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Indiana Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for Indiana on
Q: Did chapter 7 in 2009 been paying my house since over 8 years now I’m slow at work , they are doing a foreclosure while

Can u file again chapter 7 get rid of credit cards again and stop the foreclosure too save my house and then maybe sell it in a few years. But mostly I don’t want too loose my house and it’s going so quickly, is chapter 7 best way too save house or I also see so much talk online about it being... View More

Timothy Denison
Timothy Denison
answered on Dec 15, 2018

You can file s Chapter 7 once every 8 years. Depending on your income, equity and financial situation, you may be able to do exactly what you propose.

2 Answers | Asked in Bankruptcy for Indiana on
Q: Is there any kind of debt I can't discharge in a bankruptcy?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Dec 7, 2018

Usually tax claims, alimony, child support, and then some esoteric categories. Also remember that while a secured claim, like a bank loan for house and car, are discharged as to personal liability, they are not discharged as to the item itself.

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Can my home be taken from me.

My only asset is my home which is paid for. It's value is 150K. Other than my home I have no assets (cash etc). My spouse and I both are on SSDI. A medical emergency has left me 250K in debt. If I file bankrupcy can they take my home away from me?

Timothy Denison
Timothy Denison
answered on Nov 15, 2018

Yes, under certain circumstances. You need to consult a competent bankruptcy attorney to assess your financial situation and find the best course of action for you.

2 Answers | Asked in Bankruptcy for Indiana on
Q: What is the different between chapter 7 and 11?
Timothy Denison
Timothy Denison
answered on Oct 31, 2018

Chapter 7 is liquidation of personal or business debt. Chapter 11 is business reorganization.

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1 Answer | Asked in Bankruptcy for Indiana on
Q: How will bankruptcy affect the student loans that I still owe?
Timothy Denison
Timothy Denison
answered on Oct 12, 2018

They are non dischargeable. You will still owe them.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I have filed a petition for chapter 7 and have a court date in a couple of weeks. Will getting married effect this?

Will getting married a couple days prior to the court date effect the hearing?

Timothy Denison
Timothy Denison
answered on Sep 22, 2018

Nozz

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can a mortgage company file a foreclosure on a person if they filed a chapter 7 and is closed
Timothy Denison
Timothy Denison
answered on Sep 4, 2018

Not on a person Byron a piece of property.

2 Answers | Asked in Bankruptcy and Civil Rights for Indiana on
Q: My son was arrested in Marion County Saturday night for a warrant out of Shelby County. It is now Monday afternoon.

He has not been processed and yet to be picked up by Shelby Co. No bedding on concrete. How is this not a violation of due process?

Timothy Denison
Timothy Denison
answered on Aug 20, 2018

He has to be brought before the court to answer the warrant. If he is in another county, it usually takes 10-20 days for hectransfer.

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2 Answers | Asked in Bankruptcy for Indiana on
Q: we are seniors we have a debt with discover card which they have filed suit against us i have stage 4 colon cancer not

to live very much longer my wife has serios spine issues we dont own no property what going to happen

Cristina M. Lipan
Cristina M. Lipan
answered on Aug 16, 2018

They will probably get a judgment from the court, which means they can bring that to the Marshal/Sheriff who can search for and seize any assets you may have. Obviously, if you have nothing, there is nothing to take. However, keep in mind that this includes salary income and money in bank accounts.... View More

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Will filing for bankruptcy ever wipe out my student loans?
Timothy Denison
Timothy Denison
answered on Aug 8, 2018

Not completely, no.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can me and my husband keep our house? He makes 45 a year before taxes and we have a equity loan just under 38.

The house value is probably less because it does need several repairs. We'd like to keep our car to (still paying as we got it after our old car was totaled a few months ago.)

Timothy Denison
Timothy Denison
answered on Jul 16, 2018

Depends on many factors, including equity in house. Contact a local bankruptcy attorney who can help you make the right decision.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Live in Indiana, being sued for med. bills. only income now is soc sec. Is soc sec subject to sml claims judgment?
Timothy Denison
Timothy Denison
answered on Jul 15, 2018

SS is not subject to judgment activity.

