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Kentucky Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Kentucky on
Q: I am considering bankruptcy for my debts. My home is in foreclosure. I am hesitant because I am included in a corp

The corporation is with my parents and brothers and we own some rental homes. There is not much equity there and we owe on each home.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 22, 2015

If you were to file for bankruptcy protection, your interest in the corporation would be considered an asset of the bankruptcy estate. That interest (shares) could be sold and the proceeds used to pay your debts.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: If I was discharged from Ch. 7 in 2010 can I be billed 5 yrs later for a utility??

I filed Ch 7 in 2009 and was discharged in 2010. I recently got a statement from a utility company that said that I owed an outstanding balance from a date prior to my even filing bankruptcy. I was given the option to pay the balance or have my service disconnected so I unfortunately had to pay... View More

David B. Levin
David B. Levin
answered on Sep 14, 2015

If the debt was discharged in bankruptcy, later collection action on that debt violates the bankruptcy discharge order. Creditors who violate the discharge order may be sanctioned by the bankruptcy court. Talk to a consumer lawyer in your areas who handles bankruptcy discharge violations to... View More

2 Answers | Asked in Bankruptcy for Kentucky on
Q: Can a spouse file bankruptcy without the other spouse's consent or knowledge?
Justin Lee Lawrence
Justin Lee Lawrence
answered on Oct 15, 2014

If I understand your question to be: Can one spouse file a bankruptcy only for him- or her-self without the other spouse filing or knowing about it, then the answer is yes. Even when married, only one spouse needs to file. The other spouse is not part of the bankruptcy and the other spouse's... View More

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can I see the complete docket that a company has filed in bankruptcy court such as professional retention

I want to see if my name is on the list for employment retention. How do I do that

Justin Lee Lawrence
Justin Lee Lawrence
answered on Nov 3, 2014

Yes, a bankruptcy filing is public record. However, the employment retention information may not be filed with the court. It depends on the status of the case and the particular requirements for that court.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: what is chapter 7
Justin Lee Lawrence
Justin Lee Lawrence
answered on Oct 15, 2014

That's a really broad question and I could talk your ear off for an hour giving you the answer.

Basically, a Chapter 7 is a bankruptcy where you discharge all your unsecured debt but do not get rid of secured or priority debt. It is possible to lose property in a Chapter 7 if the...
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1 Answer | Asked in Bankruptcy for Kentucky on
Q: can a car lot come and take your lis. plates off your car if you put that car on your bankruptcy?
Justin Lee Lawrence
Justin Lee Lawrence
answered on Nov 3, 2014

No. If you've filed bankruptcy, tell your attorney immediately. I think you can threaten them with an adversary action for violating the automatic stay.

Here is more information about the automatic stay: http://www.lawrencelaws.com/what-is-an-automatic-stay-and-how-does-it-affect-me/

1 Answer | Asked in Bankruptcy for Kentucky on
Q: I filed for Chapter 13 bankruptcy todaycan my home be auctioned on the date which has been set for Apr 8th?
Justin Lee Lawrence
Justin Lee Lawrence
answered on Nov 3, 2014

If the master commissioner had notice of your bankruptcy, then it should not have been sold. If the master commissioner did not get notice, then the sale may have occurred anyway. If that happened, then the sale is final and the home is lost. Hopefully you got notice to the master commissioner... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can I collect on a debt if

I received a notice from the bankruptcy court saying that an order was entered denying the discharge of the debtors. Does this mean that I, as a creditor can attempt to collect on the debt

Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

If the Bky was dismissed you can resume your collection efforts.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can I file bankruptcy on attorney fees I owe my ex wife?
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

If there was no Child/Sposal Support granted, it is dischargable. However, if the fees were incurred in the pursuit of support or are noted to be "in the nature of support" No.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can i avoid being responsible for a judgement from family court by filing bankruptcy?

Family court judge ordered me to pay my ex-wife's attorney fees. Will filing bankruptcy rid me of this responsibilty?

Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

If there was no Child/Spousal Support granted, it is dischargeable. However, if the fees were incurred in the pursuit of support or are noted to be "in the nature of support" No.

If there was no Child/Spousal Support granted, it is dischargeable. However, if the fees were incurred...
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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Do I need a bankruptcy lawyer if I receive SSI benifits in Kentucky?
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: There is no way I can afford to pay my debts on SSI benifits so how do I resolve debts and stop harrassing collectors?
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

Fees vary case to case based upon the amount of work required. Chapter 7 cases generally start at $1,500 for an experienced Bky atty. Chapter 13 cases start at about $2,500. Some attorneys, like myself offer specials and discounts. The Filing fee for a Chapter 7 is $306, for a 13 it is $281. If... View More

2 Answers | Asked in Bankruptcy for Kentucky on
Q: I won a civil judgment. My lawyer is deposing couple this week but expects bankruptcy. How can I prevent discharge?
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

A: Unless there is unexempt property, usually a Creditor does not receive payment. Even when something is unexempt and administered, Creditors generally only get pennys on the dollar. Unless you can show some fraud in the granting of the loan and have your loan declared nondischargable, the most... View More

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Worked out a loan modification thru our attorney and lender.Lender backed out at last minute. do we need a new attorney?

We had a balloon mortgage. it matured and the bank would not refinance. we filed bankruptcy to try to save our home. The lender came up with a proposal and we agreed. We had a phone conference to finalize everything and at that point the bank backed out. Our attorney had no clue this was going to... View More

Justin Lee Lawrence
Justin Lee Lawrence
answered on Nov 3, 2014

Probably not. Lenders are ridiculously flaky like that. If you are in bankruptcy and making mortgage payments, then the automatic stay is protecting your home.

Here is some information about bankruptcy's effect on foreclosures:...
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4 Answers | Asked in Bankruptcy for Kentucky on
Q: We have approximately $70,000 in unsecured debt. I want to file bankruptcy is there a cutoff on what you can make?
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: What do i have to do to get my money for hours i worked for a company that is now in chap 7 bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

You should file a Proof of Claim in the bankruptcy case. This form should have been provided to you with the Notice of Bankruptcy. Depending your priority as a Creditor and if the Debtor has any property to be administered, you may receive something. Wages are consider a high priority.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can my ex husband get chapter 7 bankruptcy on a default divorce decree where judge ordered to pay loans not in his name?
Andrew Bresalier
Andrew Bresalier
answered on Jan 19, 2012

Unless the Family Law Court Ordered, or it was placed in the Dissolution Agreement that the debt was "in the nature of support" it can be Discharged in a Bankruptcy.

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