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Indiana Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Indiana on
Q: Q: I filed bankruptcy, im trying to finish my credit counseling before court today, it is asking me for my case #

i cant find it anywhere, and i cant complete my credit counseling until i give the case number

David Earl Phillips
David Earl Phillips
answered on May 24, 2017

Look on the Notice you received that had your court date. It should be on there. Near the top of the page. Good luck!

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1 Answer | Asked in Bankruptcy for Indiana on
Q: I am in a complicated situation in my life. I need to file bankruptcy. There are medical reason leading up to this one

I have PTSD and other contributing factors that have lead up to this one and not sure if filing another will be allowed?? Complicated situation. Can you help??

Ray Choudhry
Ray Choudhry
answered on May 4, 2017

There are time limits as to how often you can file bankruptcy.

Lots of bankruptcies are a result of medical bills.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I didn't do a very good job of keeping my personal and business finances separated and my business is doing poorly so I

think I need to file for bankruptcy. Is there a way to determine what type of bankruptcy is best for me (personal or business)?

David Earl Phillips
David Earl Phillips
answered on Apr 28, 2017

Need more information. Is the business incorporated, an LLC, partnership, etc. How were the debts incurred? For business or personal use. It can be complicated. See an attorney for advice on what would be your best option. The more information you can provide to the attorney will help them to guide... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: I loss my arm due to cancer. I'm on disability in which I make $750.00 a month. I have received a summons to go to court

I owe several credit cards. I need too file bankruptcy. But as you can see I do not have any money left over a month to hire an attorney. I'm afraid to go to court without an attorney. Is there any way someone there can help me with a bankruptcy. I'm 64 years old. If they take my money I... View More

Nels Hansen
Nels Hansen
answered on Apr 30, 2017

Do not despair. You should contact a local bankruptcy attorney and schedule a consultation. You may be able to have a consultation over the phone. If you are judgment proof there may be no need to file. If after a review of your situation it is recommended you file bankruptcy, contact your... View More

2 Answers | Asked in Bankruptcy for Indiana on
Q: i take care of my disable mother we have a personal loan together with our car as collateral we also have other

outstanding bills can we file chapter 7 togethr and is there anyway we can keep our car?

Doug Allen Bernacchi
Doug Allen Bernacchi
answered on Apr 24, 2017

There are ways for sure. Most debtor's who file bankruptcy don't loose their car. Without a more information no one can give you reliable legal advice here. I would say call and we figure out, if you pay and drive through keeping the car, reaffirm the auto loan, or redeem it for fair... View More

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1 Answer | Asked in Bankruptcy for Indiana on
Q: i take care of my disable mother we have a personal loan together with our car as collateral can we file 7 together

plus outstanding bills may we file chapter 7 together?

Ray Choudhry
Ray Choudhry
answered on Apr 26, 2017

The laws are changing but so far they don't let you marry your mother.

So, no, you can't file jointly.

Only married couples can do a joint filing.

1 Answer | Asked in Bankruptcy for Indiana on
Q: i take care of my disabled mother both our names are on a personal loan plus we have other outstanding bills can we file

chapter 7 together and our car is our collateral on our personal loan can we keep our car?

David Earl Phillips
David Earl Phillips
answered on Apr 24, 2017

You cannot file a bankruptcy case together. Only couples that are married may file a joint case. If the car is collateral on a loan then you will have to work out something with the creditor to keep it or maybe file a motion to redeem if you file bankruptcy. See a bankruptcy lawyer and get advice... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: My wife & I filed # 7. If I have Power of Attorney for her, does she have to appear at Debters meeting ?
Doug Allen Bernacchi
Doug Allen Bernacchi
answered on Mar 30, 2017

You if pro se or your lawyer should ask your trustee. The Northern District of Indiana South Bend Division will allow it if the POA document provides for bankruptcy and/or fiduciary powers. It needs to be specific. If a spouse cannot appear and the POA is not adequate, sometimes Interrogatories... View More

2 Answers | Asked in Real Estate Law and Bankruptcy for Indiana on
Q: My husband and I bought a house with my mother. On all the paper work her name is first but it states we are equal owner

She is moving out and said she is filing chapter 7 bankruptcy. Does that mean we will lose the house? What are our options ?

Ben F Meek III
Ben F Meek III
answered on Mar 30, 2017

No, you will not likely lose the house unless it is subject to a mortgage that is in default, and bankruptcy is usually an event of default in mortgages (still the debt could be reaffirmed in the bankruptcy in order to keep the house, depending on several factors, including whose debt it is). But... View More

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1 Answer | Asked in Bankruptcy for Indiana on
Q: My brother has ALS. Combined disability and Medicaid will cover the cost of his nursing home with nothing left over.

He has $17k in credit card debt, a mortgage and a car payment. What will happen to the debt when he can no longer use his disability income to make payments?

Doug Allen Bernacchi
Doug Allen Bernacchi
answered on Mar 30, 2017

He does not like need to file bankruptcy but a debtor's attorney may be able to help

learn how by call me 219-879-2889. Persons in this position will not need to pay very much to get a lot of help!

