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Alabama Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Alabama on
Q: In chapter 13 repayment plan. Can it be paid off early?
Timothy Denison
Timothy Denison answered on Aug 31, 2020

Yes indeed.

1 Answer | Asked in Bankruptcy for Alabama on
Q: Can the IRS take my tax refund during a Chapter 7?

I owe taxes on 2 years prior to filing chapter 7, and I filed taxes based on income I received prior to filing. No one has lifted the automatic stay, and my case is not yet discharged, but the IRS took my refund, anyway. When i called, they said their system wasnt updated with my BK, but now it... Read more »

Timothy Denison
Timothy Denison answered on Mar 20, 2020

Yes, they can.

1 Answer | Asked in Bankruptcy, Civil Litigation and Lemon Law for Alabama on
Q: I purchased a car 5 months ago and was told that the car is now being repossessed by lein holder that I was unaware of

And also included in a bankruptcy filing but the two involved in selling the car to me or trying to get me to surrender the car to them or else I am in trouble with the law

Timothy Denison
Timothy Denison answered on Mar 15, 2020

If you have title, it is someone else’s problem.

1 Answer | Asked in Bankruptcy and Tax Law for Alabama on
Q: I filed Chapter 13 Bankruptcy in August 2019, in Mont, Al. Can I keep my fed tax refund?
Timothy Denison
Timothy Denison answered on Feb 29, 2020

If you exempted the tax return on your schedules, you probably can keep it. If you did not, you may have to surrender a portion of it.

2 Answers | Asked in Bankruptcy for Alabama on
Q: I filed for Chapter 7 bankruptcy in 2016 and was dismissed in August Currently in 13 can it be converted or reduced

I filed for Chapter 7 in 2016 and dismissed in August of that same year. I am currently in Chapter 13 with 100 percent repayment. I have started nursing school and my work hours will be greatly reduced. Can I convert to a Chapter 7 or get my payments reduced?

Kevin M Ryan
Kevin M Ryan answered on Feb 1, 2020

You must first determine if you received a Discharge Order in the prior Chapter 7 case. If you did not receive a Discharge Order in that case and it was dismissed without a Discharge Order, then you may be able to convert your Ch 13 to Chapter 7. You will need to sit down with your attorney and... Read more »

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2 Answers | Asked in Bankruptcy for Alabama on
Q: My husband and I are filing chapter 13, will we be able to keep our tax refund? We are in Alabama, and have 4 children.
Timothy Denison
Timothy Denison answered on Jan 28, 2020

You can protect some or all of your tax refund, depending on your federal or state exemptions.

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1 Answer | Asked in Bankruptcy and Consumer Law for Alabama on
Q: I just completed a Chapter 13 bankruptcy 5 year 100% payback plan and received a discharge.

In 2014 I co-signed a student loan application for my stepson. His mother and I got divorced later that year. All during the plan this “Sallie Mae Bank Inc” loan showed as being in a “Closed” status on my 3 credit reports. Now that I have completed the plan and received a discharge the... Read more »

Timothy Denison
Timothy Denison answered on Jan 20, 2020

You can contact the credit bureaus regarding this but the bottom line is you are still obligated on the note. Was it not dealt with in your divorce?

2 Answers | Asked in Bankruptcy, Contracts and Real Estate Law for Alabama on
Q: commercial in AL with owner finance. Buyer stopped paying after 2 years and filed for bankruptcy. What can the seller do

Commercial property in ALABAMA was sold in 2017 with owner financing with 30% down and 7 years of monthly payments at 6%. The contract was recorded in court house as a lien. The buyer (LLC) with personal guarantee paid on time for 2 years and now filed for bankruptcy (both LLC and personal).... Read more »

Timothy Denison
Timothy Denison answered on Nov 24, 2019

You can take the property back and sell it to someone else. You have no recourse against the bankrupt buyer unless the bankruptcy isn’t discharged.

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2 Answers | Asked in Social Security and Bankruptcy for Alabama on
Q: I got denied disability and need a financial aid lawyer to help with my appeal
Cristina M. Lipan
Cristina M. Lipan answered on Sep 30, 2019

You should search for legal aid in Alabama, and see what is available close to you. If you don't qualify, keep in mind that most attorneys will only charge you if successful in finding you disabled.

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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
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... Read more »

Timothy Denison
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
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
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
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
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... Read more »

Timothy Denison
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
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
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
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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