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Indiana Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Indiana on
Q: I’m seeking guidance on a bankruptcy case with complicated circumstances.

Initial Bankruptcy Filing: I filed for bankruptcy because of garnishment, but I have been paying as much as I can toward the plan. About a month after filing, I was hit by a car in a severe motorcycle accident, leading to hospitalization and multiple injuries.During treatment for my injuries, I was... View More

Timothy Denison
Timothy Denison
answered on Nov 11, 2024

Have your lawyer recalculate your plan given your current situation. You may be able to reduce your plan payment and percentage. If repayment after a thorough analysis of your finances.

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2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Indiana on
Q: If you got a ppp loan ad the government is now coming to collect should you turn yourself in or can you contact someone

make arrangements to pay?

Jonathan David Warner
Jonathan David Warner
answered on Oct 26, 2024

If you obtained a PPP loan and the government is looking to be paid back, then one of two things happened: (a) you did not apply for PPP Loan Forgiveness or (b) the government thinks that the loan was wrongfully obtained. It could also be that this is an EIDL Loan, as opposed to one that was... View More

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2 Answers | Asked in Bankruptcy for Indiana on
Q: I have filed twice over the years can I file again? It has been almost 9 yrs since the last bankrupcy.
Timothy Denison
Timothy Denison
answered on Oct 17, 2024

Yes. Eight years is the look back period so you should be fine.

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3 Answers | Asked in Bankruptcy for Indiana on
Q: I am paying a car loan for a car who's engine recently blew up. Can I file bankruptcy on the loan?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 23, 2024

Any decision about a bankruptcy filing must be made from your full financial circumstances, and past, and probable future.

But about your car- warranties, whether you proceed with some form of bankruptcy relief or not.

Confer with an experienced lawyer in your jurisdiction before proceeding.

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1 Answer | Asked in Bankruptcy and Consumer Law for Indiana on
Q: Being threatened with wage garnishment for 2 different debts and already getting garnished for 1, what can I do?

I feel it's time to file bankrupt but don't make enough money to get a lawyer and definitely do not make enough for so many garnishments to be coming out of my check. I make about $200/wk and that is all I have for income, I have children who's father does not pay child support or... View More

James L. Arrasmith
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answered on Jul 18, 2024

It's tough to deal with multiple wage garnishments, especially when you already have one in place and a limited income. First, consider contacting the creditors to explain your financial situation and request a reduction or temporary suspension of the garnishments. Sometimes, creditors are... View More

1 Answer | Asked in Bankruptcy and Consumer Law for Indiana on
Q: How can I file bankruptcy with no money?

I have more than one debt that is getting ready to be garnished out of my pay (I bring home about $200/wk and am a single mom of 3 with no child support). I owe in total over $20,000 to different creditors and there is no way I will be able to pay this and be able to take care of my children's... View More

James L. Arrasmith
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answered on Jul 18, 2024

Filing for bankruptcy with no money can be challenging, but there are options available to you. First, consider contacting a local legal aid organization. They often provide free or low-cost assistance for those who cannot afford to pay for legal services.

You may also want to look into...
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1 Answer | Asked in Bankruptcy and Civil Litigation for Indiana on
Q: I'm being sued for a lemon car from two years ago, I have court on July 19th.my wife and I would like to file bankruptcy
James L. Arrasmith
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answered on Jun 30, 2024

Based on the situation you've described, here are some key points to consider:

1. Timing: With your court date on July 19th and your desire to file bankruptcy, you should act quickly.

2. Automatic stay: Filing for bankruptcy typically triggers an automatic stay, which can halt...
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1 Answer | Asked in Bankruptcy for Indiana on
Q: I filed chapter seven bankruptcy and I did not reaffirm my mortgage . I make my payments electronically and are current

Can I report them myself with a bank statement

James L. Arrasmith
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answered on Jun 5, 2024

Yes, you can report your mortgage payments yourself using your bank statements as proof of payment, even if you did not reaffirm your mortgage during your Chapter 7 bankruptcy. Here's what you can do:

1. Obtain your bank statements showing the mortgage payments you have made since your...
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1 Answer | Asked in Bankruptcy for Indiana on
Q: I have filed bankruptcy chapter 13. My attorney has failed to keep me current on documents needed and a court date. It

appears to the trustee that I have failed to comply. I would like to fire my attorney, but I have already paid quite a bit to the trustee. I don't know what to do.

