asked in Bankruptcy and Real Estate Law for Massachusetts on
Q: i am a co owner of a property with a mortgage. if i apply for bankruptcy, am i still liable for the mortgage payment?

i am now disabled and cannot work. my income now after bankruptcy is 848. a month.

Robert Simonian
Robert Simonian answered on Sep 9, 2021

If you file for chapter 7 bankruptcy you will not be liable for the mortgage payment. However, if the mortgage is not paid the mortgage company will foreclose on the property. If you are asking if you can live in the property and not pay the mortgage the answer is no. If you do not live in the... Read more »

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1 Answer | Asked in Bankruptcy, Contracts and Copyright for Ohio on
Q: Is it legal to sell someone's else stuff without their knowledge or consent?

Until my lease for my new apartment began, I stayed at my friend's place for a month. Recently when moving in, I forgot some items at the friend's place. The next day after move-in, I asked the friend if I can go to their place and collect my remaining items. They said they were out of... Read more »

Timothy Denison
Timothy Denison answered on Sep 8, 2021

Take a criminal complaint against the boyfriend for theft and conversion.

6 Answers | Asked in Bankruptcy for California on
Q: I got served for BofA credit card $24980 debt. I call lawyer who sue me and willing to settle for $14k. Take the deal?
Yelena Gurevich
Yelena Gurevich answered on Sep 8, 2021

only you can answer that question. a lawyer cannot tell you whether or not to take the deal, especially a lawyer you have not hired and doesn't know the facts. so you have to make a decision of what to do. depending on your financial situation, you may qualify for a bankruptcy and wipe out... Read more »

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2 Answers | Asked in Bankruptcy for Ohio on
Q: If I’m in a chapter 13, and I want to move in with my girlfriend, how will this affect the chapter 13 payment?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 8, 2021

If your plan has been confirmed, there should be no effect on your move.

There are, however, some districts in which yearly financial reports are required. If you're in one of those districts, the Ch. 13 trustee may push you to increase plan payments if your monthly living expenses...
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3 Answers | Asked in Bankruptcy for Illinois on
Q: Can my Sister buy a condo and rent it out to me if I am in a Chapter 13 bankruptcy?

Basically, I am going through a divorce and need to move out. Since buying a condo would be cheaper than renting an apartment, my sister has offered to buy a condo and rent it out to me. Would this be allowed if I am currently in a Chapter 13 bankruptcy (without my spouse) or would they look at the... Read more »

Timothy Denison
Timothy Denison answered on Sep 6, 2021

Your sister can buy anything she wants and rent it to whomever she want.

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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: How much will it cost me to file for bankruptcy

$922/mo, $277/rent, $190/utilities. Extenuating circumstances.

Timothy Denison
Timothy Denison answered on Sep 5, 2021

Roughly, $1500-2500

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3 Answers | Asked in Bankruptcy for Arizona on
Q: Can a Trustee re-open a Chapter 7 closed case?

I received a discharge date on 5/8/19 on a Chapter 7 no asset. Pro se. The trustee submitted the final accounting report and Judge signed on 12/17/20. I was notified a settlement check went to the trustee. Does that mean they are going to re-open my case again? Can I hire an attorney to get my... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 1, 2021

I'd be shocked if the Ch. 7 Trustee did not return that check to whoever sent it, or relayed it on to you.

Several years ago, a Ch. 7 debtor I represented sold a car for $9,000 and had a check to himself in return. I advised him to have the buyer write a second check, to the Ch. 7...
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1 Answer | Asked in Employment Law, Bankruptcy, Tax Law and Arbitration / Mediation Law for Ohio on
Q: Can an employer be pursued for monies incorrectly withheld and paid to a municipality due to an acknowledged error?

Hired in 2005, I moved to a virtual role during 2012. Following a bankruptcy discharge in 2018 I was notified of a municipal income tax deficiency owed to my residence city. Upon receipt of the notification I worked with the tax authority to attempt to reconcile. This included providing copies of... Read more »

Timothy Denison
Timothy Denison answered on Sep 1, 2021

Yes.

1 Answer | Asked in Bankruptcy and Consumer Law for Florida on
Q: What steps do I take if a debt collector sues me for 2year old debt
Timothy Denison
Timothy Denison answered on Sep 14, 2021

Pay it or hire an attorney and defend it.

2 Answers | Asked in Bankruptcy for Indiana on
Q: Can civil resititution be added into a bankruptcy
Timothy Denison
Timothy Denison answered on Aug 31, 2021

Depends on the nature of the restitution.

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2 Answers | Asked in Bankruptcy for California on
Q: Just received a letter in the mail “notice to professionals to file applications for compensation” What does this mean?

My chapter 7 bankruptcy was granted discharge in may. I have a property that is under exemption/protected. I also had to turnover my 2020 tax refund. What does this letter mean?

Harlene Miller
Harlene Miller answered on Aug 31, 2021

Apparently, assets were collected by your Chapter 7 Trustee, or property was sold in your case, Were you aware of this during the case? Usually when this occurs, professionals are hired to represent the Chapter 7 Trustee (such as a CPA, an attorney) who are entitled to receive payment of their... Read more »

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