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Pennsylvania Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Civil Litigation for Pennsylvania on
Q: Help with Stipulation Resolving Adversary Proceeding as part of Bankruptcy 10 years ago

I have been paying the debt as per the terms of the Adversary Proceeding for 10 years now and have completed the amount requested ($250k + 5%). There is a balance of $150K that will be paid by a life insurance policy that has the debtor as the beneficiary.

The payments to the debtor have... View More

James L. Arrasmith
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answered on May 25, 2024

Based on the information you provided, it seems that you have been complying with the terms of the Stipulation Resolving Adversary Proceeding for 10 years and have paid a significant portion of the debt. The informal agreements you made with the debtor regarding occasional late or reduced payments... View More

2 Answers | Asked in Bankruptcy, Landlord - Tenant and Municipal Law for Pennsylvania on
Q: Filed chapter 7 bankruptcy To take the copy of the form to the municipal court to inform them (currently facing eviction

To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I don’t Think the municipal court quite understood that my bankruptcy form 101b was filed and... View More

Timothy Denison
Timothy Denison
answered on May 18, 2024

You shouldn’t have to file a petition. The automatic stay created by the filing of the bankruptcy trumps all anyway. Be sure a copy of at least the front page and the creditor section page of your bankruptcy is placed in the municipal court file.

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1 Answer | Asked in Bankruptcy and Landlord - Tenant for Pennsylvania on
Q: Filed chapter 7 and afterwards was given a copy that was stamped by the judge then was told to take the copy to

To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I was told by the clerk after filing bankruptcy the automatic stay protects me from the eviction... View More

James L. Arrasmith
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answered on May 17, 2024

I understand your confusion and frustration in this situation. Let me try to clarify a few key points:

1. When you file for Chapter 7 bankruptcy, an automatic stay is typically put in place. This stay prevents creditors, including landlords, from continuing collection actions, including...
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4 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How long can I purchase a civil judgment for, after the plaintiff files chpt7 BK?!

A debt collection company purchases debts and sues the debtors to collect. After 10 years, that collection agency has amassed a portfolio of judgments- mostly uncollected and sitting at the various courts (in PA) for years. The company then filed for chapter 7 Bankruptcy. The trustee/ courts do not... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 19, 2024

If the debt collection agency was a corporation (or llc, etc.), it is not eligible for a bankruptcy discharge, although it can file for bankruptcy relief.

A Chapter 7 bankruptcy case is usually short-lived, a "liquidation case". Normally, the Ch. 7 bankruptcy trustee will assess...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My wife has file bankruptcy. She paid an attorney up front. After 4 months, they've done nothing. What should she do?

This seems a long time for no action. They just keep saying they are busy.

Martha Warriner Jarrett
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answered on Feb 27, 2024

Has she given them all the paperwork that they asked for? If not, she needs to provide them with everything. Next, she should ask how long it will take until it is ready to file. If you think it's taking too long, she can ask for her money back and hire another attorney. However, she should... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: what is a wildcard exes in chapter 13 in Pa
James L. Arrasmith
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answered on Feb 25, 2024

In the context of a Chapter 13 bankruptcy in Pennsylvania, a "wildcard exemption" refers to a provision under bankruptcy law that allows you to protect a certain amount of any property you own, as opposed to specific categories of property like a home or vehicle. This exemption is... View More

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: As a renter filing Chapter 7, can I claim the unused portion of the homestead exemption of $13,950 and apply to autos?

This question applies, of course, to the Federal Exemption Schedule amounts.

James L. Arrasmith
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answered on Feb 24, 2024

No, as a renter filing for Chapter 7 bankruptcy you cannot claim any portion of the homestead exemption or apply it towards other assets like autos.

The homestead exemption under federal bankruptcy exemptions (11 U.S.C. § 522) is intended only for equity in an individual’s primary...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How long does it take to complete a bankruptcy process? And can one travel outside the country during the process?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 11, 2024

There are different forms/"Chapters" of bankruptcy, e.g., for an individual, primarily a Ch. 7 ("liquidation", other than exempt property) and Ch. 13 (commonly, a "Wage earner's plan").

A Chapter 7 case, without "wrinkles", can take three to four...
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3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

Martha Warriner Jarrett
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answered on Feb 11, 2024

Obligations arising out of a divorce judgment are mostly non-dischargeable so he should not be able to get away with what you describe. You should consult a local bankruptcy attorney who can advise you on your particular situation and, if you want, represent you in challenging his bankruptcy. Most... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: In PA, if I have two car loans and file chap 7 can i keep one of the vehicles?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 16, 2024

If you have no other property, yes, you can keep both cars with the Federal exemption for equity in autos, plus the catch-all exemption, unused by any realty. There are other Fed exemptions that may cover your clothing, furniture, pc, etc.

That said, your questions strikes me as too...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Will debt follow you overseas?

I retired in poor health and my wife and I moved overseas leaving behind 133k in consumer debt we can never pay back regretfully. All I have is my small government pension (Fers) and my wife has no income at all. I know the debt collectors are preparing to sue us based on our mail we get from the... View More

Timothy Denison
Timothy Denison
answered on Oct 7, 2023

Stay out snd don’t do anything until and unless someone finds you and serves you, which most likely will never happen. If it does, then you may want to come home and file bankruptcy bc most of your assets listed appear to be exempt.

