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Alabama Bankruptcy Questions & Answers

1 Answer | Asked in Bankruptcy for Alabama on

Q: when i do means test do i have to include my mom son and step dad for household size. i pay for my own support and rent

Timothy Denison answered on Sep 15, 2019

Yes. You should list everyone in the household.

1 Answer | Asked in Bankruptcy for Alabama on

Q: I am 6 monthly payments away from completing my 5 year/60 month Chp 13 plan.

However, I just today received a periodic statement from the Chp 13 trustee and noticed in the "Balance Owed" column that I owe more than $6K more than my scheduled remaining 6 more monthly payments will cover. Looks to be that the Trustee payments were increased when a new trustee took over a few... Read more »

Timothy Denison answered on Sep 7, 2019

Check with your attorney but I suspect you will have to pay it.....to properly finish your plan.

1 Answer | Asked in Bankruptcy for Alabama on

Q: I'm in Chapter 13 Bankruptcy. I'm Getting married. Will I have to report my new spouse's income?

I will be discharged from Bankruptcy in 10 months.

Timothy Denison answered on Aug 14, 2019

No. You do not have to report your new spouses income.

2 Answers | Asked in Bankruptcy for Alabama on

Q: Chapter 7 Discharge and Reaffirmation

My Chapter 7 bankruptcy discharge is set for early next week and I have yet to receive the reaffirmation agreement for my auto loan from my finance company. What are my options to keep my car?

Bruce Alexander Minnick answered on Jul 2, 2019

Who knows? Either ask your lawyer for his/her opinion or just wait and see.

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3 Answers | Asked in Bankruptcy for Alabama on

Q: I cannot afford an attorny

So how do I remedy this without an attorny

Bruce Alexander Minnick answered on Jun 10, 2019

The first thing to do id to tell us what "this" is.

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1 Answer | Asked in Bankruptcy for Alabama on

Q: I am currently in chapter 13. Am I allowed to take out a Student loan?

I’m returning to college to get my BSN.

Timothy Denison answered on May 17, 2019

You need to seek permission from the trustee and the court to incur new debt.

2 Answers | Asked in Bankruptcy for Alabama on

Q: Grounds for a creditor to file an Objection to Confirmation of Plan

My ex-husband recently included me in his bankruptcy for my share in our divorce settlement. I was informed by the trustees office that my ex's $170,000 Secured debts would have top priority, then my Priority debts would be paid. I would like to avoid waiting 2/3 years to receive my settlement and... Read more »

Timothy Denison answered on Apr 11, 2019

Absolutely. It cannot hurt to file and Objection. Worst that happens is it is denied. Best case...you get paid. It is a domestic support obligation so he can’t bankrupt it.

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2 Answers | Asked in Bankruptcy for Alabama on

Q: how can I find out when I filed bankruptcy?

Timothy Denison answered on Mar 26, 2019

Go to pacer.gov, create an account and then you can look up your case and the details.

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2 Answers | Asked in Bankruptcy for Alabama on

Q: My exwife was a cosigner on our home & i have already gone thru chapter 7 now she is threatening to sue me.

Timothy Denison answered on Mar 23, 2019

She should have been listed as a co-signer/creditor in your bankruptcy. Unless you are obligated to pay the co-signed debt under your property settlement agreement in your divorce, she likely doesn’t have a claim against you.

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4 Answers | Asked in Bankruptcy and Car Accidents for Alabama on

Q: Can you file chapter 7 on a miscellaneous circuit civil case involving automobile accident in Alabama

Timothy Denison answered on Feb 26, 2019

Yes. However, it it involves injuries resulting from s DUI, it will not be dischargeable.

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1 Answer | Asked in Bankruptcy for Alabama on

Q: Is property in danger during bankruptcy if I am a beneficiary on a warranty deed joint tenants w/ right of survivorship?

My parents have a house and the joint tenant deed where if my dad dies it goes to my mom and if she dies it goes to me and my 2 brothers. I am going bankrupt and don't want them to lose their home because of me.

Timothy Denison answered on Feb 12, 2019

It is a future contingent interest. You should be fine but consult a lawyer in preparing your petition.

2 Answers | Asked in Bankruptcy for Alabama on

Q: Can I file for bankruptcy and what is the first step?

