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Nebraska Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Nebraska on
Q: How doninappeal and stop my replevins order?

I was never served. Bank changed attorneys and didn't notify me. I missed court date

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2024

Under California law, you have options to challenge a replevin order, even if you weren't properly served. Missing a court date due to improper notice or service can be grounds for setting aside the judgment.

Your first step should be filing a motion to vacate or set aside the replevin...
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2 Answers | Asked in Bankruptcy for Nebraska on
Q: Chapter 7 bankruptcy in inherited

I became disabled. I need to file chapter 7 bankruptcy. I am about to receive inherited money in new few months. The problem is i owed more than I will receive. don’t know what to do. can someone help

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 19, 2023

As you may know, there is a provision in the Bankruptcy Code that would include assets you receive by inheritance within six months of your inheritance. In other words, kiss your inheritance goodbye.

You don't include any real facts, like, amouts of debt or probable amount of...
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1 Answer | Asked in Bankruptcy and Consumer Law for Nebraska on
Q: What needs to be met/included in a complaint against a creditor for violating the automatic stay?
Timothy Denison
Timothy Denison
answered on Feb 9, 2022

The creditor and his or her lawyer.

1 Answer | Asked in Bankruptcy and Consumer Law for Nebraska on
Q: The bank closed my account I want to know can I open an account in another bank or no??

Some body told me that want help me financially and just asked me to buy something for her then she will give me 300$. She asked me for login and then did a quick deposit for 3300$, the bank returned the money to her but blocked my account for that reason.

Timothy Denison
Timothy Denison
answered on Feb 5, 2022

You should be able to open an account at another bank.

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Can you file bankruptcy on an overpayment made by disability?
Timothy Denison
Timothy Denison
answered on Aug 29, 2021

No.

2 Answers | Asked in Bankruptcy for Nebraska on
Q: My ex husband filed chapter 7 bankruptcy. What happens to our mutual debt with both of our names on it?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 16, 2020

His obligation to repay that debt is/will be discharged. Your joint obligation to repay will not be discharged, so you're still on the hook for the whole debt.

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for Nebraska on
Q: Can my landlord evict me for filing for bankruptcy if I am current on rent payments?

I intend to continue being paying rent in full and on time.

Stuart Nachbar
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Stuart Nachbar
answered on Sep 19, 2020

No, as long as you are current, remain current and marked in your petition your intent to reaffirm your rental lease

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1 Answer | Asked in Bankruptcy for Nebraska on
Q: How can I stop collection agents from calling. I’m on disability. I got myself in a financial mess. Bankruptcy?

I have over$8000.00 in debt. My total income is $970.00 a month. I’m struggling terribly. Please help.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 9, 2020

Bankruptcy would definately help you. I strongly urge you to consult counsel in your area

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Elderly mom forgetting to pay bills. Should she file bankruptcy.
Julie Fowler
Julie Fowler
answered on Feb 11, 2020

Bankruptcy is generally for an inability to pay the overall debt, not so much a matter of being unable to keep track of paying bills on time. If a party is having difficulties managing their finances and keeping track of their bills, there are a lot of options. Sometimes a family member or... View More

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Elderly mom forgetting to pay bills. Should she file bankruptcy
Timothy Denison
Timothy Denison
answered on Feb 9, 2020

Depends on many factors, largely her financial situation. You may want to consult a bankruptcy attorney, although I would consider a Power iof Attorney or disability guardianship as well.

2 Answers | Asked in Bankruptcy for Nebraska on
Q: I told my lawyer I didn't want to reaffirm my car loan. Is it too late to change my mind after the bankruptcy is final?
Timothy Denison
Timothy Denison
answered on Aug 26, 2019

You can file a motion to reopen and reaffirm if the lender is in agreement.

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1 Answer | Asked in Bankruptcy for Nebraska on
Q: I filed bankruptcy to avoid foreclosure on my property,now my attorney says I need a different attorney for this,do i?

