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Delaware Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy, Consumer Law, Small Claims and Collections for Delaware on
Q: Drowning in debt and having issues with my HOA. I need help to fins my way out. Any solutions beside a BK?

HOA filed against me, I satisfied & they added more fees after, filed another case in a different court & I misunderstood what I needed to do. So second judgement granted. Income over the past 2yrs 1/4 of what it should be and I am drowning. I would prefer to avoid BK.

Martha Warriner Jarrett
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answered on Oct 10, 2024

Without knowing where you live. it's not possible to answer your question. Your best option is to talk to a local bankruptcy attorney who can advise you of your options. Most offer free consultation. You can consult the directory on this website, or your local bar association to find an... View More

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1 Answer | Asked in Bankruptcy, Small Claims and Stockbroker Fraud for Delaware on
Q: Dear sir/madam can i as a crypto loss investor file form 410 general proof of claim in chapter 11 bankruptcy?

I suffered losses due to fraud/misleading related to Terraform labs (UST terra Stable coin)

In the case action there are 2 forms :

1. General proof of claim

2. crypto loss proof of claim

creditor classes: crypto loss claims (class 5) & general unsecured claims (class4). Thank You

James L. Arrasmith
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answered on Jul 27, 2024

You can file a general proof of claim form in a Chapter 11 bankruptcy case if you have suffered losses due to fraud or misleading actions related to Terraform Labs and the UST Terra stable coin. This form allows you to state the amount of your claim and the nature of your loss. Filing this form is... View More

1 Answer | Asked in Bankruptcy and Criminal Law for Delaware on
Q: If sentntcd to 25 yrs susp aftr 3 yrs DOC discretion do you get goodtime? SENTNC ORDER does not say mandatory .

The plea form did say mandatory but the sentening order does not. The prison is now saying no good time. Is this true?

James L. Arrasmith
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answered on Jun 6, 2024

If your sentencing order does not specify that your sentence is mandatory, you may be eligible for good time credits. Typically, good time credits reduce the amount of time you have to serve, provided you comply with the facility's rules and regulations. The fact that the plea form mentioned a... View More

1 Answer | Asked in Bankruptcy for Delaware on
Q: Repocession help

I have a loan in Pa, but moved to De, which repo laws are inforced

Timothy Denison
Timothy Denison
answered on Aug 4, 2022

What is your question?

2 Answers | Asked in Bankruptcy for Delaware on
Q: Can you file for bankruptcy if none of your bills f your bills are in collections
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 6, 2022

Yes.

There are two basic tests for whether one is bankruptcy-

1. Inability to pay debts as they become due, and

2. If the total amount of your debts exceeds the total value of your assets.

Eligibility for specific chapters of bankruptcy are set forth in Section 109 of the Bankruptcy Code.

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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... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 14, 2021

Section 109 of the Bankruptcy Code determines who is eligible for relief under each of the different bankruptcy "chapters", e.g., 7, 13, 11, etc.

Federal law, it is often said, is the "supreme law of the land", and that is certainly true where a determination of who may...
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1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Delaware on
Q: Can a website judge me or charge my card?

A website gives discount for each one who use an invite code. I opened more than one account to get this discount every time I purchased from them. I used different cards, name and shipping address on every time I purchased. Can they judge me or charge my card if they know that it's one who... View More

Timothy Denison
Timothy Denison
answered on Jul 14, 2021

Depends solely on your card member agreementvterms.

2 Answers | Asked in Bankruptcy for Delaware on
Q: Filed Chapter 7 bankruptcy. Owe $140 on a title loan. Want to pay this off, how can I do this. Manager would not let me.

Called to get payoff, was told account was flagged for BK and that manager has to call corporate to find out if she can take my money. I have the $140 and just want to pay it off.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 25, 2020

The "curtain" drops regarding debts and assets on the day a Ch.7 case is filed, for purposes of determining what assets are included in the bankruptcy "estate", as well as what debts will be subject to discharge.

Any duly perfected lien will not be discharged, or...
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1 Answer | Asked in Bankruptcy, Securities Law and Stockbroker Fraud for Delaware on
Q: I'm wondering how to get an injunction to stop a bankruptcy recently filed in Delaware by Vivus, Inc.

The creditor (IEH) with the collusion of management is grossly undervaluing assets (3 separate FDA approved drugs and one pipeline drug) more properly valued at $500M. Management was to have refinanced the $170M debt already but due to gross negligence or complicity with creditor failed to do so.... View More

David Luther Woodward
David Luther Woodward
answered on Jul 14, 2020

Firstly, a forum like this is an inadequate place to answer a complex question such as yours.

