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Alabama Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Alabama on
Q: Can I use AfterPay while in a Chapter 13 bankruptcy? I’m two years into my plan, and live in Alabama. Thanks!
Timothy Denison
Timothy Denison
answered on Sep 28, 2022

You’ll need to file a motion with the court and get permission first.

2 Answers | Asked in Bankruptcy for Alabama on
Q: Can you use AfterPay while in a chapter 13 bankruptcy? I’m in Chilton county, AL. Thanks!
James Edward Loris Jr
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James Edward Loris Jr
answered on Sep 26, 2022

I’m not sure what AfterPay is, but anytime you need to incur debt while you’re in an active Chapter 13 case, such as for a replacement vehicle or an emergency for an air conditioner, you’ll need to contact your Attorney and have him file a Motion to Incur Debt, which need to be approved by... Read more »

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3 Answers | Asked in Bankruptcy for Alabama on
Q: Can I file and put my auto loan in it but my spouse does not want to file and he is secondary on the auto loan

Can I still file and put the auto loan in chapter 13 without my spouse having to file?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 20, 2022

Sure you can. And in a Chapter 13, there is a "co-debtor stay", so while you are in your Ch. 13, creditors are stayed from attempting to pursue the debt against both you and your spouse.

By the way, when you file a bankruptcy case, you must disclose ALL your debts, as well as all...
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1 Answer | Asked in Bankruptcy for Alabama on
Q: I live in Central Alabama, and I’m two and a half years into a chapter 13 bankruptcy. Am I aloud to open a credit card?

I want to start rebuilding my credit eventually, if I am able to open one whats the process like?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 1, 2022

Section 364 of the Bankruptcy Code provides for obtaining credit while in bankruptcy. While the statute speaks of a "trustee", that term includes a debtor in possession, which is what a Ch. 13 debtor is.

Section 364 authorizes obtaining unsecured credit "in the ordinary...
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4 Answers | Asked in Bankruptcy and Estate Planning for Alabama on
Q: I had a bankruptcy lawyer to tell me to stop paying all my bills, put my houses in a trust and then tell me 4 months to

Come get half my money back. He’s ruined my life. I sold my house and he didn’t file my trust papers with the courts. I had to pay the closing attorney to finish it. Is this malpractice?

Kevin M Ryan
Kevin M Ryan
answered on Apr 16, 2022

The bankruptcy code requires a disclosure in the Statement of Financial Affairs of any assets transferred to a Trust within 10 years of the filing date for the case. I am not sure why the lawyer advised you to do this, because they can still be considered an asset of the bankruptcy estate ( a... Read more »

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2 Answers | Asked in Bankruptcy, Criminal Law, DUI / DWI and Traffic Tickets for Alabama on
Q: I am disabled and a widow. I have some legal issues I.e...a warrant for me was issued. I would like help with this.
David Luther Woodward
David Luther Woodward
answered on Apr 10, 2022

What is the subject of the outstanding warrant?

Bankruptcy does not address criminal matters, so I don't see the connection.

Go see a local bankruptcy lawyer for assistance and explanation

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1 Answer | Asked in Banking, Copyright, Bankruptcy and Admiralty / Maritime for Alabama on
Q: What do I need to do lawfully after filing an Declaration of my life line and Resurrection, In county I reside in?

I proclaimed my nationality and legal Notice

On or about 4 of April 2014 in Jefferson county..

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2022

An Alabama attorney could probably advise best, but your post remains open for four weeks. This is posted under Admiralty/Maritime, but it does not appear to be something that most maritime attorneys would be familiar with. In terms of reaching out to attorneys, it isn't fully clear what kind... Read more »

1 Answer | Asked in Bankruptcy and Foreclosure for Alabama on
Q: I have received my court order immediate surrender of manufactured home letter by mail. What is the next step?

We don't plan to take any action to stop it and plan to move out fast as we can but its happening slow so how much time do we have before the sheriff comes out after the immediate surrender letter?

Timothy Denison
Timothy Denison
answered on Oct 3, 2021

Varies greatly but probably 30 days, give or take.

2 Answers | Asked in Bankruptcy for Alabama on
Q: On ssi jointly own home w/ 2 acres and 2 vehicles with boyfriend. If I file chapter 7 will i lose my home or car?

Have disabled daughter also living with me. she is also on ssi. No other assests.

Kevin M Ryan
Kevin M Ryan
answered on Jul 30, 2021

Alabama has a bankruptcy homestead exemption of only $16,450.00 which is adjusted for inflation every 3 years. If your property is owned free and clear, you can lose the property if you file a Chapter 7 bankruptcy case. It is of the utmost importance that you contact a bankruptcy attorney... Read more »

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4 Answers | Asked in Bankruptcy for Alabama on
Q: I did not read my bankruptcy petition before I signed it the lawyer made several errors

Like putting my wifes debts on the petition . And did not including 2 large withdrawals 8000 and 3000 that my wife took out of our joint account to buy a vehicle

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 30, 2021

NEVER sign a document before you read through it.