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3 Answers | Asked in Bankruptcy, Small Claims and Collections for Pennsylvania on
Q: Do I need to file bankruptcy in order to apply federal exemptions to a default judgment against me on an unsecured loan?

I'm a disabled resident of Bradford County on SSDI with no other source of income. I own a car worth $14k that I purchased outright using my disability benefits and I have personal belongings within my rented apartment, but hold no real significant value. A creditor is currently suing me for... View More

David Kennedy Bifulco
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answered on Sep 3, 2023

For Federal Exemptions to apply you would need to be in Federal Court. Pennsylvania has exemptions for levy's and garnishments that a Pennsylvania attorney can advise you of. You should speak with a Pennsylvania attorney in Bradford County so they can assist you with your rights. Since you... View More

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1 Answer | Asked in Bankruptcy and Banking for Pennsylvania on
Q: I currently have a loan with a lien on my car. I’m financially able to make the payments for the loan however,

The car needs $8000+ in repairs mechanically and the car is not worth that so it is pointless to dump money into it. I’m wondering if I can just surrender the car and continue to make payments on the loan or will there be serious issues with that. Can they take it and sell it and allow me to make... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 17, 2023

Once a bankruptcy case is filed, the Code provides that you can tender the collateral to the secured lender in full satisfaction of the secured portion of its claim (there may be disputes about the value of the collateral).

Short of a bankruptcy filing, you can certainly offer the car to...
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2 Answers | Asked in Bankruptcy, Estate Planning and Probate for Pennsylvania on
Q: I’m the executor and my brother is a beneficiary. I recently discovered that four months after our mother died in 2019,

my brother filed Chapter 13 bankruptcy. The bankruptcy was dismissed in 2020 due to lack of payment and unfiled paperwork. It appears from the bankruptcy paperwork he did file that he did not mention the inheritance (possibly because he didn’t know what the final amount would be). It’s now... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 15, 2023

As your brother's bankrkuptcy was dismissed, for cause, three years ago and no appeal from that dismissal is pending, you may proceed as if the bankruptcy was never filed (there's a specific Bankruptcy Code section that says that).

For that reason, I recommend that you proceed to...
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1 Answer | Asked in Bankruptcy, Criminal Law, Divorce and DUI / DWI for Pennsylvania on
Q: I don't have a lot of money and I want to file bankruptcy what can I do

I receive allimony from my x husband. However I started out in the negative when he left me after 22 years of marriage and now I have a ton of credit card bills that are all suing me . On top of it I am in the process of getting a dui charg and my life has fallen apart. I am trying to get it back... View More

Timothy Denison
Timothy Denison
answered on Apr 22, 2023

Have a competent bankruptcy attorney review your situation snd help you make the best decision as how to proceed.

2 Answers | Asked in Bankruptcy and Small Claims for Pennsylvania on
Q: If I have a small claims judgement in FL, can FL suspend my PA driving license ?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 13, 2023

The moment you file for bankruptcy relief, an automatic stay is issued against any creditor's attempt to collect a debt, and that applies generally to state and local governments as well.

If, as it appears, you are now a PA resident, you are required to have a PA driver's...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Bankruptcy courts have first claim above all creditors on funds going to a bankrupt business. A course.....

being sold by some serious experts claims that if you notify the bankrupty court of new funds going to a bankrupt business, the court will pay up to 25 percent of the funds recovered. I cannot find any information about this at all. Do you know of this?

I will add that I wrote the... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 5, 2023

i've been practicing law, about half of it in bankruptcy cases from Oklahoma and Texas to PA, DE and NJ, and I have yet to witness any court, bankruptcy or otherwise, make any payment to anyone, lol.

A Chapter 7 trustee is appointed over each Ch. 7 bankruptcy. The trustee steps into...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: i WOULD ASK MY UNCLE BUT HE HAS DEMENTIA AND HIS FAMILY WOULD LIKE TO KNOW.

tHE HURSING HOME WANTS TO KNOW WHEN HE FILED FOR BANKRUPTCY AND WHEN HE SIGNED THE HOUSE OVER TO MY OTHER NEPHEW WHO IS DEAD. IF IT WAS EASY TO FIND OUT THE ANSWER I WOULD NOT HAVE ASKED YOU. THANK YOU WE THOUGHT THERE WAS A COURT SOMEWHERE WE COULD ASK.

Stuart Nachbar
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Stuart Nachbar
answered on Mar 24, 2023

You can look on PACER or you ca contact his Counsel

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: mY UNCLE TOOK OUT BANKRUPTCY AND MY NEPHEW NEEDS TO FIND OUT WHEN, HOW DOES HE GO ABOUT IT THAT DOESN'T COST HIM MONEY
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

The best way to find out without it costing him any money is to ask your uncle.

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: What is the difference between a creditor and an expense, Chapter 13?

After consultation with a bankruptcy attorney, he suggested I file a Motion to Dismiss related to my ex's Chapter 13 filing. My main argument is that he omitted currently paying for multiple attorneys. This is important because he has not reimbursed me for child-related expenses due under our... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 2, 2023

Any bankruptcy case deals primarily with "claims" existing on the date of filing, not so much the entities that hold those claims. However, initially, the court requires that a full list of all creditors with claims on the date of inception of the bankruptcy case, with names and... View More

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