If you--and other stockholders--are aggrieved then you need to hire your own lawyer to appear on your behalf to address the issues. There is no way to enjoin the progress of a bankruptcy--only to...
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2 Answers | Asked in Bankruptcy for Delaware on
Q: How much does it cost for bankruptcy?
Stuart Nachbar
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Stuart Nachbar
answered on Oct 8, 2019

Depends on the attorney, the level of experience and complexity of your case, but figure anywhere from 2,000-4,000 + Filing fees and other costs.

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2 Answers | Asked in Bankruptcy for Delaware on
Q: I think I need to declare bankruptcy. I have eight pay day loans and the interest rate is killing me.

If I pay all the pay day loans there isn't enough money to pay the cell phone bill, the car insurance, the Verizon bill and the car loan. I am a teacher. The shame and the stress is killing me. Can you please give me some advice.

frock741@hotmail.com

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 4, 2019

You should definitely consult with a Chapter 7 Specialist in your area. You don't indicate what your salary is, or if you are a dual income household, or many other items that a good Bankruptcy Counsel will ask. Please seek someone in your state, and don't hesitate to ask for a... View More

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2 Answers | Asked in Bankruptcy for Delaware on
Q: Should I hire bankruptcy attorney in DE?

FTD sued me in Illinois over contract a dispute in March. I am in Cambridge, Mass. I hired an attorney in IL who specializes in contract law. In June while we were in litigation FTD declared bankruptcy in DE. Our case is placed on hold. My attorney in IL has been notified that we are one of the... View More

Stuart Nachbar
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Stuart Nachbar
answered on Jul 16, 2019

Even if it is to put a Proof of Claim, I would be retaining Counsel to handle same

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1 Answer | Asked in Bankruptcy for Delaware on
Q: where can I find archives of the Delaware code from 1985?
Timothy Denison
Timothy Denison
answered on Mar 10, 2019

Your local law library it possibly online.

1 Answer | Asked in Bankruptcy for Delaware on
Q: Can I ask the debtor questions at the bankruptcy trial?

I am a creditor in a bankruptcy case. I put a motion in to have the case dismissed on several grounds, bankruptcy fraud, repetitive filings etc. the Trustee also filed a motion to dismiss the case. We have an upcoming trial. Will I have the opportunity to ask the debtor questions on the stand?

Timothy Denison
Timothy Denison
answered on Feb 13, 2019

Yes, either at the 341 creditors meeting, the trial, or both.

1 Answer | Asked in Bankruptcy for Delaware on
Q: Ch 13 discharged 6/17. One of student loans was reopened 10/17. Getting calls from another closed one.Can they open now?

One bureau shows closed 0 balance. The other shows 23k. Closed and written off as bad debt. The Bank is calling but not stating why. I have recieved no written correspondence. Can they reopen it this late? Should I call them back?

Nels Hansen
Nels Hansen
answered on Jan 31, 2018

Congratulations on completing your chapter 13, very few people accomplish what you have achieved. In order to discharge the student loan, you will have to file an adversary in addition to a bankruptcy and prove the student loan is an undue hardship. This is easier said than done. When you file... View More

1 Answer | Asked in Bankruptcy for Delaware on
Q: Will my credit be affected if my ex-fiancee filed for Bankruptcy and put both our names are on the mortgage?

My ex and I purchased a home together and both names are on the mortgage and deed. We broke up and she continued to live in the house, while I paid the mortgage. She abandoned the property over a year ago and moved out of state and I continued to pay the mortgage.

Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

It will say that the account was in a Bky, but as long as you make the payments timely, it shouldn't matter.

1 Answer | Asked in Bankruptcy for Delaware on
Q: What is a bankruptcy withdrawl
Charles Snyderman
Charles Snyderman
answered on Jun 26, 2014

In most instances, it refers to a creditor who withdraws its claim against the debtor.

1 Answer | Asked in Bankruptcy for Delaware on
Q: Can I apply for bankruptcy
Andrew Bresalier
Andrew Bresalier
answered on Nov 8, 2011

Filing a Bankruptcy involves a weighing of several items, personal and legal. If you have no personal issues, then the major obstacle is the Means Test. This test is broken into several parts and looks at an average of what you have earned over the last six months, then compares it to others in... View More

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