James L. Arrasmith
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answered on May 21, 2024

I understand that you're in a difficult situation with your Chapter 13 bankruptcy case. Here are some steps you can consider:

1. Communicate with your attorney: Before taking any drastic measures, try to discuss your concerns with your attorney. Explain the issues you're facing...
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3 Answers | Asked in Bankruptcy for Indiana on
Q: How can I retrieve my Chapter 7 discharge letter
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 30, 2024

When you have completed the bankruptcy process in your case, an Order of General Discharge (discharging you of all "dischargeable debts", etc.) is entered by the Court, not a "letter".

Your bankruptcy case, and most of the documents, including your Discharge Order, are...
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1 Answer | Asked in Bankruptcy for Indiana on
Q: Hello I wanted to know what the qualifications are for filing bankruptcy also how much it cost
Timothy Denison
Timothy Denison
answered on Dec 18, 2023

Varies greatly from jurisdiction to jurisdiction but you have to have debt that you cannot pay and do not have sufficient assets and/or income to pay. Chapter 7 can cost anywhere roughly from $500 to about $3,500, depending on complexity of issues snd creditors.

1 Answer | Asked in Bankruptcy for Indiana on
Q: am i authorized to work at amazon with i-94 ?
Timothy Denison
Timothy Denison
answered on Sep 21, 2023

Yes.

1 Answer | Asked in Bankruptcy and Contracts for Indiana on
Q: What does this mean? It is ordered that the motion to Avoid Judicial Lien as to DATA is denied without prejudice.

DATA won a lawsuit against and individual for breach of contract. DATA won over $300,000 to be paid by individual. He never paid and within a year filed for bankruptcy. Today received a letter from United States Bankruptcy Court Southern District of Indiana an Order denying Motion to Avoid Lien... View More

Timothy Denison
Timothy Denison
answered on Jul 19, 2023

DATA has apparently liened up some of the debtors property. The debtor sought to strip the creditors lien off his property but the court denied the motion to do so.

1 Answer | Asked in Bankruptcy and Divorce for Indiana on
Q: My husband and I are legally married but living separately and plan to divorce. He is filing bankruptcy. Ruin my credit?

None of the credit cards are in my name but I am an authorized user. I was unemployed for the duration of our marriage.

Timothy Denison
Timothy Denison
answered on Jul 13, 2023

No. Your credit will not be affected if you are only an authorized user. Unless the account is in your name, you should be unaffected by his filing.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Do I have to report a cash gift to my trustee during chapter 13
Timothy Denison
Timothy Denison
answered on May 5, 2023

Technically, yes, but it really depends on how much the gift was and whether you are in a 100% repayment plan or not.

2 Answers | Asked in Bankruptcy for Indiana on
Q: I filed for bankruptcy with a bankruptcy lawyer 10/28/22. I still do not have a case number, is this typical?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 15, 2023

No, certainly not "normal", if in fact a case was filed by your lawyers.

You can use Pacer, an online court information site, to determine whether a case has actually been filed.

Or, you can visit your bankruptcy lawyers office and demand to see a court-stamped...
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1 Answer | Asked in Bankruptcy and Divorce for Indiana on
Q: She told her attorney that we were legallly separated at the time , ( false statement ) are there consequences

If she lied to gain the upper hand to stick me with said debt what are the penalties for doing such

Timothy Denison
Timothy Denison
answered on Mar 29, 2023

If she made misrepresentations to the Court, she could be in contempt of court if you can prove she lied.

2 Answers | Asked in Bankruptcy for Indiana on
Q: what can i do if my ex wife filed bankruptcy without me knowing while married and didnt let me buy in to the bankruptcy

she did this with the intent to stick me with the remaining debt

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 29, 2023

There are a host of issues in what little you report as facts.

Did she file for bankruptcy herself, or did she also name you?

What chapter of bankruptcy relief did she choose?

Were you listed as a potential creditor, and did you receive notice from the court clerk of the...
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1 Answer | Asked in Bankruptcy for Indiana on
Q: Filed bankruptcy was hit by semi trustee settled case. All paid including lawyers how long can trustee hold remaining fu

Funds as the case is closed

Timothy Denison
Timothy Denison
answered on Feb 25, 2023

Varies but probably 60-90 days after discharge.

3 Answers | Asked in Bankruptcy and Family Law for Indiana on
Q: Hello, I am wondering, Can I sell my home in my name to my spouse if I plan on filing bankruptcy within a few months

We are recently separated, AND it would be for what is currently owed.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 15, 2023

Ms. Lipan's answer is correct, I think, as far as it goes.

Yes, for bankruptcy purposes (and some Indiana state laws), the amount you receive for your interest in property needs to be the fair/market value (and be able to prove that).

But there is another field of law to...
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