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Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for California on
Q: I have a bankruptcy 410 chapter 11 what do I do with it?

There was a racket probe of 478 million dollars.

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 27, 2022

I believe you're referring to a proof of claim form received with respect to a chapter 11 bankruptcy case. If you have a claim against the Debtor, then you may fill out the claim, and attach supporting documentation. You may be able to fill out the claim online (depending on the court and... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: Can you use AfterPay while in a chapter 13 bankruptcy? I’m in Chilton county, AL. Thanks!
James Edward Loris Jr
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James Edward Loris Jr
answered on Sep 26, 2022

I’m not sure what AfterPay is, but anytime you need to incur debt while you’re in an active Chapter 13 case, such as for a replacement vehicle or an emergency for an air conditioner, you’ll need to contact your Attorney and have him file a Motion to Incur Debt, which need to be approved by... Read more »

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1 Answer | Asked in Bankruptcy for Illinois on
Q: Bankruptcy question regarding spouse

Will my wife find out or be alerted if I file for bankruptcy? The only thing we have together is a joint bank account with a few hundred dollars in there. The house, and one of the cars is in her name solely, and has been since the beginning. Also, I have a few years left on my car loan, if I were... Read more »

Timothy Denison
Timothy Denison
answered on Sep 26, 2022

Yes. She is a co debtor and must be notified.

1 Answer | Asked in Bankruptcy, Copyright, Criminal Law and Banking on
Q: so i was a victim of credit & debit card fraud, it left my accounts in overdraft, what should i do

it happened a year ago, i only recently became an adult and was super overwhelmed, had no idea what to do. i suffer with anxiety so dealing with this situation on my own was very mentally challenging for me and i tried to avoid it. i know that it won’t go away and i need to contact the bank about... Read more »

Timothy Denison
Timothy Denison
answered on Sep 28, 2022

You probably should hire a lawyer to evaluate your entire financial situation snd see what your best move is from here.

0 Answers | Asked in Tax Law and Bankruptcy for Nevada on
Q: I owe property taxes on my home and they are threatening to take my home.

My husband recently passed away making things difficult. Then I sold a vehicle to pay the taxes. That money was stolen but recovered by law enforcement and is currently being held as evidence and they won't release it until after the trial. What can I do?

1 Answer | Asked in Bankruptcy for Alabama on
Q: Can I use AfterPay while in a Chapter 13 bankruptcy? I’m two years into my plan, and live in Alabama. Thanks!
Timothy Denison
Timothy Denison
answered on Sep 28, 2022

You’ll need to file a motion with the court and get permission first.

2 Answers | Asked in Bankruptcy, Real Estate Law, Arbitration / Mediation Law and Collections for Georgia on
Q: My condo association and I are at odds over assessments, fees, and interest. For water and association expenses,

I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.

I discovered after looking at the charges... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 23, 2022

Per Bankruptcy Code 523(a)(16), these debts are probably not dischargeable in bankruptcy, so you would continue to owe them. Whether they represent an accurate balance of what you owe is a different issue.

I suggest clearly breaking down all charges and payments made (like a statement),...
Read more »

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1 Answer | Asked in Estate Planning, Bankruptcy, Civil Litigation and Collections for Oklahoma on
Q: VA disability pay is protected from garnishment. Would stock purchased with VA disability pay also be protected?
Timothy Denison
Timothy Denison
answered on Sep 23, 2022

Possibly, but the burden to trace it and show it was purchased from VA funds is on you.

1 Answer | Asked in Bankruptcy, Criminal Law and Civil Litigation for Nevada on
Q: Can I sue my girlfriend? My girlfriend went to on mormon mission on 2016 and asked me if I could helped her.

So I obliged to her request. However, it's not a mission, she moved in with her bf. I was paying for food and rent, knowing shes doing good in church. Moved forward, I was still supported up until September 1, 2022, cuz I found out that shes been cheating on me all this time. Also, I found out... Read more »

Timothy Denison
Timothy Denison
answered on Sep 28, 2022

You can probably sue her in small claims but I doubt many lawyers will be interested due to the amount in controversy. Most likely more trouble than it’s worth.

2 Answers | Asked in Bankruptcy, Banking and Collections for West Virginia on
Q: What do I do if the lawyer office garnishing my bank won’t respond?

So basically I owe a psych ward a ton of money. I was sued for it. And now they are garnishing my entire bank account. I have been trying to get ahold of the lawyer company to hopefully negotiate to stop the garnishment but they won’t return my calls and their automated emails just tell me to... Read more »

Timothy Denison
Timothy Denison
answered on Sep 20, 2022

Get all of your money out of the bank and keep it out until you hire a lawyer and get this problem settled.

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2 Answers | Asked in Bankruptcy and Consumer Law for Pennsylvania on
Q: I own an llc that is in terrible debt. Can I sign it over debt and all and walk away??

