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2 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 2, 2024

The answer depends upon the viability, and provability, of your claim.

An insurance company, the business of which is money, always has the option of paying in the full amount of its policy and going home. Or, if it believes that it's more promising to defend against your claim, it...
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2 Answers | Asked in Bankruptcy for Texas on
Q: Should I go ahead and file a proof of claim or should I wait to see what the trustee is going to do?

The chapter 13 trustee is aware that I was intentionally left off the creditor’s list and appears to be planning to take action since he has hired a trial attorney for the case. Should I go ahead and file my proof of claim (potentially tipping off the debtor) or should I wait to see what action... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 1, 2024

Without question, honesty is the best policy in any Court, and the Bankruptcy Court in particular.

The benefit, if any, to an omitted (from the Debtor's filings) creditor is that its debt/claim is not going to be discharged, UNLESS that creditor knew or should have known of the...
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0 Answers | Asked in Bankruptcy, Employment Law, Collections and Small Claims for Florida on
Q: My wages were garnished but I don't make enough money to be garnished, what do I do?

I have multiple judgements against me from different debts but same law firm. I don't make enough money for my wages to be garnished and haven't in years. The law firm reached out to my employer and threatened that if they don't garnish my wages then they'll attempt to garnish... View More

1 Answer | Asked in Bankruptcy for Ohio on
Q: How do I file a legal malpractice for my bankruptcy attorney ?

My attorney has failed to file documents, doesn’t respond to emails, cancels appointments, won’t call during scheduled meetings. I’m in jeopardy of losing home and case being dismissed.

Martha Warriner Jarrett
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answered on Feb 28, 2024

Consult a local attorney who specialized in legal malpractice.

1 Answer | Asked in Bankruptcy and Real Estate Law for California on
Q: Do I need an attorney for a california real estate LLC bankruptcy?

My real estate LLC has been destroyed by years of family court divorce proceeding which have left the company unable to maneuver its holdings, operate, or pay it's high interest rate short term notes that are now all in default. Is an attorney reuired for an LLC bankruptcy and can I get rid of... View More

James L. Arrasmith
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answered on Feb 28, 2024

Navigating bankruptcy for a California real estate LLC can be complex and challenging, particularly when the company is entangled in difficulties such as those you've described. While you aren't legally required to have an attorney to file for bankruptcy, the intricacies of bankruptcy law... View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: My wife has file bankruptcy. She paid an attorney up front. After 4 months, they've done nothing. What should she do?

This seems a long time for no action. They just keep saying they are busy.

Martha Warriner Jarrett
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answered on Feb 27, 2024

Has she given them all the paperwork that they asked for? If not, she needs to provide them with everything. Next, she should ask how long it will take until it is ready to file. If you think it's taking too long, she can ask for her money back and hire another attorney. However, she should... View More

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: what is a wildcard exes in chapter 13 in Pa
James L. Arrasmith
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answered on Feb 25, 2024

In the context of a Chapter 13 bankruptcy in Pennsylvania, a "wildcard exemption" refers to a provision under bankruptcy law that allows you to protect a certain amount of any property you own, as opposed to specific categories of property like a home or vehicle. This exemption is... View More

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1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for California on
Q: Is an attorney required in California for an llc bankruptcy to be completed

I have a California real estate llc with many debts and it’s not currently operational due to 3 years of ongoing divorce proceeding in San Diego, CA. Do I need an attorney for any type of llc bankruptcy and how much would it cost?

James L. Arrasmith
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answered on Feb 24, 2024

In California, while it's technically possible to file for bankruptcy on your own behalf, including for an LLC, navigating the complexities of bankruptcy law and proceedings usually requires professional legal assistance. This is especially true for businesses such as an LLC, where the... View More

2 Answers | Asked in Bankruptcy for Mississippi on
Q: If the deadline to file a government claim is 01/23/24 can the us department of education file a claim a month after

the deadline has passed in a chapter 13 bankruptcy

James L. Arrasmith
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answered on Feb 24, 2024

No, if the deadline for a government agency like the Department of Education to file a claim in a Chapter 13 bankruptcy case was January 23, 2024, then generally the Department would be out of luck if they failed to meet that deadline and tried to file a month later.

In bankruptcy,...
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3 Answers | Asked in Bankruptcy for Arkansas on
Q: I’m in a chapter 13 bankruptcy and the deadline for the creditors to file a proof of claim was 10/5/2023 and gov claim

Was 01/23/2024 so today which is 02/23/24 the department of education file a claim a month after the deadline what will happen about this

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 23, 2024

From the facts you provide, it appears that as the Ch. 13 debtor in possession, you/your lawyer can file an Objection to the Proof of Claim. So can the Ch. 13 Trustee, or, alternatively, the 13 Trustee can file a Motion for Authority from the Court to pay Claims, showing the DoE claim as getting... View More

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1 Answer | Asked in Bankruptcy for Arkansas on
Q: Can a creditor filed a late claim after the deadline us dept of education just filed a claim on 02/23/2024 and the dead

Line for filing a claim in my chapter 13 bankruptcy was 10/05/2023 for non gov and 01/23/2024 for government claims

James L. Arrasmith
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answered on Feb 24, 2024

Based on the details provided, it seems the US Department of Education filed their claim after the deadline for governmental entities to file claims in your Chapter 13 bankruptcy case. Specifically:

- The deadline for non-governmental entities to file claims was 10/05/2023.

