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Indiana Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Indiana on
Q: I need to see if i can file a complaint quiet title superior circuit court in marion county indiana
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on May 17, 2011

Both Superior and Circuit Courts are courts of general jurisdiction, meaning they handle all cases. File the case with the county clerk. The computer will randomly assign you to a court. Most likely to one of the dozen superior courts. There is only one circuit court per county, so you are less... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: I have a house that is getting foreclosed I owe to much on it can I file chapter 7 I am within the means for bankruptcy

Also I cannot afford a high priced attorney

Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on May 17, 2011

I do not follow the question. But if you are asking if you can file bankruptcy after a foreclosure has already atarted, then the answer is yes. In some cases that is helpful. In some cases it will have limited benefit. Talk to a lawyer to learn which applies to. You.

1 Answer | Asked in Bankruptcy for Indiana on
Q: House sold in ky. buyers have filed bankruptcy. what do i do.
Burton A. Padove
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answered on Jul 8, 2011

Assuming that you are a mortgage holder or sold the house on an installment contract, you file a claim with the court and hire counsel as the situation is quite complex.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Are laptop went bad,can i buy i cheap one with credit card before i file chapter 7
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Feb 5, 2011

No credit card purchases in 90 days before bankruptcy filing. Any transactions done are subject to being undone.

1 Answer | Asked in Bankruptcy for Indiana on
Q: If we are in the middle of bankruptcy should we go ahead and file our taxes? most years we have recieved a refund?
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Feb 5, 2011

Bankruptcy does not change your obligation to file tax returns. In fact, failure to file tax returns can lead to your case being dismissed without a discharge of your debts.

The refund may be required to be paid to your bankruptcy trustee. Dismissal is possible if you fail to comply here, too.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can a creditor attached a lien to a property that is being deeded back to the lender and then begins to garnish wages?
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Feb 5, 2011

Liens can attach at any time before a bankruptcy petition filing, without regard to garnishment. The only lien avoided by a deed back to the lender is the lender's mortgage.

1 Answer | Asked in Bankruptcy for Indiana on
Q: My exhusband keeps telling me he's filed, but I can't find the filling in the public record. Why? He's still spending!
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Feb 5, 2011

Call the court using this information to verify his filing: http://www.insb.uscourts.gov/mobi/divinfo.html.

1 Answer | Asked in Bankruptcy for Indiana on
Q: In a bankuptcy if trustee decides to cease ur house how long do u have to leave property
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Feb 5, 2011

It depends on the status of the foreclosure proceeding. The key document from the state foreclosure court is the praecipe for sale. From that document being served on you, it is approximately 30-90 days. It can take many months before a pracipe issues. It can be days. If there is a decree or... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: How are bankruptcy findings enforced?
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Feb 5, 2011

Findings are a very broad legal term that relate to finding the truth about stories told to judges. The question is not the findings but the words about what was ordered done. What was the text of the judgment or order?

1 Answer | Asked in Bankruptcy for Indiana on
Q: Filed Bankruptcy in 2005 an had a letter in the mail saying "order to renew default Judgement" how to i handle this
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Feb 5, 2011

The solution has many variables so you will need to consult a lawyer. The key question is whether the judgment creditor received no notice of your bankruptcy. There are exceptions to this requirement. If the creditor received notice, the creditor could be subject to contempt of court.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I can not afford an attorney. Is there bankruptsy assistance available for me.
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Feb 5, 2011

I don't know if Legal Services of Indiana or the Indiana Legal Aid Society can help. LSO has a program for the elderly that can offer more assistance for those over 65 than the average person.

1 Answer | Asked in Bankruptcy for Indiana on
Q: My ex wife is filling bankruptcy andI need to know if she can file against money owed me from her retirement?
Burton A. Padove
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answered on Jul 19, 2011

You are not a creditor so the answer is no. You already own the interest in her QDRO

1 Answer | Asked in Bankruptcy for Indiana on
Q: What is Order enlarging time to object to discharge
Paul Overhauser
Paul Overhauser
answered on Nov 29, 2010

When a bankruptcy is filed, the bankrupt person / company has to list its creditors. The bankruptcy court is asked to discharge, or eliminate, the debts of the bankprupt person. When the bankruptcy court gets ready to do that, it sends a Notice to the creditors, and they have a deadline to... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: Garnishments: any money deposited into account AFTER the garnishment date should be freed? Correct?
Burton A. Padove
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answered on Jul 22, 2011

Incorrect, it is the account that is frozen not the amount of the funds. So if you deposit funds after the date that the garnishment is served and before a court ruling, the additional funds are also frozen.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I am 1 year into a ch13.I have a Harley that will be paid off soon, it is not being paid by the trustee, can I sell it?

I am 1 year into a ch13. all paymets made on time no poblems. I have a Harley that will be paid off in two months, at this time my trustee payment is scheduled to increase. The Harley is not being paid by the trustee, can I sell it once I receive the title?

Burton A. Padove
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answered on Jul 22, 2011

The Harley is an asset of the estate being administered by the Trustee. I suggest that you discuss the matter with the trustee beforehand.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I retained an attorney 9 months ago, shouldn't he have informed my creditors?
Burton A. Padove
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answered on Jul 17, 2011

Generally yes. However, the answer may be different depending upon what information the attorney was provided or obtained.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Do I need a bankruptcy lawyer ?
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on Feb 5, 2011

The answer is very specific to each person. If your debts for items other than your house and car are more than your annual income, bankruptcy is worth considering.

2 Answers | Asked in Bankruptcy for Indiana on
Q: What is the bankruptcy exemption code in Indiana for contingent assets toward a class action law suit?

This is contingent as the debtor is the named plaintiff in a class action lawsuit that is pending.

Eric M Wiechert
Eric M Wiechert
answered on Oct 29, 2010

Check with an attorney admitted in Indiana. Exemption issues can get fairly complex.

The National Association of Consumer Bankruptcy Attorneys (NACBA) has a useful lawyer finder.

[There is exemption information for Indiana at the link below.

See...
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