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Bankruptcy Questions & Answers
0 Answers | Asked in Bankruptcy for Missouri on
Q: I got a garnishment because of credit card debt from a card that defaulted 7 years.

I wasn't notified of judgement or a court date. Is there anything that can be done?

1 Answer | Asked in Bankruptcy for North Carolina on
Q: The company I work for is in receivership and clients have cancelled orders because of it. Can I get lost commissions?

The company I work at has been struggling financially for the past few years and went into receivership a few weeks ago. It is likely to be sold as 2-3 smaller companies.

Because of these issues, clients have canceled more than $1.25M in orders, causing me to loose $80,000 in commissions... View More

James L. Arrasmith
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answered on Apr 20, 2024

You can indeed file a claim for the lost commissions as a creditor in the receivership process. When a company goes into receivership, the receiver's role is to manage the company's assets and debts, which includes assessing claims from creditors, including employees who have lost income... View More

2 Answers | Asked in Bankruptcy and Contracts for Georgia on
Q: Ex-husband filed chapter 7 in 2019, but I just found he added me as a creditor and said he didn't know where I lived.

I found out after looking up some court information that he put down he did not know where I live, but he lived with me prior and had to pay child support at time. Can I be removed off the creditor list? I have agreement he has yet to pay me for that was signed before he filed.

Timothy Denison
Timothy Denison
answered on Apr 20, 2024

It sounds like you are a creditor bc of the unpaid agreement but that should not affect you getting paid bc domestic and other support obligations are non-dischargeable. You might, however, want to report his fraud regarding where you lived to the US Trustee handling his case.

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2 Answers | Asked in Bankruptcy for Colorado on
Q: Divorced in March before filing. Signed quitclaim deed before final. Do I add that to Chap 7 if so ,where? filing pro se

I have filed Chap 7 bankruptcy through up solve pro se as I do not have the funds for an attorney. I filed for divorce in November and shortly after signed a quitclaim deed so he could get the house. Divorce was final March 5th and filed for Chapter 7 in April. I did not add the home to my... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 20, 2024

There will be questions about that on the Statement of Financial Affairs, and more indirectly, on the Schedules.

It's bold to attempt to do a bankruptcy without counsel, whatever your reason. We recommend that you inquire at your County Bar Association, or the office of the US...
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1 Answer | Asked in Bankruptcy for Georgia on
Q: Ex-husband listed me as a creditor, but lied and said he didn't know where I lived on his chapter 7?

He filed in 2019, but I just found out this year after pull some paperwork for cour. He put down he didn't know where I lived at. He did know because we have children and he lived with me the year prior to him filing. The chapter was discharged.

James L. Arrasmith
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answered on Apr 20, 2024

It's important to address this situation by understanding the potential implications of your ex-husband's actions. Since he declared bankruptcy and listed you as a creditor, stating he didn't know your address could affect various legal aspects, especially if there were debts owed to... View More

3 Answers | Asked in Bankruptcy for Kentucky on
Q: I filed bankruptcy 2 days ago and want to stop the process. Can this be done. I live in Kentucky.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 19, 2024

A caution- the Bankruptcy Code provides that conversion/dismissal of a case is addressed to the discretion of the Bankruptcy Judge, who will decide which path is in the "best interest of creditors".

Your post fails to indicate which Chapter of bankruptcy has been chosen (that can...
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4 Answers | Asked in Bankruptcy for New York on
Q: Do you have to report social security benefits in Chapter 7 filing?

My mother is a senior with credit card debt and is essentially judgment proof because she only receives pension and social security, no other income or assets. Do social security benefits get reported in Chapter 7 filing papers in NY?

Howard E. Knispel
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Howard E. Knispel
answered on Apr 16, 2024

You do report Social security on schedule I and the means test but it does not count toward the means test result. Pension income gets reported on both and does count. Speak to an attorney to decide whether filing is beneficial.

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2 Answers | Asked in Bankruptcy for Texas on
Q: Is there a template for an order accompaning a motion for extension of time in a chapter 13 case in Texas
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 15, 2024

Without first checking myself, my best guess is probably not, but to be sure, go online to the website of the federal district where you're located, and it should list "Forms". Under that heading, go to "local forms", and check out what's shown there.... View More

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3 Answers | Asked in Personal Injury, Civil Litigation and Bankruptcy for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2024

I'm sorry for your ordeal. It's difficult to say with certainty whether the consequences you suffered from the payroll deduction would present the basis for a strong case. Although it's clear that you suffered here, and such damages are always part of the recovery inventory in a... View More

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2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?

Carl Nelson
Carl Nelson
answered on Apr 15, 2024

The statute of limitations runs from when a cause of action accrues to when a complaint upon that cause of action may be commenced. If they have a judgment, your right to raise that as a defense now is likely waived.

You may want to speak to an attorney about the implications of the...
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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: Can Chapter 13 total debt due increase by over 200%?

