Ask a Question

Get free answers to your Bankruptcy legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Indiana Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Indiana on
Q: If use a credit card while in chapter 13, do that terminates your bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Your prefiling credit cards are no longer good. If it is a Debit with a Visa/MC then that is not a credit card. If you have been granted an actual credit since the file, though ill advised to continue down your prior debt ridden path, you can use it.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I filed for bankruptcy and I have letter that says act before Oct 1. I can't get ahold of a lawyer
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

If you have a lawyer, show up at his office. If still no response contact your respective state bar association. If you do not have an attorney, your lack of counsel is generally no excuse and you should act.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I have questions about filing for Chapter 13 bankruptcy
Timothy Coe
Timothy Coe
answered on Sep 28, 2012

What are those questions? This is the forum to ask questions. If you are in Northwest Indiana you can call my office if you like at 219-921-0799.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Ex is held harmless for credit card I was to pay. Now he filed Chapter 7 and I'm filing next week. Is CC dischargeable?
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

Credit cards are dis-chargeable in bankruptcy even if you are ordered to pay it by the state court.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I was ordered to pay credit card with my ex held harmless. Ex just filed Chapter 7 and I'm filing next week

Will bankruptcy discharge the credit card debts?

Timothy Coe
Timothy Coe
answered on Sep 28, 2012

I assume you are filing a chapter 7, so yes. Your bankruptcy attorney should be able to answer questions you have about what will happen to your specific debts.

1 Answer | Asked in Bankruptcy for Indiana on
Q: 2 yrs into a chapter 13, IN. I asked my laywer about converting to ch 7 , He said I couldnt. How can i find guidance?
Timothy Coe
Timothy Coe
answered on Jul 17, 2012

Yes, you can convert to a chapter 7. It is not as simple a process as it would have been had you not been two years in, but if you are willing to pay the filing fee for a chapter 7 and update the court on all your debts, you can do it.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can a chapter7 bankruptcy be issue without the debtor being present?
Andrew Bresalier
Andrew Bresalier
answered on May 15, 2012

In an Involuntary case Debtor appearance is not required, unless you wish to fight it. Most cases are voluntary and Debtor attendance is required during the meeting of creditors. If all goes well, that is generally the only appearance required. There is a jurisdictional requirement that you... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: How much does it cost to file bankruptcy?
Timothy Coe
Timothy Coe
answered on Jul 17, 2012

That's a difficult question, but I will try my best. The filing fee for a chapter 13 has just been raised to $281.00, and for a chapter 7 the filing fee is $306.00. We charge $1,500.00 for a Chapter 7 in attorney's fees, and $2,500.00 for a chapter 13 (probably going to rise shortly... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: How can you find out if someone has filed for bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

Sign up for PACER at the District Court for the respective jurisdiction. This is a free service, as long as you use less than $10 of services per calendar quarter. Once signed in you can pull up the specific case and review

1 Answer | Asked in Bankruptcy for Indiana on
Q: I filled bankruptcy on a apartment complex 6 yrs ago and my bankruptcy was discharged, does the eviction ever go away?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

The discharge released any liability you may have had; however, the record of the debts will remain on your credit report for upto seven (7) years. The bankruptcy will remain on your credit for 10 years. Though you may have no liability, any entries into the public record will be there forever.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I just lost all of my money in a poker game. i lost EVERY SINGLE DOLLAR!!! do i need a bankruptcy lawyer?
Terrence Rubino
Terrence Rubino
answered on Oct 27, 2011

not necessarily. first what you need to do is stop gambling - you won't get even but will get even worse. second, go to work, make money and prioritize what debts and expenses you pay with a view towards paying everyone in full. try to make arangements with your creditors. third, if your... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: My bankruptcy is closed and i am going to recieve money from a lawsuit. can my creditors claim it?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

If the matter which lead to the suit occurred after you filed, it is not part of the case. If it occurred prior to the filing of your case it should have been disclosed in your Petition. If it was and the trustee abandoned it, then it is yours. However, you have a duty to report it to the Trustee,... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can they levy my corporate assests for a judgement on personal debt?
Andrew Bresalier
Andrew Bresalier
answered on Sep 26, 2011

Unfortunately, the protection of a corporation only works one way. A corporation only protected the shareholders from the debts of the Corp. The corp is not protected from the debts of the shareholders. Your personal creditors can levy the corp to the extent of your ownership.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I filed for bankruptcy in either 2002 or 2003 and my credit report still says that my case is open, how can I fix it?
Andrew Bresalier
Andrew Bresalier
answered on Jan 13, 2012

Only the filing of a Bankruptcy is reported on a credit report, not if it is pending. A Bankruptcy can appear on a credit report for upto 10 years.

1 Answer | Asked in Bankruptcy for Indiana on
Q: My husband filed for bankruptcy in 2002 or 2003 it is still listed as open on his credit report, how can we fix it?
Andrew Bresalier
Andrew Bresalier
answered on Jan 13, 2012

Only the filing of a Bankruptcy is reported on a credit report, not if it is pending. A Bankruptcy can appear on a credit report for upto 10 years.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can a default judgment for libel be discharged by bankruptcy in the State of Indiana?

I sued my ex-husband for libel and defamation in 2008 and recently was awarded $ in a default judgment. He insists that he can file bankruptcy and it will be discharged. My atty had no choice but to remove herself and the firm from the case when it was decided that he wasn't collectible. If he... View More

Terrence Rubino
Terrence Rubino
answered on Jul 15, 2011

if he files bankruptcy intending to discharge his indebtness to you (the defamation judgment), he has to list you in the BK petition and notify you in writing accordingly. i don't think he will be able to discharge it because it is an intentional tort as opposed to a negligent tort.... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: To fiel a chapter 7 bankruptcy do you have to have $10,000 in debt
Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2011

The more important consideration is the kind of debt and whether it is dischargeable. The answer to your question also depends on whether you are seeking a Chapter 7 bankruptcy. If so you have to pass the means test. That test determines whether your income is low enough for you to qualify to... View More

2 Answers | Asked in Bankruptcy for Indiana on
Q: I want to return my mortgage back to the bank.do i have to keep on with the mortgage payments after returning the house
Terrence Rubino
Terrence Rubino
answered on Jul 5, 2011

you have a promissory note with the bank. that is the instrument that makes you indebted to the bank. the mortgage is simply a lien on your house that the bank can use as security for getting the note paid. simply deeding the property back to the band DOES NOT release you fronm the note. in fact,... View More

View More Answers

1 Answer | Asked in Bankruptcy for Indiana on
Q: Should a 86 year old single senior living on sosial security income file for bankruptcy to discharge a credit card debt

Income does not permit to make any kind of payment to payoff the balance of the account. Balance approximatly $5000.00 and getting larger due to interst and late fees. At this time the account is in collectors hand and they demand full payment now.

Burton A. Padove
PREMIUM
Burton A. Padove pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2011

If that is his only debt and he has no other assets, I would not file a bankruptcy.

1 Answer | Asked in Bankruptcy for Indiana on
Q: What does "Judgment to be Satisfied" mean in a Sheriff sale of a house
Mr Jeffrey D Heck
Mr Jeffrey D Heck
answered on May 17, 2011

I would have to see the form, but I believe you are referring to the original debt owed as reduced to the form of a judgment.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.