I explained to him what I wanted /needed,I paid the fee, I don't understand, why I need another attorny,do u,,chapter 13 is suppose to help me reorganize I thought

Timothy Denison
Timothy Denison
answered on Jul 6, 2019

More information is needed to answer this question. Is he suggesting a foreclosure attorney to defend the action? The stay is in place unless the Court has terminated it.

1 Answer | Asked in Bankruptcy for Nebraska on
Q: When filing a proof of claim, and there is a Priority Unsecured debt, a student loan, what is the code to use 507a__?

We are a community college. I was filing a Proof of Claim that had a portion with a student loan. What code do I use on the claim under Priority Unsecured debt 507 (a) ____ or do I need to use 523 (8) (a)? The online form defaults to 507 (a)___.

Timothy Denison
Timothy Denison
answered on Jan 27, 2019

11 USC 523(8)(a)

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Hello, my husband and I filed a chapter 13 bankruptcy in April of 2016 with our family farm operation

We did this so that we could continue to operate our farm and pay back our operation loan to our creditor. Now we are working on taking our the family operation and are looking at getting an operating loan and wondering what to do and where to go? I have been keeping track of our credit scores... View More

Timothy Denison
Timothy Denison
answered on Jul 30, 2018

Challenge those erroneous entries on your credit report and unless the creditor can prove the delinquency, it should come off your report. Then you should be able to obtain an operating loan with the permission of the bankruptcy court.

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Do I get my last arranged payment back, since I filed bankruptcy before last payment came out?

I filed on Dec 13. Prior to this I made arrangements with a collector to have $50 come on the 15th of each month. I did not personally inform them of my bankruptcy until the 19th, when I saw the payment come out. They have now cancelled the remaining payments. Do I get the $50 back that came out... View More

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

They should send that back, call and ask them.

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

1 Answer | Asked in Real Estate Law, Bankruptcy, Family Law and Landlord - Tenant for Nebraska on
Q: How can I take over my childhood house?

My parents owned the home but we're letting the bank foreclosure on my childhood home because of bankruptcy . So I started to make the mortgage payments to try to get it put into my name for my new home, but now the bank is talking about for taking about foreclosing on me/her (my step mother).... View More

Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 24, 2017

You should save the payment money and approach the bank to take over the loan. Yet, the bank in not likely going to be able to talk with you about it since your not on the loan. Making payments may take your dad out of default but you won't get any credit for the property and your just helping... View More

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Bankruptcy fonalized june 19th got discharge papers june 24th. Rent tonown company has sheriff servong papers to pickup

their stuff. Can they do that. Judge set the case for june 19th but didnt sign paperwork til june 23rd. Sheriff isnjust now serving me the papers and wants to take stuff with them. They did fine a relief from stay about 1 month ago or so

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 11, 2015

Well, did the judge lift the stay or not? That is just the first question that I have, and I am sure a local bankruptcy attorney would have many more in order to answer this question.

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Do I need a bankruptcy lawyer?

$37,000 in credit card debt. Annual income is $30K. Fixed income. I'm a mortgage payer. Maybe $10K of equity in the house. I own a 1998 VW Jetta. Age 49, on SSDI, paying $10K in health costs annually.

Andrew Bresalier
Andrew Bresalier
answered on Feb 5, 2014

A: 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.

Debt is not the only thing to look at when considering...
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1 Answer | Asked in Bankruptcy for Nebraska on
Q: I was given a objection on a bankruptcy case. How can I get a copy of the joiurnal entry given to me?
Andrew Bresalier
Andrew Bresalier
answered on Feb 5, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket (Journal), you can print copies of the pleadings. Amongst the pleading... View More

1 Answer | Asked in Bankruptcy for Nebraska on
Q: I am contract labor. The company filed for bankruptcy. How do I get my back wages?
Andrew Bresalier
Andrew Bresalier
answered on Feb 5, 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 pennies on the dollar. Unless you can show some fraud, the most you can do is file a Proof of Claim and pray.

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