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Kentucky Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Consumer Law for Kentucky on
Q: Jones international University was closed in 2015 and I was left out of the discharge.
James L. Arrasmith
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answered on Jul 18, 2024

I'm sorry to hear about your situation with Jones International University. Since the school closed in 2015, you may be eligible for a closed school discharge of your federal student loans. This discharge is available if you were unable to complete your program because the school closed.... View More

1 Answer | Asked in Bankruptcy, Consumer Law and Landlord - Tenant for Kentucky on
Q: Did my landlord violate the automatic stay ?

I filled bannkrupy by myself may 17. Landlord was very much aware of my bankruptcy. Landlord filed evictions on me June the 7th with no premision from the court. I got served with eviction papers June 11. Landlord filed a motion to dismiss the eviction the day before eviction court but I still went... View More

James L. Arrasmith
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answered on Jul 2, 2024

Based on the information provided, it appears that your landlord may have indeed violated the automatic stay that goes into effect when you file for bankruptcy. Let's break this down:

1. You filed for bankruptcy on May 17.

2. The automatic stay goes into effect immediately upon...
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2 Answers | Asked in Bankruptcy for Kentucky on
Q: If I received a check from One of my debtors can I cash it during my bankruptcy

One of my credit card companies sent me a Check-in the mail twice That out of debt too

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 16, 2024

You don't say whether you're in a Chapter 7 case, with a trustee, or a Chapter 13, and that can make a difference.

The general rule is (e.g., for payments to you or tax refunds) is that the amounts attributable to prepetition accrual are part of the bankruptcy estate, and the...
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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I am considering a chapter 7 bankruptcy. Do i stop personal loan pymnt thru my bank or loan co? Do i tell my loan co?

I am not sure if i put a stop on the ach withdraw through my bank for $30 and not contact my loan company or do I send an email to my loan company and tell them, and revoke authorization? I don’t think I am supposed to tell them i am going to be filing bankruptcy?

Timothy Denison
Timothy Denison
answered on May 31, 2024

Don’t tell any creditor anything. Once you file, the deduction(s) will be automatically terminated. You don’t need to do anything. Consult your bankruptcy lawyer for a more detailed explanation of the automatic stay and termination of automatic withdrawals.

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2 Answers | Asked in Bankruptcy and Business Law for Kentucky on
Q: I believe my grandparents business was taken from them after they died. How do I find out

I have the tax permits from the building and it's got a account number on it. How do I find the records to see what happen. Also if my grandmother filed bankruptcy and her trustee was the lawyer Robert Cochran did he get her stuff after she passed

Timothy Denison
Timothy Denison
answered on May 15, 2024

Start with the Ky Secretary of State and tack down all their business filings. THen go to IRS and/or Ky Revenue Cabinet to obtain all tax filings. That should set you on the right path to determining what happened with their business.

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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I was put on my mothers car title when she purchased her lease buyout in 2022, I was removed in April 2024, an issue?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 11, 2024

Every case has context, i.e., a broader factual picture.

In your case, if you file for bankruptcy relief within the next two years, under the Bankruptcy Code, a trustee can look back and recover any transfer of property/value and recover that if the value lost is large enough to merit the...
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3 Answers | Asked in Bankruptcy for Kentucky on
Q: I filed bankruptcy 2 days ago and want to stop the process. Can this be done. I live in Kentucky.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 19, 2024

A caution- the Bankruptcy Code provides that conversion/dismissal of a case is addressed to the discretion of the Bankruptcy Judge, who will decide which path is in the "best interest of creditors".

Your post fails to indicate which Chapter of bankruptcy has been chosen (that can...
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2 Answers | Asked in Bankruptcy for Kentucky on
Q: CAN I KEEP MY CAR IF IT HAS A LIENHOLDER? I WANT TO KEEP THE CAR BUT GET RID OF THE LOAN WITH THE LIENHOLDER.

I OWN MY VEHICLE BUT USED IT AS COLLATERAL FOR A LOAN. I WANT TO GET RID OF THE LOAN IN THE BANKRUPTCY BUT WOULD THAT MEAN I LOSE MY ONE AND ONLY VEHICLE AS WELL?

James L. Arrasmith
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answered on Mar 26, 2024

If your car has a lien due to a loan where the vehicle was used as collateral, you generally can keep the car as long as you continue to make payments on the loan. When considering bankruptcy, whether Chapter 7 or Chapter 13, the specifics of your situation will largely determine if you can keep... View More

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4 Answers | Asked in Bankruptcy for Kentucky on
Q: Can I apply for a credit card if I have received my chapter 13 discharge but not my final decree?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 10, 2024

Of course, you can ask for anything, but in my experience, creditors are quite leery of recent bankrupt debtors.

