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Idaho Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Divorce for Idaho on
Q: What are my options here? cosigned on ex's car. She just filed for Bankruptcy. What do I do?

I cosigned with my ex-wife on a vehicle she kept in the divorce. She never refinanced. She filed for bankruptcy last month. I can't afford to take on the loan. What do I do?

Timothy Denison
Timothy Denison
answered on Oct 15, 2024

If she was awarded the care in the divorce, she likely got the debt too. You may be able to get relief in your divorce action.

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1 Answer | Asked in Bankruptcy for Idaho on
Q: In bankruptcy a married couple only one in bankruptcy and the home is being sold can bankruptcy take the proceeds ?

The house is not in the bankruptcy. The one is not in bankruptcy pays for the house . The one is in bankruptcy is only on the title . But pays her monthly payments can they stop the sell of property ? Or take the proceeds ?

James L. Arrasmith
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answered on Mar 16, 2024

In bankruptcy cases where only one spouse has filed for bankruptcy, the impact on jointly owned assets, such as a home, can vary depending on several factors, including state law and the specifics of the bankruptcy filing. If the house is not included in the bankruptcy estate because it is... View More

2 Answers | Asked in Bankruptcy for Idaho on
Q: Can I get my car back from repo haven't missed a payment it was in a differ
Timothy Denison
Timothy Denison
answered on Mar 8, 2024

More information is needed to answer your question.

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1 Answer | Asked in Consumer Law and Bankruptcy for Idaho on
Q: My question is regarding the credit bureaus reporting pre-bankruptcy delinquencies on my credit report.

Equifax is being especially aggressive. Despite my disputes to the agencies, uploading of documents, and complaints to the CFPB, they continue to report all discharged debt as delinquent. It's gotten weird (such as Equifax reclassifying my Chap. 7 to a Chap 12.) No Idaho lawyer wants my case... View More

James L. Arrasmith
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answered on Nov 13, 2023

If Equifax and other credit bureaus are incorrectly reporting pre-bankruptcy delinquencies on your credit report despite a Chapter 7 discharge, you might need to consider escalating the matter. Since local attorneys are not taking up your case and the costs are prohibitive, exploring the option of... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: Does a 309a form include full ssn to ex spouse when filing bankruptcy?
Timothy Denison
Timothy Denison
answered on Jun 9, 2022

No.

2 Answers | Asked in Bankruptcy for Idaho on
Q: I lost my job due to medical, my husband is a transplant recipient on disability. If we file cptr 7, can we gift vehicle

We have titles on vehicles that belong to our boys. Because of the loss of my job and only my husband's disability as income, we may have to file chapter 7 due to his medical bills we can no longer pay on and evidently we owe federal and Idaho taxes. The titles on the vehicles need to be... View More

Timothy Denison
Timothy Denison
answered on Dec 16, 2020

You must list all your property in your petition. Any such transfers of vehicles would likely be fraudulent. Consult a competent bankruptcy attorney to review these issues before you do anything.

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1 Answer | Asked in Bankruptcy for Idaho on
Q: So I applied for chapter 7 bankruptcy and had to switch to a chapter 13 because of an asset

My lawyer sent everything in and was waiting for a date for the meeting of creditors which I got and last week I got a letter that says a notice of hearing on trustees motion to dismiss.. on my online account where I signed up to do the payments it says I have my meeting on Wednesday but this... View More

Timothy Denison
Timothy Denison
answered on Sep 14, 2020

Listen to your lawyer and follow his advice.

1 Answer | Asked in Bankruptcy for Idaho on
Q: Why is it legal for a trustee to drop your case ( dismissing) returning my debt, and still take your assets?

Bankruptcy chapter 7 if my lawyer never responded to the trustee seeing me for my taxes and is now taking away an assets is there a way to stop them? What are my legal right in this case? Can I try to negotiate two cars for the asset I’m loosing (trailer). Or what is the proses of rebuying the... View More

Timothy Denison
Timothy Denison
answered on Aug 6, 2020

See answer to previous question.

1 Answer | Asked in Bankruptcy for Idaho on
Q: If a trustee files a motion to dismiss your case why is it legal for them to still take away your assets?
Timothy Denison
Timothy Denison
answered on Aug 6, 2020

It is permitted under the US Code in certain circumstances as a sanction or punishment for actions such as fraud or noncompliance.

