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Mississippi Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Mississippi on
Q: I need help in finding legal aid to file for bankruptcy

I am unemployed.

Timothy Denison
Timothy Denison
answered on Nov 29, 2018

Contact your local bar association or local legal aid society. They will assist you.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: My disposable income will change on Jan 1 for three years. How/when do I file? Will trustee take changes into account?

Live in government run retired military home (Armed Forces Retirement Home – independent agency of the Executive branch). Announced a HUGE fee increase. Fees to go from $1458 to $3054 a month. Aggressive letter writing campaign – Congress ordered three years phase in. (Ordered by law – in the... View More

Timothy Denison
Timothy Denison
answered on Nov 23, 2018

You lost it in your petition and explain the increases. The trustee will take it into account.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I've filed for chapter 13 and have been paying on it for over two years. I kept my vehicle but would like to sell it or

trade it in. Can I and how would I do that?

Timothy Denison
Timothy Denison
answered on Sep 29, 2018

You need to get permission to do that from the court.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Will my pension be considered an asset if I file for bankruptcy?
Timothy Denison
Timothy Denison
answered on Jun 4, 2018

Yes. However, you may protect it by using one of your exemptions for certain property.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Recently gave a house I owned to daughter. I still own my residence with a loan on I can repay

I just have another personal loan i just cannot pay it has no Collateral. my car is paid for as well as all my credit cards i am a widow with VA check benefits on my deceased spouse who i get benefits on related to agent orange in Vietnam. Can I still keep my Veterans benefits and able to file... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Apr 9, 2018

The VA benefits are not an issue. However, your giving the home to your daughter is an issue, and a trustee may be able to sell the property to pay your creditors.

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

1 Answer | Asked in Family Law and Bankruptcy for Mississippi on
Q: if being sued for restitution of medical bills can u file bankrupecy to keep from paying restitution
Baskin Lowber Jones
Baskin Lowber Jones
answered on Mar 20, 2018

Medical bills should be dischargable in bankruptcy. Consult a Jackson Bankruptcy attorney.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I was wondering if I filed chapter 13 bankruptcy could a loan company repo the collateral that was used for the loan
David Earl Phillips
David Earl Phillips
answered on Mar 10, 2018

Your chapter 13 plan may be able to avoid the lien on the property or provide for treatment of the items as secured. Either way, you should be able to keep the collateral. See a bankruptcy lawyer near you and they will be able to determine your best options. Hope it works out. Good luck!

1 Answer | Asked in Bankruptcy and Consumer Law for Mississippi on
Q: Looking into buying a vehicle that was in bankruptcy.. owner has no title bankruptcy has been discharged..
Randall R. Saxton
Randall R. Saxton
answered on Feb 15, 2018

The owner will need to contact the lender to see if the lender will release the title. The lender is not required to do so if their lien was never paid.

1 Answer | Asked in Bankruptcy and Child Support for Mississippi on
Q: What can I do if my Ex and his wife filed a chapter 13 which has stopped my accrued child support payments significantly

The last payment from garnishment was in June 2017. I was told by the trustee that after I filed my proof of claim I would receive retroactive payments on the first check. I received the first check in December 2017 without the full retroactive amount. The second payment came in January 2018. I was... View More

Robert Gambrell
Robert Gambrell
answered on Feb 20, 2018

You should contact the MS Department of Human Services, Child Support Collection Division to determine if you can get free assistance with the collection of child support.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I filed an apartment under bankruptcy 5 years ago can I reapply at the same apartment?
Randall R. Saxton
Randall R. Saxton
answered on Jan 25, 2018

Yes, you may reapply, but whether you are accepted will depend upon that company's policies.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I was discharged in October, and I haven't worked since October 31 due to surgery, and now behind on car note.

I have no income coming in at for the last three months. I filed the car on bankruptcy, but reaffirmed loan.

Randall R. Saxton
Randall R. Saxton
answered on Dec 26, 2017

If you secure a source of income, you could catch up the car payments that are behind through a Chapter 13 plan.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: What is a partially avoiding lien order on personal property. After chapter 7

It was a hospital bill

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 19, 2017

See this link for a full explanation:

https://wassonthornhill.com/the-judgment-liens-that-can-be-avoided-from-your-homes-title/

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

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I am on Chapter 13 bankruptcy. I just had a baby and struggling. Can you get a personal loan while im on bankruptcy
Randall R. Saxton
Randall R. Saxton
answered on Dec 18, 2017

Yes, if the lender agrees, you can either pay the post-petition debt outside of your plan or request court approval for the debt to be added to your plan.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I am supposed to pay a bill by the end of the month to an attorney can I still file bankruptcy and stop that?
Robert Gambrell
Robert Gambrell
answered on Feb 20, 2018

Assuming that the bill is a payment on a debt for previous work performed the lawyer, the automatic stay that will go into place once you file for relief under the bankruptcy code will preclude any collection activity except for some types of collection for child support or alimony and collection... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Landlord - Tenant and Employment Law for Mississippi on
Q: i recently got a garnishment notice from my employer but i never was served any court papers for the lawsuit

if i got to the court to have my hearing done again can the creditor ask for additional money ?

Randall R. Saxton
Randall R. Saxton
answered on Nov 11, 2017

Yes, you could be charged for the creditor’s additional attorney fees if you are found to owe the debt.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If i file bankruptcy with llc & I have credit card debt, will it be discharged or will I be personally liable for debt

Amex, citi, chase ink, us bank business cards. Will the business credit be discharged

Baskin Lowber Jones
Baskin Lowber Jones
answered on Oct 9, 2017

You will likely need to speak with a Mississippi Attorney in a private consultation for the answer to your question.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: What is a written responsive pleading

Trustee says i have to pay past due amount on my bankruptcy or do a written responsive pleading. I dont know what that means

David Earl Phillips
David Earl Phillips
answered on May 27, 2017

If you are in Chapter 13 and the Trustee has filed a Motion to Dismiss your case for non-payment, then you can either get the money to the Trustee that is needed to bring your Plan current or file a written response to the Motion to Dismiss that explains to the Court why you are behind in payments... View More

2 Answers | Asked in Bankruptcy for Mississippi on
Q: I am considering bankruptcy, but I'm not sure if I qualify. I am currently 60 or more days past due on bills.

I have tried to consolidate my bills without success. I have creditors calling threatening wage garnishment and being sued. What do I need to do to find out if I qualify for pro bono help?

Randall R. Saxton
Randall R. Saxton
answered on Mar 29, 2017

You should contact a local bankruptcy attorney for a free consultation.

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: Disabled daughter files bankruptcy on government housing loan will she owe the IRS

Husband passed away after the loan was made she struggled can no longer make payments three children receiving Social Security benefits oldest child 18 will no longer receive benefits

Randall R. Saxton
Randall R. Saxton
answered on Feb 23, 2017

No. Debts discharged in a bankruptcy proceeding aren't usually considered taxable income.

1 Answer | Asked in Bankruptcy and Small Claims for Mississippi on
Q: can bankruptcy take my settlement money if I filed bankrupcty 4 years before ?
Randall R. Saxton
Randall R. Saxton
answered on Feb 7, 2017

Up to $10,000 in personal injury awards are exempt per Miss. Code Ann. § 85-3-17

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