Original plan in May 0f 2023 was to pay $71,000 total. Six months later the court increased it to $188,000. I did not incur any new debt during that time to warrant such an increase.

My original plan was for 24 monthly payments of $500, since that's all I can afford. The payments... View More

Keith Edmiston
Keith Edmiston
answered on Apr 12, 2024

It is likely that the amounts claimed by creditors in your case exceeded (substantially) what you estimated in your bankruptcy petition and accompanying schedules or that creditors who were not listed filed claims. With interest or penalties, claims can end up larger than you thought. Certain... View More

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2 Answers | Asked in Bankruptcy on
Q: I am trying to find documents on the Chapter 13 in my name from 2017
James L. Arrasmith
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answered on Apr 11, 2024

Here are a few ways you can try to locate documents related to your 2017 Chapter 13 bankruptcy case:

1. Contact the bankruptcy court where you filed. The court should be able to provide you with copies of key documents from your case, such as the petition, schedules, plan, and discharge...
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1 Answer | Asked in Bankruptcy for Florida on
Q: What is required to file chapter7 , I am really in a bind with a lot of credit card debt . I am on SSI and way behind.
James L. Arrasmith
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answered on Apr 11, 2024

Here are the key requirements and steps for filing Chapter 7 bankruptcy when you are on SSI and have substantial credit card debt:

1. Eligibility: Your income must be below the state median or you must pass a means test showing you don't have enough disposable income to repay debts....
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1 Answer | Asked in Bankruptcy and Business Law for Kansas on
Q: Is it okay for me to treat as a Sole/IC after I closed my business and filing bankruptcy from business?

I closed my chiropractic business (LLC filing as S-Corp) and I was the owner and chiropractor (w-2 employee) due to financial issues, I still owed 8 months in a lease and many other bills causing me to seek out filing bankruptcy, which I have an attorney but is out this week and some things just... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you provided, it seems like you are in a difficult financial situation and are trying to find a way to continue practicing as a chiropractor to support yourself. However, there are several legal and ethical considerations to keep in mind:

1. Bankruptcy proceedings:...
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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Hi. Im halfway through filing for a chapter 7,can I use sezzle?I have an approval of $800 to use but dont want issues.TY

Edit: I did not apply for new credit. It’s available for me to use since I kept great payment history with them. I have an available 900$ to use. Not applying for new credit. I’ve hired my attorney but asked as he’s gone until next week. I am represented. Thanks!

I filed for... View More

James L. Arrasmith
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answered on Apr 11, 2024

In your situation, it's best to consult with your bankruptcy attorney before making any financial moves, including using Sezzle or other "buy now, pay later" services. While Sezzle may not report to credit agencies, using credit or taking on new debt during the bankruptcy process can... View More

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1 Answer | Asked in Bankruptcy for Florida on
Q: I had two accounts with a debt collection agency for $985 ea. I was lied to and my money was taken

When I spoke to the gentleman he said that both accounts would be settled for $500 for both accounts. I then asked again is this for both accounts he stated yes you'll receive two letters stating that both accounts have been paid off and they will be removed from your credit. I waited 3 weeks... View More

James L. Arrasmith
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answered on Apr 11, 2024

I'm sorry to hear about your experience with the debt collection agency. It sounds like a very frustrating and stressful situation, especially as a single parent trying to resolve debts and improve your credit.

Based on what you've described, it seems the debt collector may have...
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1 Answer | Asked in Bankruptcy for Louisiana on
Q: Spouse is currently in Chapter 13. Owns home with JUST their name. We are separating and want to sell the home.

Can this be done without the total selling price being taken by court? We are in the state of Louisiana.

James L. Arrasmith
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answered on Apr 4, 2024

In a Chapter 13 bankruptcy, the debtor's assets, including their home, are protected by the automatic stay, which prevents creditors from collecting debts or foreclosing on the property. However, selling a home while in Chapter 13 bankruptcy can be complex and requires court approval. Here are... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: I filed for bankruptcy, Chapter 7. I thought I was on my house title a few days before my court date so I freaked out.

I called my trustee and he put a notice to dismiss case with a new court date. I now just found out I AM NOT on the title to house and want a discharge instead of a dismissal. What do I need to do? My trustee is not willing to help me.

James L. Arrasmith
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answered on Apr 4, 2024

In this situation, you should take the following steps to try to resolve the issue and obtain a discharge:

1. Contact your bankruptcy attorney: If you have an attorney representing you in your Chapter 7 case, inform them about the situation and your desire to proceed with the discharge...
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2 Answers | Asked in Bankruptcy for Ohio on
Q: Defaulted on a personal loan. Loan is unsecured, no collateral. It’s through Achieve Personal Loans. What should I do?
James L. Arrasmith
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answered on Apr 4, 2024

Here are some steps to consider if you've defaulted on an unsecured personal loan:

1. Contact the lender: Reach out to Achieve Personal Loans as soon as possible to discuss your situation. They may be willing to work out a modified payment plan or temporary deferment. Being proactive...
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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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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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