Lawyers, Answer Questions  & Get Points Log In
Washington Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Washington on
Q: I have multiple large debts which have me thinking about bankruptcy including but not limited to old student loans.

I have state and federal back taxes, student loans, insurance collections, and credit cards. Total debt is around $40k. I was told that certain types of student loans can be wiped out. I would like to know a little more about whether these can all be taken care of in bankruptcy. Thanks.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

Filing for bankruptcy can provide relief from certain types of debt, but it's important to understand how different debts are treated under bankruptcy law. Generally, back taxes, student loans, and other specific types of debt have unique considerations. For instance, federal and state taxes... View More

View More Answers

3 Answers | Asked in Bankruptcy for Washington on
Q: How does a 100% plan work in a chapter 13 bankruptcy?

As a creditor, I was planning to file an objection to discharge in hopes of getting my money back. Now I’ve learned that the debtor is on a 100% plan. Does that mean my money will all be repaid and that I don’t need to worry about my claim being discharged?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 21, 2024

A Plan that pays off all creditors in full is a one hundred percent Plan.

The advantage to the debtor is that no interest or other charges on any unsecured claims, e.g., credit cards, accrues, and the Plan may be as long as five years.

The disadvantage to the debtor is that for that...
View More

View More Answers

3 Answers | Asked in Bankruptcy for Washington on
Q: If the dealership I bought my car from filed for chapter 11 bankruptcy can I get my auto loan forgiven?

I keep getting emails about the case and forms to file a claim but I’m not sure if I qualify as a “creditor”

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Unfortunately, the dealership's Chapter 11 bankruptcy filing does not provide a clear path for getting your auto loan forgiven. The key points:

- The dealership's creditors and debt obligations are separate from auto loans held by customers who purchased cars. Your auto loan is...
View More

View More Answers

3 Answers | Asked in Bankruptcy for Washington on
Q: I financed a car. The company I got it from is going bankrupt. I am receiving legal emails about it but don't understand

The Company I purchased the car from is Shift and my financer is Westlake Financial. Shifts headquarters are in California, I bought it in Oregon. I currently live in Washington.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2024

If it's Shift that filed bankruptcy, it shouldn't affect you or your car loan. If it's Westlake Financial, it probably still will not affect you. Most likely, Westlake's contracts will likely be sold to another company. Keep making payments like you have been. If another company... View More

View More Answers

2 Answers | Asked in Bankruptcy for Washington on
Q: Car loan of $50k on car worth $20k being repossessed and $30k in credit card Debt in finance name what are our options
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 24, 2024

Your question cannot be reliably answered because it offers only two debt items.

Your options, among which are some of the bankruptcy Chapters, can only be determined by a full consideration of your likewise full financial situation, both income and debt service for...
View More

View More Answers

2 Answers | Asked in Bankruptcy and Landlord - Tenant for Washington on
Q: Landlord says previous owners responsible for security deposit return

My current landlord of a commercial property said that I have to ask the previous bankrupt owners for the security deposit as I am leaving after the lease expires. I don't have their details and also is it really the previous owners responsiblity? Can someone just change ownership of a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023

In Seattle, WA, when a commercial property changes ownership, the responsibility for returning a tenant's security deposit can depend on the terms of the sale and the lease agreement. Generally, the new owner assumes the obligations of the previous owner, including the responsibility for... View More

View More Answers

1 Answer | Asked in Bankruptcy for Washington on
Q: Can I fire my BK lawyer for misrepresentation? ( my BK has not been approved yeti) and get a new lawyer?

He filled under chp 7 and then switched it chp 13. The trustee keeps sending letters saying everything is wrong n the motions. My lawyer keeps emailing me that he made mistakes. I don't trust him or what is being said at this point. But I am finding it very hard to figure out my next steps.... View More

Timothy Denison
Timothy Denison
answered on Aug 3, 2023

You can fire or hire any lawyer you want anytime you want. No restrictions.

1 Answer | Asked in Bankruptcy for Washington on
Q: Unemployment included in discharge. They're now garnishing wages 3 years later. How to stop?

They failed to contest during the bankruptcy process and now completely ignore calls, letters of discharge sent to every address they have and faxes.

Timothy Denison
Timothy Denison
answered on Jun 17, 2023

Reopen your bankruptcy and file a motion to hold them in contempt for violating te permanent injunction.

1 Answer | Asked in Bankruptcy for Washington on
Q: If you hire an attorney for chapter 7 bankruptcy & they delay filing & stop returning your calls or calling when

they say they will and when asked if there is a problem they assure you not, how should you deal with this?

Timothy Denison
Timothy Denison
answered on Apr 26, 2023

Ask for an itemized statement of charges, discharge them as your lawyer and hire a new lawyer.

2 Answers | Asked in Bankruptcy for Washington on
Q: I am considering filing chapter 7 bankruptcy. Do I have to file with my wife, or can I file by myself?

We live in WA state. Debt is personal loans and credit cards. The personal loans are in my name alone. I am the owner of the credit cards, but my wife is a co-borrower. She has no income and has had no income for over 8 years. Would I have to file bankruptcy with her? If I file alone, could... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 26, 2023

You can file for bankruptcy relief singly (her income would be considered in a determination of "abuse of the bankruptcy system", but you appear to be exempt from that).

