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Kentucky Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Collections for Kentucky on
Q: Bankruptcy or credit card question. Can I be arrested for not paying creditors?

Disabled senior citizen can't pay off credit card debt and need to file bankruptcy. I was told because I receive SSI, have no savings or checking account, own no property, no life insurance, on fixed income there would be no need to file bankruptcy. I closed accounts and destroyed credit... View More

David Earl Phillips
David Earl Phillips
answered on Feb 19, 2018

There is no debtor's prison. If there was, over 50% of Americans would be in jail. You may very well be judgment proof and not need a bankruptcy filing. It would still not hurt to talk with a bankruptcy near you to get an opinion and to see all of your options. Most lawyers offer a free... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: If I file chapter 13 without my husband attached, will he lose his law license?
David Earl Phillips
David Earl Phillips
answered on Jan 31, 2018

I am not aware of any situations where your chapter 13 would impact your husband's law license. Talk with your local bankruptcy lawyer and I am sure they would know if that is a problem. I have never heard of that happening in over 30 years of bankruptcy practice so I would not worry about it.... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Is there anyway after filing Chapter 13 bankruptcy in Kentucky that you can get back your tax return

we are behind on a fews bills and are depending on it

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

Only if your Chapter 13 is a 100% repayment plan. Otherwise, the Trustee keeps the proceeds and disburses it pro tara to the unsecured creditors in your case.

1 Answer | Asked in Business Law, Contracts and Bankruptcy for Kentucky on
Q: If a business goes bankrupt, is there still something you can do seven years later?

We out grew our old church and built a new one 7 years ago. The primary contractor went bankrupt while building our church. It cost $3 million dollars; however, it is definitely not a $3 million dollar job! We have had MANY problems because of "shotty" work, lesser quality materials,... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

If you were listed as a creditor in the bankruptcy seven years ago the contractor was discharged, your opportunities died with the discharge. If you were not listed as a creditor, then you may take action against him.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: My Bankruptcy was discharged back in 2012. One of the things Included in my BR was a credit card that my mother was a

Co signer on. The bank never tried to collect the debt from my mother until 5 years later when they noticed the error. Can they legally still go after her?

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 11, 2018

Yes. Co-signors are still obligated to pay a debt, even if the original debtor received a bankruptcy discharge.

Information provided for informational purposes only and should not be taken as legal advice.

2 Answers | Asked in Bankruptcy, Car Accidents, Collections and Small Claims for Kentucky on
Q: How can I stop a wage attachment
David Earl Phillips
David Earl Phillips
answered on Dec 24, 2017

See a Bankruptcy lawyer near you. Stopping a wage attachment is something that comes up in a lot of bankruptcy cases and can be dealt with very quickly. A bankruptcy lawyer can look over your entire situation and see if bankruptcy would be a good option. There may be other ways to deal with this... View More

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: My credit report shows my car loan was discharged in my chapter 7 bankruptcy but I did not include it, am I still liable

My mom was a co-signer on this loan and that’s why it was not included on my bankruptcy. It shows no balance on her credit report for the car either plus it shows it was under chapter 7 bankruptcy on her credit to. Can she be held liable for the car ?

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

Yes she can if she did not file bankruptcy. If you did not include it in your schedules as an asset or a liability, you may need to amend your schedules to reflect that and continue to pay for the car.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can I still file bankruptcy if my ex wife's name is on the mortgage and deed to? She said she doesn't want it
David Earl Phillips
David Earl Phillips
answered on Oct 23, 2017

Yes, you can file bankruptcy even if your ex-wife is on the deed and mortgage. Of course, you have to qualify to file and your bankruptcy would not get rid of any obligation your ex may have on the property. She would have to file her own bankruptcy if that was an issue. See a bankruptcy lawyer in... View More

3 Answers | Asked in Bankruptcy for Kentucky on
Q: Do I have to go to court for bankruptcy
Nels Hansen
Nels Hansen
answered on Oct 14, 2017

If you are the debtor, you will have to attend the 341 meeting of creditors. The meeting will be conducted by the Trustee. In a chapter 13 you may have to attend the confirmation hearing of your plan.

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Is it better to file bankruptcy or let a trailer go back
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Oct 24, 2017

Trailers are the very worst way to purchase a home. It is almost always better to let the trailer go back and to purchase a home which increases in value over time. A Trailer always depreciates in value. If it is all you can afford I understand it. But the payment is rent and eventually it falls... View More

3 Answers | Asked in Bankruptcy and Divorce for Kentucky on
Q: Does bankruptcy discharge maintenance obligations?

Court ordered payment of back owed maintenance.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 9, 2017

Domestic support obligation are not discharged

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4 Answers | Asked in Bankruptcy for Kentucky on
Q: Does bankruptcy discharge child support obligations?
David Earl Phillips
David Earl Phillips
answered on May 16, 2017

No, it does not discharge child support obligations. You may be able to pay back arreages in a chapter 13 plan. Talk with a bankruptcy lawyer to see if chapter 13 might be a good option. Good luck!

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can you file chapter 7 on federal income taxes
Brandon Voelker
PREMIUM
Brandon Voelker
answered on Mar 28, 2017

Yes, there are very specific rules, but first and foremost, that you filed all returns timely and they were not fraudulent. You should contact a bankruptcy attorney to discuss your specific situation.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can you file chapter 7 on fed taxes
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Mar 5, 2017

Yes. There are 6 factors. FIRST the taxes must be at least 3 years old. SECOND you must file the returns at least 2 years before filing the bankruptcy. Third there must be no assessment within 240 days before the bankruptcy. Fourth filing any bankruptcy filed within the 3 year period will... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: If I file for bankruptcy can they take my semi away? Driving is my only source of income.
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Nov 14, 2016

There is an anti discrimination provision of the bankruptcy code. You never lose a professional license just because you filed bankruptcy. There may be some other reason such as an unpaid traffic violation or you didn't pay for the truck and they repossessed it. But if you lost the truck... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can a creditor listed in a bankruptcy add a derogatory closed account to your credit after the case is finalized?
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Nov 9, 2016

Generally since you don't owe the account any longer you can not be overdue. A correct listing should be account closed. You will have to correct this with the credit bureaus however.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: I filled bankruptcy in 2009 I filled on my 2 nd mortgage but I've been paying it can I stop paying it

The interest

Has gone crazy I can't pay it

Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Nov 9, 2016

Filing bankruptcy gets rid of your personal responsibility for the debt however it does not get rid of the mortgage unless you stripped the 2nd mortgage. Did your attorney talk to you about how this is done in a Chapter 13. Often if a second mortgage can be stripped and eliminated a Chapter 13... View More

1 Answer | Asked in Bankruptcy, Collections and Family Law for Kentucky on
Q: If husband files bankruptcy am I, his wife, liable for his medical debts
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Nov 9, 2016

No not unless you signed to be liable for them.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: I filled bankruptcy on my second Line of mortgage but I still payed it now the interest has gone up and I can't pay

Just want to no what we I'll happen if I can't pay any more

Lamya A. Forghany
Lamya A. Forghany
answered on Jan 22, 2016

If you filed bankruptcy and you included your 2nd MTG in it, then you are not financially obligated to pay it. However, this can impact your home. You should call your bankruptcy attorney to help you.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can I list an expected tax check under assets to prevent it from being intercepted when filing ch.7 bankruptcy?
Lamya A. Forghany
Lamya A. Forghany
answered on Jan 22, 2016

Yes you can. Depending on your state exemptions, you can exempt any anticipated tax returns. I would call a local attorney to help you through the process and make sure that is the case for your district.

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