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Washington Bankruptcy Questions & Answers
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
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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

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

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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...
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