We just moved to AL from WA State. Our truck, with all of our belongings broke down the day we had to leave. We were told that it could not be repaired by the dealership because the part needed was no longer in production. I could not find a used part anywhere. Eventually we had to leave everything... Read more »

Kevin M Ryan answered on Feb 7, 2019

A bankruptcy filing may be the answer. Our office would provide a free consultation as well as a payment plan for legal fees and costs. The filing of the bankruptcy case puts a Stay ( stop) Order on all of your creditors. All calls, legal actions, wage garnishments, bank attachments etc must stop... Read more »

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3 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for Alabama on

Q: I was in a car wreck that totaled my car so I converted to CH 7 bankruptcy from 13 will I get any of the settlement?

I was in 13 when it happened, but before the settlement was in I had converted to 7.

John Martin Hilla answered on Feb 1, 2019

You should discuss this privately with your bankruptcy attorney. If you don't have one, you might want to seek the counsel of one in your local area as soon as possible.

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1 Answer | Asked in Bankruptcy for Alabama on

Q: I am trying to understand questions and answers to chapter 13 plan outline... Mainly questions 2.3 and 5.2.

2.3 Question: Income tax refunds and returns. Answer: Debtor will retain any income tax refunds received during the plan term. However, question 5.2 Question: Percentage, Base, or Pot Plan. Answer: Base Plan. this plan proposes to pay the amount to the trustee (plus any tax refunds, lawsuit... Read more »

John Martin Hilla answered on Jan 21, 2019

Are you trying to file your Chapter 13 without an attorney? If so, although it will sound self-serving from the standpoint of a legal professional, I don't recommend that. There is virtually no chance a Ch 13 matter will succeed without legal assistance, and, based on your questions, I can only... Read more »

3 Answers | Asked in Real Estate Law and Bankruptcy for Alabama on

Q: My mother and I purchased property in Alabama with 5 mobile homes on it. How can we protect property if mom files chap7

We are both married and we each have our own mobile home on the 8 acre property and the other 3 mobile homes have family members residing in them and they all pay one towards property tax and insurance and any other expenses that are for the property. Just don’t want all of us to lose our homes... Read more »

John Martin Hilla answered on Jan 18, 2019

If your mother files Chapter 7 bankruptcy, you will be in a legally conflicted position as regards her interests in obtaining a discharge and as regards the "bankruptcy estate" created by operation of law upon filing. A Chapter 7 Trustee will be assigned to her case who has the duty and ability to... Read more »

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1 Answer | Asked in Bankruptcy, Military Law and Family Law for Alabama on

Q: How can I get CS enforced if deadbeat has filed Ch13 bankruptcy, receiving 90% VA benefits of 2200/mo &$10k in arrears ?

Timothy Denison answered on Dec 3, 2018

Hire a collection or family law attorney who can collect it for you. Bankruptcy does. It stay the collection norenforcement of domestic support obligations.

1 Answer | Asked in Bankruptcy for Alabama on

Q: Can a bank charge late fees on a mortgage when one of the borrowers has a discharged bankruptcy?alabama

Timothy Denison answered on Nov 15, 2018

Yes, but only against the non-discharged borrower.

1 Answer | Asked in Bankruptcy for Alabama on

Q: Car repossessed less than 5 days ago, considering filing bankruptcy. If I do will I be able to keep my car?

Timothy Denison answered on Oct 9, 2018

Not unless you are able to catch up the payments and get it back.

1 Answer | Asked in Bankruptcy for Alabama on

Q: State of Alabama I'm 4 years into my chapter 13 bankruptcy & totaled my car what can I expect to happen?

I only owe 958 on the car insurance offered 5100 will I be able to keep any of the money to purchase a new car? How long should I expect this process to take?

Timothy Denison answered on Sep 30, 2018

Make a motion for permission to purchase another car and set out the circumstances. Court will likely allow you to invest proceeds in a replacement vehicle.

1 Answer | Asked in Bankruptcy for Alabama on

Q: Owe 2 pymts 1 is 30+. No $$. Can I left house go back and have balance left covered by chap 13?

Filed chapter 7 4 yrs ago. Not sure when I will find another job with comparable income.

Was fired by bank who has rem

Timothy Denison answered on Sep 24, 2018

Yes. You could include the balance in your Chapter 13 but the better play might have be to have your lawyer negotiate a short sale or s deed in lieu of foreclosure and you might get to walk away without paying the balance.

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