Just curious if I sign the LLC over will that transfer the debt to that person as well or will I still be responsible. The LLC is almost 3 years old and has not shown a profit. I want to claim bankruptcy but someone else wants to take on the ownership and debt but not pay me anything... I would... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 20, 2022

As a general rule, the debt belongs to the entity, not you, so you (personally) would not be liable for the debt. In this case, you could just walk away. HOWEVER, there may be other issues that might prevent you from doing this. If you signed a personal guarantee, then you would be still liable for... Read more »

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2 Answers | Asked in Bankruptcy and Family Law for North Carolina on
Q: If I am ordered responsible for 50% of marital debt during a divorce, can I file bankruptcy if debt not in my name?

All debt in my wife’s name and we are divorcing. If I am responsible for 50% of marital debt and she is filing bankruptcy, how do I file for my half of the debt if it’s not in my name?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 19, 2022

I had this issue in a case in Oklahoma, involving a Colorado bankruptcy, and a Florida divorce.

Your divorce decree/property settlement agreement most probably allocates responsibility for the marital debts, and that is what includes you as a responsible party to the debt. But your...
Read more »

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1 Answer | Asked in Bankruptcy for Texas on
Q: How long after buying a house can I file bankruptcy? I wouldn't be behind on mortgage just want to dissolve other debts.

I have really great credit but my husband and I are digging ourselves into a hole with a large loan we have. We might be taking on having to add another family member to raise due to an emergency family situation, so financial restructuring is going to be in order. We would not file for bankruptcy... Read more »

Timothy Denison
Timothy Denison
answered on Sep 28, 2022

You can file anytime but it could be considered fraudulent if you file too soon. You really should have a competent bankruptcy lawyer evaluate your entire financial situation.

1 Answer | Asked in Bankruptcy for Ohio on
Q: I've already retained a lawyer for filing bankruptcy but they won't do anything until they are completely paid in full.

I just received a summons by mail for a credit card I may owe. How should I handle the summons? Ohio

Timothy Denison
Timothy Denison
answered on Sep 17, 2022

Give it to your bankruptcy lawyer.

2 Answers | Asked in Bankruptcy and Collections for Maryland on
Q: I have a wage garnishment for a credit card. The company hasn’t sent me any statements. Can I take them back to court?

I haven’t received any statement showing where the garnishment is going.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 15, 2022

Statements stopped when the account charged off. The garnishments are applied to the judgment; the law firm handling the garnishment keeps the balance and will give you a balance on occasion. They will not send you a monthly statement.

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2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: I executed a new deed adding my wife in NC last year creating TBE. She is now being sued by Discover. Is the house safe?

The debt is only in her name.

Also,, She gets a paper check and has no bank account. I cash the check for her through my bank. We have very little equity in a jointly owned car. My major concern is the house but I think she is practically, "judgement proof."am I wrong? Thanks

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 15, 2022

North Carolina has long recognized the common law creation and enforcement of the tenancy by entirety concept. Here's a good UNC law review article tracing its history.... Read more »

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My new husband has been in a chapter 13 bankruptcy for 4 years with 1 year left. We just got married. His attorney

wants copies of my pay stubs. I said “no” I have nothing to do with this. This was before we were married. Can the court subpoena my pay stubs? I have no official court order demanding that I provide my pay stubs. Can I refuse since I have nothing to do with his bankruptcy?

Stuart Nachbar
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Stuart Nachbar
answered on Sep 15, 2022

The Bankruptcy Trustee can subpoena them. This is a situation called "change in circumstances" and allows the Trustee to request and augment the Plan in light of same. I would comply with your Husband's Counsel and discuss same with him/her

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2 Answers | Asked in Bankruptcy for Illinois on
Q: My wife and I filed Chapter 7 Bankruptcy in August 2019. Can just one spouse file again?

I'm so depressed. My wife and I filed Chapter 7 Bankruptcy in August 2019 because I had to retire at 62 because of a bad back and social security wasn't going to pay my debts. Now I'm 65 and my wife is 73. I personally have credit cards and 2 personal loans. All unsecured. And... Read more »

Timothy Denison
Timothy Denison
answered on Sep 14, 2022

You can file a chapter 13 plan next year (4 years from date of last filing). Unfortunately, neither of you can file chapter 7 again until 2027 (eight years from date of last filing).

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2 Answers | Asked in Bankruptcy for Illinois on
Q: My wife and I filed Chapter 7 Bankruptcy in August 2019. Can just one spouse file again?

I'm so depressed. My wife and I filed Chapter 7 Bankruptcy in August 2019 because I had to retire at 62 because of a bad back and social security wasn't going to pay my debts. Now I'm 65 and my wife is 73. I personally have credit cards and 2 personal loans. All unsecured. And... Read more »

Joseph Wrobel
Joseph Wrobel
answered on Sep 14, 2022

Chapter 7 is not available to you until August of 2027 since Chapter 7 can only be filed every eight years.

Chapter 13, a consolidation of your debts, may be possible depending upon your budget.

The best thing you can do is contact an experience Bankruptcy attorney in the county in...
Read more »

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0 Answers | Asked in Bankruptcy, Consumer Law, Copyright and Criminal Law for California on
Q: Iam looking at a 3 day notice please advice asap

I am going threw a COVID 19 financial distress and need help addressing nonpayment rent issues

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