1 Answer | Asked in Bankruptcy for Idaho on
Q: Are older real estate property tax debts without a Leon discharged in chapter 7 in Idaho?
Kevin M Rogers
Kevin M Rogers
answered on Jul 20, 2020

Whether the property has a loan or not is not the question. The Bankruptcy Court will NOT determine if a tax debt for property is "dischargeable" or not. Your bankruptcy attorney will do that and advise you. Section 502(c) says:

(C) the amount or legality of any amount arising...
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2 Answers | Asked in Bankruptcy for Idaho on
Q: Will a trustee want to investigate the source of a "gift " provided to payoff a ch 13 early . How much investigation?
David Luther Woodward
David Luther Woodward
answered on Jun 30, 2020

I think it totally depends on the amount, the age of the case, and the trustee. Talk to you lawyer about this.

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1 Answer | Asked in Bankruptcy for Idaho on
Q: I filed for chap 7 and forgot to list an asset that i signed for but not mine It’s worth 6k do I need to pay 6k to keep

I just want to know if I do have to pay the amount it’s worth if I have a time limit to pay or it I’ll have a payment plan? I need to surrender my taxes and come up with 6k and I don’t have the money for that so I need to know if I need to change to chapter 13 or cancel my bankruptcy

Timothy Denison
Timothy Denison
answered on Apr 1, 2020

These questions are very case specific and should be answered by your bankruptcy attorney. If you are not the owner and it belongs to someone else. You should not have to pay. You should however, amend your schedules to add it, claim an exemption for it, and be prepared to didcusd it with the... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: In a chapter 7 before discharge after 341 meeting can I finance a care without asking the trustees

I had my 341 meeting in April, last week the front end went out in my Jeep so I financed a cheap car now I am hearing contradictory information stating that it was ok that I did that and others saying I needed to ask permission first, which is true?

Stuart Nachbar
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Stuart Nachbar
answered on May 6, 2019

You should.always check with the trustee before doing that

1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Idaho on
Q: debt collection cases
Kevin M Rogers
Kevin M Rogers
answered on Oct 15, 2018

All debt collection STOPS as soon as you file ANY chapter in bankruptcy. If you’re behind on a car payment and you file bcy the collection against you will stop immediately. Same with a house if you’re behind on your mortgage. However the collection on these two kinds of debts will start again... View More

2 Answers | Asked in Bankruptcy for Idaho on
Q: Filed ch 13 recently but case has not confirmed yet. We're wanting to sell our home and use the equity

To pay necessary debts included in the 13 and move

Timothy Denison
Timothy Denison
answered on Sep 16, 2018

Make a motion to voluntarily dismiss the bankruptcy and then you will be free to do so.

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1 Answer | Asked in Bankruptcy for Idaho on
Q: Can trustee come after our home almost a year after the BK discharge? Is there no statute of limitation?

BK was discharged late 2017. We have a property in Mtn Home that the title company made a clerical error on recording the deed and so the trustee was going after that house before the BK discharge. We went to the trustee hearing and he mentioned nothing regarding the home we are living in. Almost a... View More

Timothy Denison
Timothy Denison
answered on Aug 31, 2018

You need to hire a competent bankruptcy attorney to defend this action. If there was no fraud on your part or on the petition, you can likely prevail.

1 Answer | Asked in Business Law and Bankruptcy for Idaho on
Q: My son and I own a wine bar under an LLC. We fell behind on rent and our landlord tells us he will take all our assets

and we must finish paying on our lease for another 6 months. Can we file for bankruptcy and would it be helpful

Michael Hales
Michael Hales
answered on Dec 23, 2017

I would speak with an attorney as soon as possible because the solution will be very specific to your situation. In general, the landlord may be able to utilize company assets to collect on unpaid rent. Bankruptcy may be an option, but depending on which chapter you file, if the value of the assets... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: If you file for bankruptcy is that info available to the public?
Nels Hansen
Nels Hansen
answered on Apr 24, 2017

Yes. It is public record that you have filed. Anyone with a pacer account or who wants to go to the courthouse can view not only the fact that you filed but your schedules as well. Bankruptcy filings are not typically reported in your local paper (you can check and see) unless you are famous or... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: If I don't know whether I should file or not. Is there a place where I can get free counseling or free help?

Bankruptcy

Kevin W. Chern
Kevin W. Chern
answered on Sep 14, 2015

Before you file for bankruptcy, you must complete credit counseling. The purpose of this requirement is to help you determine whether or not there are other viable options for you. You can find a list of approved agencies here:... View More

2 Answers | Asked in Bankruptcy for Idaho on
Q: 3 years ago I took out chapter 7. I included a rental property. Its been 3 years now and the bank just started the

Forcloser. I received a bill from the city saying I owe them for maintenance on the yard. Do I owe this debt?

Robert Gambrell
Robert Gambrell
answered on Sep 9, 2015

Until the bank completes the foreclosure, you are the owner of the property. As a result, you are responsible for maintaining the property. This is the reason I recommend to my clients that they stay in the home until the bank forecloses. If the property is a rental, I recommend to my clients... View More

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