All creditors, in my experience, will insist upon a Discharge first, and many will want to see the final Decree and close of your bankrupcty case before considering your...
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2 Answers | Asked in Bankruptcy for Kentucky on
Q: Can I see if a debtor included me in his bankruptcy

Case 3-20-BK 30379

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you can check if a debtor has included you as a creditor in their bankruptcy case. Here are the main ways to see if you've been listed in someone's bankruptcy filing:

1. Review the Debtor's Bankruptcy Schedules and Statements:

- The debtor has to file schedules...
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3 Answers | Asked in Bankruptcy for Kentucky on
Q: My house foreclosed a year and half ago. I'm getting a bill from an insurance company for 2700.00 what do I do.
Nick Curtis Thompson
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Nick Curtis Thompson
answered on Jan 25, 2024

The mortgage company normally pays the insurance during the foreclosure. I don't know if the insurance company is sending you the bill because you contracted for insurance or the insurance was forced placed and contracted for by the mortgage company. Either way, you normally are not liable for... View More

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: If I file bankruptcy in ky can they take my car if it’s my only means of transportation if their is a lien against it?
Nick Curtis Thompson
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Nick Curtis Thompson
answered on Dec 31, 2023

The creditor with a lien on it can take it regardless of whether it is your only means of transportation. They have an ownership interest in it if they have a lien on it. Also, anyone who sues you and places a lien on property can take it, whether it is a tax lien, IRS lien, student loan, or... View More

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3 Answers | Asked in Bankruptcy and Foreclosure for Kentucky on
Q: How do Stop A Foreclosure,When Miss A payment by Mistake when your in Chapter 13 Bankruptcy Program?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 10, 2023

When in an active bankruptcy case, especially a Ch. 13, there is an automatic stay of any actions against the property of the debtor's estate and/or the debtor, to collect a debt.

In order to proceed with a foreclosure case in a non-bankruptcy court, the foreclosing creditor must...
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2 Answers | Asked in Bankruptcy for Kentucky on
Q: Can a creditor of unsecured credit card debt file an adveseral proceedings against me? I have never filed for bankruptcy

Do creditors file adveseral proceedings against debtors who are behind to discourage someone filing bankruptcy

James L. Arrasmith
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answered on Nov 5, 2023

Creditors of unsecured credit card debt typically do not file adversarial proceedings if you have not filed for bankruptcy. Adversarial proceedings are part of the bankruptcy process, where a creditor challenges the dischargeability of a debt. If you're behind on payments, creditors may... View More

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: Bankruptcy and buy now pay later

I have filed bankruptcy but forgot to list my buy now pay later contracts. Should I tell my lawyer about those? Also, are those considered credit?

James L. Arrasmith
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answered on Nov 5, 2023

You should inform your lawyer about all debts and financial obligations, including "buy now, pay later" contracts. These contracts are typically considered credit agreements and should be disclosed in your bankruptcy filing. Failure to list all creditors can result in some debts not being... View More

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: AGREED ORDER EXTENDING DEADLINES FOR CASE TRUSTEE AND U.S. TRUSTEE TO FILE $727 COMPLAINTS AND MOTIONS FOR DISMISSAL FOR

On ore tenus motion of the debtor(s) and the trustee in the above styled cause to extend the deadlines for filing § 727 complaints and/or a motion to dismiss for abuse by the case trustee or the United States Trustee and the Court, having considered the same, finds for good cause shown that said... View More

Timothy Denison
Timothy Denison
answered on Jun 14, 2023

It means the court has enlarged the time and added 60 more days for anyone to file a motion to dismiss for abuse.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: In WV do i have to disclose my marital status? They are also asking for the name of previous spouse.
Timothy Denison
Timothy Denison
answered on Jun 7, 2023

Depends on who is asking and why. You do not have to disclose anything , although it may adversely impact your application if not disclosed.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: For purposes of FRCP 15, is an Answer a responsive pleading?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 15, 2023

Yes.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: How can I fine a lawyer to file bankruptcy
Timothy Denison
Timothy Denison
answered on Feb 8, 2023

Your local bar association or legal aid society can help you or you can research local bankruptcy attorneys online to find the right one for you.

3 Answers | Asked in Bankruptcy for Kentucky on
Q: We have $50,000 in debt that we may file Chp7 on, but we don’t want to file on a tractor we bought last year.

We would like to continue to make payments on it and keep it because we need it for our property. The home & 1 acre is in my name because I lived here before my husband and I married. We use the tractor for property maintenance and feeding our cows. (We have 2 that are being raised for our meat... View More

John Robinson
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John Robinson
answered on Jan 17, 2023

Great question, and one that I frequently field from potential filers. The John Deere Finance loan will have to be identified in the bankruptcy schedules. This ABSOLUTELY does NOT mean that you have to give up the tractor. There are multiple paths available to keep the tractor. One path,... View More

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