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Maryland Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Maryland on
Q: I want to file Chapter 7 Bankruptcy in MD. I co-signed for my sister's car. Can I include that, will it affect her?
Timothy Denison
Timothy Denison
answered on Oct 21, 2019

Yes. She will have to pay for the car or they will repossess it. As long as she pays as agreed, no adverse effect on her.

1 Answer | Asked in Bankruptcy and Collections for Maryland on
Q: I have a 2nd mortgage discharged in a Chapter 7 bk in 2011 in Maryland. Is there a statute of limitations on this?
Timothy Denison
Timothy Denison
answered on Oct 12, 2019

Statute of limitations on what?

1 Answer | Asked in Bankruptcy for Maryland on
Q: I filed a Ch13 in NYS but since moved to MD. The income means are higher in MD. Am I able to switch my Ch13?

Would I have to have the Ch13 in NYS dismissed and then refile in MD? The payments to the trustee are too high. I'm struggling to pay it. Also, I owe student loans. I Am planning on going back to college. You do not have to pay back student loans while you are in school at least half... View More

Timothy Denison
Timothy Denison
answered on Jul 10, 2019

You can dm your 13 in NYS and refile in MD once you meet the residency requirement. Probably should enroll now and get deferment status in place before you file in MD.

2 Answers | Asked in Bankruptcy for Maryland on
Q: How do you find out the name of the lawyer who filed for your relatives bankruptcy if you are in closing on family home?

I am selling family home. Brother refused to give me the lawyer name who filed the bankruptcy so I can make sure it was not added to bankruptcy case?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 3, 2019

Unless sealed by a judge, all documents in a bankruptcy case are available to the public. Call the BR court.

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1 Answer | Asked in Bankruptcy for Maryland on
Q: under bankruptcy chapter 13, I am filing but my wife is not. The home we own, would I have interest in 50% for filing

I have completed my schedule A/B and other forms that are due tomorrow. I just need to know if I place only my 50% interest on my schedule a/b as this drives my answers for schedule c exemptions and other docs as you know. I would appreciate any feedback but I don't have time to discuss... View More

Timothy Denison
Timothy Denison
answered on May 29, 2019

You have to list the house as an asset in which you have a 1/2 undivided interest in the bankruptcy petition. But if you’re filing a 13, it’s a repayment plan so none of your assets should be in jeopardy.

3 Answers | Asked in Bankruptcy for Maryland on
Q: How long does it take for everything to disappear after filling bankruptcy ?
Timothy Denison
Timothy Denison
answered on May 29, 2019

It doesn’t disappear ever. When a Chapter 7 is filed, the automatic stay is created. If the 7 goes to fruition, debts are discharged in about 90 days. If it is a Chapter 13 repayment plan, it can be up to five years.

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3 Answers | Asked in Bankruptcy and Traffic Tickets for Maryland on
Q: Can bankruptcy get rid of ezpass tickets ?
Timothy Denison
Timothy Denison
answered on May 29, 2019

Yes, if you haven’t been charged criminally.

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3 Answers | Asked in Bankruptcy for Maryland on
Q: I have stopped making payments - for 4 mo. on credit card & medical debt - about 15,000. in debt. If they file judgement

& I die - can they take my life insurance of 10,000. for which my son is beneficiary? He is not on any of my accounts, but would be my executor to my estate - which is worth very little.

Timothy Denison
Timothy Denison
answered on May 5, 2019

No. The life insurance passes outside the estate directly to your son as beneficiary. It is safe.

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3 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Q: Question about 5-101 Maryland. Where does the 3 year date start? It says from the date it accrues?
Terrence M. Nolan
Terrence M. Nolan
answered on Apr 5, 2019

The beginning of the measuring period is the date you knew, or should have known, of the wrong. It is generally 36 months for contracts and civil lawsuits. There are exceptions: in some cases measuring years are shorter (one year for assault and battery) and longer (12 years) for contracts under... View More

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1 Answer | Asked in Bankruptcy for Maryland on
Q: Do you have any Pro Bono in my area or other parts close by for me to talk to and start this action?

I've called and left messages to one of the legal aid but no one has gotten back to me yet. Meanwhile looking else where or online to check other pro bono legal help, some law firms show to file bankruptcy only $500. I know that's a scam. If you know of any please by all means email me!... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 21, 2019

Legal aid will help you prepare the documents, but probably will not be able to adequately advise you the same way an attorney would and does not actually represent you. You might end up being ok filing yourself, but so many things can go wrong that you wouldn't know about in advance. I highly... View More

2 Answers | Asked in Bankruptcy for Maryland on
Q: If I get a pro bono attorney that can take my case of credit cards for no charge, can they stop the creditors quick?

As I said before I received a summons on Tuesday and have till June for court, can pro bono stop the other creditors or contact them that I'm filing bankruptcy because I have no funds to pay them. What really saying can they stop them right away or its gonna take months before they contact the... View More

Timothy Denison
Timothy Denison
answered on Mar 21, 2019

The creditors harassment will stop immediately upon filing the petition, regardless of who filed it for you.