1 Answer | Asked in Bankruptcy for Indiana on
Q: I have income from Social Security, VA Disability and Army Reserve Retirement Pay totaling about $6700.00 per month.

All my debts are current and my credit score is about 720. I have two mortgages, two auto loans and credit card debt. I am being sued for about $4,000.00 from my HOA. I do not wish to pay the HOA because of a ongoing debt dispute. Can I file Chapter 13 and continue to pay my creditors their regular... View More

Paul Stanko
Paul Stanko
answered on Dec 24, 2016

You can't pick and choose which creditors you pay in bankruptcy. Bankruptcy would ruin your excellent credit. Don't do it!

1 Answer | Asked in Bankruptcy and Tax Law for Indiana on
Q: Unreported income 2012/ bankruptcy

I'm in a chapter 13. end of my 2nd year and have paid $30,000 apx.

I did not turn over my tax return or refunds to the trustee.

According to my lawyer, its going to be okay. I had to turn over copies of my 2014 and 2015 taxes. They said the money would be worked into the... View More

Paul Stanko
Paul Stanko
answered on Oct 1, 2016

Your attorney has a confidential relationship with you. Contact him concerning your tax issues. Do not make a false affidavit, as that would be perjury.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Indiana on
Q: if I received in mail an order to appear to answer defendants nonexempt property. what does that mean, do I need to go?

I received a notice to appear to answer questions about my nonexempt property subject to proceedings supplement. I am paying a garnishment for one company right now. not sure what can or can not be done and if it is mandatory to go

Paul Stanko
Paul Stanko
answered on Sep 24, 2016

It sounds like you may be a defendant in a small claim, upon which a judgment may have been entered, and for which proceedings supplemental to execution are pending. Long story short: yes, you need to go to court. Moreover, get an attorney to help you with this, as you apparently have a judgment... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: I sold a lot w garage on contract a few months ago. But buyer avoided signing contract. He just declared ch. 13.

Buyer *reallly* wanted my garage. I felt pushed into the contract, but I did need someone to deal with the property, to empty garage and clean up the lot after my husban'ds death. I also (unwisely) agreed to sign and publicly record the warranty deed because the neighbor seemed so sincere and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 7, 2015

That someone else should be your attorney. It appears you will have to file an "adversary case" as a part of the Chapter 13 proceeding. One of the things you should ask for is that the deed be cancelled.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can I take a small pawn loan on a piece of jewelry ($250) and pay that loan back prior to filing ch 7 bankruptcy?

I am going to be filing in August. I have had an illness and cannot pay my rent. The piece of jewelry is not worth more than $300.00. I need to pawn this in order to pay my rent and be able to have groceries this week. I want to reclaim this piece prior to filing chapter 7 bankruptcy in August.... View More

Robert Gambrell
Robert Gambrell
answered on Aug 23, 2015

Pawning a $250.00 piece of jewelry should not cause a problem with a chapter 7 bankruptcy, whether you redeem the jewelry and get it out of pawn before or after you file your chapter 7.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can I file bankruptcy on my car and still keep it?
Kevin W. Chern
Kevin W. Chern
answered on Jun 24, 2015

Car loans are typically secured debts, and filing for Chapter 7 bankruptcy does not allow you to keep property that serves as collateral for a debt while eliminating the debt.

Depending on the value of your car, the amount of the debt and other factors, you may have a few options regarding...
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1 Answer | Asked in Bankruptcy for Indiana on
Q: How much does bankruptcy cost in indiana?
Kevin W. Chern
Kevin W. Chern
answered on Jun 21, 2015

The filing fee for a Chapter 7 bankruptcy case is $335 (Chapter 13 is $310). That fee goes to the court, and is in addition to attorney fees, which will vary depending on the attorney you work with and the complexity of your case. You will also be required to complete Credit Counseling in advance... View More

2 Answers | Asked in Bankruptcy for Indiana on
Q: Can I make payment arrangements on a judgement that is already on my credit since 2011 and now want to garnish wages?

Court date in September but I will be moving out of state if they don't accept the offer I wanted to emergency bankruptcy but leave in three week?

Robert Gambrell
Robert Gambrell
answered on Jun 14, 2015

You certainly have the right to call the creditor or the creditor's lawyer and make an offer. However, you cannot force the creditor to accept anything less than full payment of the judgment plus all interest accrued since the judgment was entered in 2011.

If you are considering...
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1 Answer | Asked in Bankruptcy for Indiana on
Q: Can I mail in my bankruptcy petition in Indiana?
Robert Gambrell
Robert Gambrell
answered on Jun 5, 2015

If you are filing pro se, you should call the bankruptcy court clerk's office to find out if mailing your petition to the clerk is acceptable. However, you should take the time to reconsider filing for relief under the bankruptcy code without the assistance of counsel. Last month, I was in... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: How long is a statute of limitations to sue Bankruptcy Trustee, (Indiana)Abuse of trust,
Robert Gambrell
Robert Gambrell
answered on May 28, 2015

I have no idea, because in my 38 years of practice, none of the trustees in my state have been sued since I started practicing. If you are the debtor, then I doubt that you would have standing to sue for a violation of trust as the trustee's fiduciary duty is to the priority unsecured... View More

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