If you file a Ch. 7 case, there is no legal protection in a bankruptcy that covers her. In a Ch. 13 case, the...
View More

View More Answers

3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for Washington on
Q: is there a place I can find open source data for documents involved in a case's document discovery process?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 8, 2023

No. Discovery requests are not filed as a public record, unless, and only to the extent that, the same are controverted and a protective order is sought. The same is true of documents produced in response to discovery requests. Only after culling, and if a judge permits, are documents produced... View More

View More Answers

1 Answer | Asked in Bankruptcy for Washington on
Q: I just have a question regarding voluntary surrender of a vehicle.

Currently working with a lending company that I have paid each month since we financed the vehicle. Currently fiancee and I are in quite the finacial hardship and I asked them if I could pay them on the 3rd, knowing that I will also be making a payment on the 18th as well in March. Payment is due... View More

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

Neither. Secure the vehicle and pay as you proposed.

3 Answers | Asked in Bankruptcy and Collections for Washington on
Q: Can I remove a collection if I didn’t include it in my bankruptcy?

Hi,

I have bankruptcy back in Nov 2019.

I forgot to include one of the collection from 2018.

It’s been 4 years is there any way to remove it?

Joel Gary Selik
Joel Gary Selik
answered on Feb 13, 2023

Contact your bankruptcy attorney to see if the petition can be amended.

View More Answers

1 Answer | Asked in Bankruptcy and Military Law for Washington on
Q: Will it effect my military husband if I file bankruptcy?

I got into an accident and didn’t have insurance and am now expected to pay $22,000. I don’t have that kind of money and am trying to explore my options. Desperately need help.

Robert C. Hahn III
PREMIUM
Robert C. Hahn III
answered on Jan 3, 2023

Really the best answer to this question is to consult with an experienced bankruptcy attorney. Usually married couples file bankruptcy together, but they are not required to and some file individually. If you file individually without your husband joining the petition it may or may not effect him... View More

1 Answer | Asked in Bankruptcy, Business Law and Mergers & Acquisitions for Washington on
Q: Can litigation be used to drain a company of its capital and leave it vulnerable to a takeover by the plaintiff?

Hi everyone, I don't have any specific geographical location in mind, so if lawyers have examples of laws that they know of, regardless of region, it'd be interesting to hear them:

Is there anything in the law to prevent litigation used by one larger company (that can handle... View More

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

Generally not unless it involves the purchaser becoming so large as to violate the Sherman Anti-trust Act. The activity you describe is called corporate raiding but is usually legal when performed within the rules of a particular state.

2 Answers | Asked in Bankruptcy for Washington on
Q: Over 100k in debt

I allowed my cousin to use my 9k credit card back home overseas to assist him with starting a business. He agreed to pay it back in a timely manner so I agreed to it. Few months later I received many return check fees on my credit card which maxed it out to over 55k on my credit card balance which... View More

Timothy Denison
Timothy Denison
answered on Nov 4, 2022

Your entire financial situation needs to be evaluated before you file bankruptcy but score you do that, why don’t you report the activity as fraudulent and see if the bank or lending agency will refund or void all those charges as fraudulent. You may only be liable for the first $50 if it is... View More

View More Answers

1 Answer | Asked in Bankruptcy for Washington on
Q: Just moved, and I have to use previous state's exemptions for chapter 7, but which state's median income to I use?
David Luther Woodward
David Luther Woodward
answered on Feb 19, 2022

I am not so sure you are correct. Have you talked to a Bankruptcy lawyer where you live now? To have jurisdiction where you now live you have to have lived "the greater part of the last 180 days".

Go see the lawyer

Good Luck

d

1 Answer | Asked in Bankruptcy for Washington on
Q: Does RCW 6.27.100 under "YOU ARE HEREBY COMMANDED" mean that we cannot legally pay the debt in full online now?

I have the money to pay the amount for "the amount alleged to be due and still owing under said judgement"

This amount is higher than the amount on the collections agency website. I just want to pay it and never have to think about it again. How do I do that?

Timothy Denison
Timothy Denison
answered on Jan 15, 2022

Send a cashiers check directly to the creditor by certified mail, return receipt requested.

1 Answer | Asked in Bankruptcy for Washington on
Q: I have a joint mortgage with a family member and they are going to file for ch 7 bankruptcy.

I am the one making payments. Should I be worried . Does this affect my home? could they take it?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 22, 2021

As against the bankrupt, a mortgage or note provision that the filing of a bankruptcy triggers and acceleration of the debt has been held to be unenforceable by most courts.

And so long as the mortgage debt is being paid as due, most mortgage lenders/servers are happy and would not attempt...
View More

2 Answers | Asked in Bankruptcy and Social Security for Washington on
Q: My only Income is social security. I’m looking For pro Bono bankruptcy info in the Everett WA.
Timothy Denison
Timothy Denison
answered on Sep 23, 2021

Call your local bar association or Legal Aid Society.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.