It's surprising that a bankruptcy lawyer would enable you to sign without first reading the documents. One of the questions normally asked by any bankruptcy trustee at the 341 meeting is whether the signature on the Petition is...
Read more »

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2 Answers | Asked in Bankruptcy for Alabama on
Q: Can I file for bankruptcy if I get by personal checks. I work in a private home.
Kevin M Ryan
Kevin M Ryan
answered on Feb 24, 2021

Yes. Receiving income via cash, private income, Bitcoin, or any other means can be disclosed to the Court to comply with 11 USC 521 / 11 USC 707 via an Affidavit prepared by your Attorney. The value of the compensation has to be disclosed to the Court. It must be included on the Means Test... Read more »

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2 Answers | Asked in Bankruptcy and Tax Law for Alabama on
Q: Do I have to give the trustee my tax refund in chapter 13 bankruptcy? Located in Alabama.

Do I have to give the trustee my tax refund in chapter 13 bankruptcy? I called my attorney and spoke to a Lady in the office and she said that the trustee doesn’t take tax refunds anymore. Wasn’t able to speak with my attorney personally.

Lloyd M. Nolan
Lloyd M. Nolan
answered on Feb 22, 2021

I do not practice in Alabama, so that question would be dependent on the local bankruptcy rules that govern your case. In the Eastern District of Missouri, where I practice, the local rules require that debtors turn over their tax refunds (over a specific allowable amount) to the Chapter 13... Read more »

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4 Answers | Asked in Bankruptcy for Alabama on
Q: Will getting new car insurance affect my bankruptcy?

I’m in a chapter 13 bankruptcy, and just want to know if I need to report new car insurance? I’m a year into my payment plan. Our insurance is outrageous and want to find a new company. Also I know most companies do a soft credit pull, will that affect anything? I’m in middle district... Read more »

David Luther Woodward
David Luther Woodward
answered on Feb 20, 2021

Find a more reasonable insurance carrier. I have changed twice in the past two years for just that reason (I don't live that far from you) and they are competitive. Be sure you have adequate liability limits and equivalent uninsured motorist coverage. It's always the other guy who has... Read more »

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2 Answers | Asked in Bankruptcy for Alabama on
Q: Alabama--- I am considering terminating the relationship with my current lawyer and retaining a new one in my active 13

What are the steps for this? I have heard the current lawyer has to file a motion to have this handled, that I can not terminate without this. I hired him, right????

Timothy Denison
Timothy Denison
answered on Feb 6, 2021

Notify your current lawyer that you are terminating the relationship. Have your current lawyer then file an entry of appearance or motion to substitute. Problem solved.

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2 Answers | Asked in Bankruptcy for Alabama on
Q: Financing a car during chapter 13!

We recently were advised not to get a car through bankruptcy by our attorney and just to pay cash, but we can’t find anything worth the money. Are we aloud to have someone finance a car for us and we make the payments? We’re in the Middle District in Alabama.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 5, 2021

Once your Ch. 13 plan is confirmed, so long as you make the plan payments to the trustee, and direct payments to your mortgage lender and perhaps your car loan, the remainder of your income is yours to do as you like. So yes, if someone is willing to risk financing a car purchase on your promise to... Read more »

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2 Answers | Asked in Bankruptcy for Alabama on
Q: I’m currently in chapter 13, my husband and I tried to get a car through our bankruptcy and got denied. HELP!

My car is on its last leg, and we don’t quite have enough yet to pay for something decent with cash. Can we go to a buy here pay here that offers no credit checks? All they ask for is ID, proof of income and insure and down payment. Would we get in trouble and get kicked out of bankruptcy? Or are... Read more »

Kevin M Ryan
Kevin M Ryan
answered on Feb 5, 2021

The answer to this question could vary depending on what bankruptcy district your case is pending in. I practice in the Southern District of Alabama, which has a very reasonable and workable approach to getting Debtors in a position to replace or purchase a vehicle while in Chapter 13. The... Read more »

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3 Answers | Asked in Bankruptcy for Alabama on
Q: I'm in the process of buying a small house with help of dad. Can I file ch. 7 and keep home & get rid of other debt
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 18, 2021

The bankruptcy court and Ch. 7 Trustee assigned to your case probably won't be interested in your new house, unless there is substantial equity value in it (you don't say how much your father will kick in, but routinely, Mortgage lenders want buyers to pony up twenty per cent of the... Read more »

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2 Answers | Asked in Bankruptcy and Tax Law for Alabama on
Q: Currently in chapter 13 bankruptcy in the middle district of Alabama, I know we have to report our taxes yearly, but do

They take our tax refund entirely? Or do we get to keep it?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 13, 2021

In a Chapter 13 bankruptcy, while all of your assets, including any expected tax refund, must be disclosed in the Bankruptcy Schedules that must be filed in the case, a debtor retains all his property, unless he chooses to surrender it to a secured creditor, or sell it, as part of the proposed... Read more »

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1 Answer | Asked in Bankruptcy, Consumer Law and Foreclosure for Alabama on
Q: How can I stop forclosure if the bank has charged me over state limit on interest?

I borrowed 48,000 16 yrs ago the 1st 6 yrs was 11.25% after modification it was still 8.9 alabama max is 8. I still owe 41,000 and I've already pd approx 83,000 and they still want to forclose what are my options?

Timothy Denison
Timothy Denison
answered on Dec 18, 2020

Plead the usury and fraud in the foreclosure action against you as affirmative defenses and file a counterclaim for overpayment.

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