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1 Answer | Asked in Bankruptcy for Maryland on
Q: I have received one summon this week and on first page it says return by 4-11-2019, the court date is in June ?

What does that mean, and how long will the other ten closed accounts be after me to do the same thing? Should I look into filing bankruptcy to rid the rest of closed accounts with a pro bono legal aid someone that doesn't charge to take your case?I have no money to pay high price chapter 7 and... View More

Mark Oakley
Mark Oakley
answered on Mar 24, 2019

The return date is simply the date by which the summons must be returned as served on you by the plaintiff, or it expires and they must have a new summons issued. If that happens, the trial date may also change. If this is a suit for debt, and you owe a lot more, then yes you should consider... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: File Chapter 7 Bankruptcy can automobiles be placed on Schedule C: The Property You Claim as Exempt in State of Maryland

I am filing Chapter 7 Bankruptcy in the state of Maryland, trying to protect primary vehicle that has lien from Navy Credit Union and need to know what schedule do I list the car and where do I add the Wild Card

Personal property under federal bankruptcy exemptions

$5000 (applies... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2019

Car goes on schedule A/B and Exemption goes on Schedule C.

1 Answer | Asked in Bankruptcy for Maryland on
Q: What schedule does person filing chapter 7 bankruptcy add the Maryland Wild card exemption 4 protecting vehicle in MD

Trying to protect vehicle that is Primary used for work from Chapter 7 Liquidation by Bankruptcy Trustee in the State of Maryland. On what form do I add the Maryland Wildcard exemptions MD Code Ann. C & JP § 11-504(f), & MD Code Ann. C & JP § 11-504(b)(5), is it the Schedule C? Please advise...

Timothy Denison
Timothy Denison
answered on Mar 10, 2019

Schedule C

2 Answers | Asked in Bankruptcy, Consumer Law and Family Law for Maryland on
Q: I have a bankruptcy chapter 13 question please?

I have a chapter 13 that I finished paying in April 2018 and one of the creditors has been unreachable and they cannot send the payment to them so the Trustee will not close the case or discharge it until this happens, but in the meantime I am in need of buying a new car and nobody will give me... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 8, 2019

The Chapter 13 Trustee could escrow the funds with the Court, and allow your Discharge. I would look into that option

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1 Answer | Asked in Bankruptcy for Maryland on
Q: Timothy Denison: I bought a car in June 2018 for 500. I chg’d some repairs- Goodyear acct. Bal. is 1500. Can they put

a mechanics lein on my car?

You have been extremely helpful giving me vital advice for this complicated (for me) matter. Many, many thanks. I think this is the last question.

Timothy Denison
Timothy Denison
answered on Feb 2, 2019

If you charged them to your account, the answer is no. Usually, they will just keep the car until the repairs are paid, so if you have the car, it’s just an unsecured debt.

1 Answer | Asked in Bankruptcy for Maryland on
Q: To Timothy Denison Can they go after my son or his fiancé whose joint property I will be living on in Florida. Thank u
Timothy Denison
Timothy Denison
answered on Feb 1, 2019

No, not unless the property is in your name.

1 Answer | Asked in Bankruptcy for Maryland on
Q: To Timothy Denison Thanks for your help. You said my creditors could garnish my wages. My wages are from Social Sec.

I have a car worth about $500.00 and used second hand furniture with very minimal value. I have little else. Can my creditors garnish my Social Security (I get $1,470.00 per

month - net).? Can they possibly attach what little personal property I have?

Timothy Denison
Timothy Denison
answered on Feb 1, 2019

You have certain exemptions under state law which can protect your property. They CANNOT garnish your social security.

1 Answer | Asked in Bankruptcy for Maryland on
Q: To Timothy Denison: Thanks for your reply. If I wait until I get to Florida to file bankruptcy:

• How do I prove residency to show

the 180 days?

•. If they sue me during the non-

Payment period, what legal action

can they take against me?

Timothy Denison
Timothy Denison
answered on Feb 1, 2019

Apply for a Florida license as soon as you get there. Issue date is proof. Same with utilities. Establish as soon as you get there. You have to certify on your petition under penalty of perjury that it’s true. If and when they get a judgment, they can garnish your wages and attach your real... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: I live in MD & plan to move to FL 6/30/19. I have paid my creditors to date, and plan on filing bankruptcy in FLorida.

That would be in about 8 months.

(Need time to get settled & all).

So:

What action could my unsecured

Credit cards companies & medical bills take against me in that 8 months, if I stop paying now. (No payment starting February)?

Can they go after my... View More

Mark Oakley
Mark Oakley
answered on Feb 2, 2019

They can sue you, but they cannot sue or get a judgment against anyone other than you if the debt is just yours. They cannot use a judgment against you to attach assets belonging to someone else. Most creditors do not file suit that fast after stopping payment. The debts get transferred to debt... View More

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