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Washington Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy, Foreclosure, Civil Litigation and Real Estate Law for Washington on
Q: Is it legal for plaintiff's counsel to interfere with defendant's business, causing foreclosure?

I want to know if it's against the law for the legal counsel representing the plaintiff to interfere with the defendant's business dealings. The plaintiff's counsel contacted the US Bankruptcy Court and made a complaint regarding the defendant's bankruptcy history. As a result... View More

Timothy Denison
Timothy Denison
answered on Apr 13, 2025

It does not appear that the Plaintiffs counsel has interfered with the business in taking the actions that he did.

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for Washington on
Q: Impact of one tenant filing bankruptcy on shared month-to-month rental debt in Washington.

What happens to a shared apartment rental agreement when only one tenant files for bankruptcy? Both of our names are on the lease, and we are on a month-to-month plan. We are currently a month and a half behind on rent, but we have not received an eviction notice. The landlord does not accept... View More

Timothy Denison
Timothy Denison
answered on Mar 21, 2025

Yes. The non-filing tenant is still responsible for the entire amount under the lease.

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1 Answer | Asked in Banking, Consumer Law, Civil Litigation and Bankruptcy for Washington on
Q: Funds trapped with Swissquote Bank, multiple fees imposed, seeking legal action for fund retrieval and damages.

I invested my capital with Swissquote Bank and made a profit. However, my funds are now trapped, and the bank has imposed multiple fees beyond the initial 5% withdrawal fee stated in the terms and conditions. After paying $24,000 in withdrawal fees, I was asked to pay a $38,000 'Wallet... View More

James L. Arrasmith
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answered on Mar 1, 2025

The situation you're describing has multiple warning signs of fraud rather than legitimate banking practices from Swissquote, which is a regulated Swiss financial institution that wouldn't typically impose escalating "fees" after initial withdrawals. These endless payment... View More

5 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for Washington on
Q: My car was totaled and there are claims in excess of my policy limit of 25,000 Should I file bankruptcy?

I do not have umbrella coverage and I am about to retire.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 3, 2025

Filing for bankruptcy relief is a major step, and you need to confer with an experienced lawyer. with full facts of your financial condition to your lawyer in advance of that conference.

Do that as soon as you can, as the best lawyer help is BEFORE any more happens.

On top of your...
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1 Answer | Asked in Bankruptcy and Traffic Tickets for Washington on
Q: Is there a chapter to file bankruptcy for traffic tickets im trying to get my license back

It's all traffic violations,no DUIs .... My license is suspended 3rd

James L. Arrasmith
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answered on Dec 23, 2024

Filing for Chapter 7 or Chapter 13 bankruptcy can help with traffic ticket debt and potentially aid in getting your license back. While bankruptcy won't eliminate all types of driving-related debts (like DUIs), it can discharge many traffic fines and penalties.

Your situation with...
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1 Answer | Asked in Bankruptcy for Washington on
Q: In Kitittas County can I add additional debt in a conversion from a chapter 13 to a chapter 7 after the initial filing.

but before the 341 hearing.

James L. Arrasmith
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answered on Sep 12, 2024

Yes, you can add additional debt when converting from Chapter 13 to Chapter 7 bankruptcy in Kittitas County, Washington, before the 341 hearing. When you convert your case, you have the opportunity to amend your bankruptcy schedules, including Schedule E/F, where you list unsecured debts. This... View More

1 Answer | Asked in Bankruptcy and Collections for Washington on
Q: I’ve got a lawsuit against me from a creditor. The creditor has filed Ch 7. I can’t get extended warranty info now.

I bought 6 appliances from an appliance business that has recently filed Ch 7. I have extended warranties on all appliances. Due to personal financial issues I got way behind on my credit account payments to this business and they closed my account and I now have a lawsuit for repayment to this... View More

James L. Arrasmith
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answered on Sep 11, 2024

When a business files for Chapter 7 bankruptcy, it typically means the business is liquidating its assets and will no longer be operating. Because of this, you may face difficulty obtaining warranty information or getting the warranties honored. Unfortunately, if the warranties were provided by the... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Washington on
Q: Does a husband have to accept from a process server a summons that names only the wife on it? Or has to give to her?

A process server came to our door trying to serve a summons to my wife and her name is the only one on it not mine. It’s not my credit account either. Do I by WA State law have to accept her summons if I’m approached by the server?

Timothy Denison
Timothy Denison
answered on Sep 14, 2024

No. You do not have to accept the summons.

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4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

Very difficult. Chapter 11 (regular or subchapter V) is very complex with lots of requirements and rules. A $50,000 retainer is not unusual and well worth the investment if you want to save your business. If you haven't already met with a local bankruptcy attorney, you should definitely do so.... View More

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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.
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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...
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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
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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

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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.
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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...
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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.
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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...
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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.
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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

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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.

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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
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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

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