- The...
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2 Answers | Asked in Bankruptcy for Kentucky on
Q: Can I see if a debtor included me in his bankruptcy

Case 3-20-BK 30379

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you can check if a debtor has included you as a creditor in their bankruptcy case. Here are the main ways to see if you've been listed in someone's bankruptcy filing:

1. Review the Debtor's Bankruptcy Schedules and Statements:

- The debtor has to file schedules...
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3 Answers | Asked in Bankruptcy for Washington on
Q: How does a 100% plan work in a chapter 13 bankruptcy?

As a creditor, I was planning to file an objection to discharge in hopes of getting my money back. Now I’ve learned that the debtor is on a 100% plan. Does that mean my money will all be repaid and that I don’t need to worry about my claim being discharged?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 21, 2024

A Plan that pays off all creditors in full is a one hundred percent Plan.

The advantage to the debtor is that no interest or other charges on any unsecured claims, e.g., credit cards, accrues, and the Plan may be as long as five years.

The disadvantage to the debtor is that for that...
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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Personal Injury for Virginia on
Q: Private mail about me was sent to my dad's house (same name) instead of mine, they had my correct address. Can I sue?

It was about a debt that has apparently been turned over to a debt collector. The loan company had my address, and I have never given them my parents address.

I have no idea why it was addressed and sent to him, other than he and I have in the same name. Since it was his name on it, He... View More

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you may have grounds to sue the debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Some key points:

- Debt collectors are prohibited from communicating information about a consumer's debt to third parties without the consumer's consent. This includes...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: As a renter filing Chapter 7, can I claim the unused portion of the homestead exemption of $13,950 and apply to autos?

This question applies, of course, to the Federal Exemption Schedule amounts.

James L. Arrasmith
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answered on Feb 24, 2024

No, as a renter filing for Chapter 7 bankruptcy you cannot claim any portion of the homestead exemption or apply it towards other assets like autos.

The homestead exemption under federal bankruptcy exemptions (11 U.S.C. § 522) is intended only for equity in an individual’s primary...
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2 Answers | Asked in Bankruptcy for California on
Q: I am currently in Chapter 13, which was filed 9 months ago. In the past 60 days, I defaulted on my cell phone bill.

I cannot afford to pay my past due balance of $1200 and the carrier has now sent me an email stating that if I don't pay the past due bill that they will refer me over to a debt collector. What are my options here? What will happen with my bankruptcy if this creditor sends me to collections?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 20, 2024

Your confirmed Plan is your first stop- does it read that you will pay, directly, specific debts? If so, and your cell bill is among those, then you have violated your confirmed Plan, and the bankruptcy Trustee my file to convert or dismiss your case. (You don't say whether you are current... View More

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2 Answers | Asked in Bankruptcy for Colorado on
Q: Can a debt collector garnish my wages for a auto loan from 17 years ago and I e already paid $20,000 in garnishments

Car was repoed in 2006 and in 2013 they started garnishment on me for 5 years l, garnished $20,000 from my checks, I switched jobs and now they are back to garnishing me never got served any papers don't even know the total balance but the loan was for $15,000 this was 17 years ago.....

James L. Arrasmith
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answered on Feb 24, 2024

No, it would be illegal for a debt collector to garnish your wages for the same auto loan debt after 17 years, especially if you have already paid $20,000. There are a few key protections here:

1. Statute of limitations - They can only sue or collect for a limited number of years, which has...
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2 Answers | Asked in Bankruptcy for California on
Q: How often can an LLC file for Chapter 11 Bankruptcy?

I am a creditor in an Chapter 11 LLC Bankruptcy. The BK was discharged about one year ago. It appears as though the LLC will not be able to meet its obligations under the plan. The manager of the LLC is threatening another bankruptcy. is this allowed?

Leon Bayer
Leon Bayer
answered on Feb 19, 2024

It is not very common, but it does happen. Obviously, a repeat filing will be a harder row for them to hoe than the first case.

I suggest you get legal representation now, before they pull the trigger. With good representation maybe you can get them to provide you with concessions to make...
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3 Answers | Asked in Bankruptcy and Real Estate Law for Florida on
Q: In a partition act, what if one owner files for bankruptcy before the partition act was filed?

The owners are family members. Will the non-bankruptcy owner still have a case with the partition? If the partition is delayed due to the bankruptcy, how long and what circumstance would allow the partition to take place?

James L. Arrasmith
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answered on Feb 24, 2024

If one co-owner of the property files for bankruptcy before the other owner files a partition action, it can complicate the partition case but does not necessarily prevent it from proceeding later. Much depends on the type of bankruptcy filing as well as approval from the bankruptcy court.... View More

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