2 Answers | Asked in Bankruptcy for Indiana on
Q: I filed chapter 7, it was discharged, I'm still paying my mortgage but on my credit report it shows closed-derogatory

Discharged in 2012, do I do anything about this or will it just make it worse.

Tyler Cumbo
Tyler Cumbo
answered on Jul 1, 2018

If you have made your mortgage payments on time you should file a dispute and request the credit bureau to include an explanation on your report. Unless you signed a reaffirmation agreement that was approved by the Court the lender will not report anything to the credit bureau. If you did not... View More

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1 Answer | Asked in Bankruptcy and Landlord - Tenant for Indiana on
Q: i am in active bankruptcy and my landlord typed a letter of eviction to be out in two weeks can she do this

she said we have two weeks to be out and i lost my job she knew that we are only behind for the month of june she notorized this paper herself calling it a legal document more or less and said we had two weeks to get out and if we weren't out then she would have a 24 hr eviction notice.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jun 21, 2018

No. If you are behind on rent your landlord may post what is called a 10 day notice to pay up or quit the premises. That gives you notice that if you do not make your rent current within 10 days then she has the right to file for an eviction. Landlords in Indiana are required to post this notice... View More

2 Answers | Asked in Bankruptcy for Indiana on
Q: I filed for bankruptcy and just got a job offer for work that pays more than I make now. It won't be enough to alleviate

my debt issues though. Will my bankruptcy still be valid?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 18, 2018

If you filed a chapter 7, then no worries as it looks at income at the time you filed. If a chapter 13, talk to your attorney due to plan payments

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Can I file student loan bankruptcy? Our 5 yr. old son is autistic, the cost of treatment has been astronomical.

I have my PHD. My loans total approximately $200,000. I am aware of the brunner test. We have no hope of buying a home or car, let alone a small vacation. Our son's Autism Academy is very, very expensive, with insurance paying a small amount. He will most probably have to receive treatment for... View More

Timothy Denison
Timothy Denison
answered on May 31, 2018

While the student loans are generally not dischaegeable, you can file and ask the court to consider your circumstances and the undue hardship. They could be reduced but not likely completely discharged.

1 Answer | Asked in Bankruptcy and Consumer Law for Indiana on
Q: In 2012, I purchased a voucher, on sale, for a digital photo-to-canvas transfer. The voucher says that the promotional

promotional value of the voucher is good for three years (ending June 21, 2015) but that the paid value of the voucher never expires. I found my credit card statement with the purchase showing on June 28, 2012, and the company name is exactly the same as it appears for the current company, but... View More

Timothy Denison
Timothy Denison
answered on May 10, 2018

EVEN THOugh the middleman declared bankruptcy, the company is still liable for the service sold bc they were the one providing it. They owe you the paid value of the voucher, in whatever form that may be.

1 Answer | Asked in Bankruptcy for Indiana on
Q: going thru ch. 13 built in 1 year delinquent property tax into payment. cant keep up with current tax and penalties.

hardship or payment plan options ? lake county Indiana

Timothy Denison
Timothy Denison
answered on Apr 21, 2018

Convert to a Vhapter 7 and liquidate all debt.

2 Answers | Asked in Bankruptcy for Indiana on
Q: I have two credit cards. Do I have to list them both and lose them? Or can I keep one of them?
Dean Paolucci
Dean Paolucci
answered on Apr 12, 2018

For the most part, a bankruptcy is an "all or nothing" proposition, meaning you have to give up all your credit cards and unsecured debts in exchange for the debts being wiped out.

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Is anyone eligible to file a Chapter 13 bankruptcy or do they have to meet certain requirements?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Apr 7, 2018

Must have standard regular income. Must have less that 350,000 in general unsecured debt and less than 1.1 million in secured debt

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