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Alabama Bankruptcy Questions & Answers
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
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
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
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... 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
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... 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
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
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
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
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
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.

1 Answer | Asked in Bankruptcy for Alabama on
Q: How soon after u take your 1st credit course can u file bankruptcy in Alabama?

I recently was pulled over and issued a ticket for driving with a suspended license.i didn't receive any statements from dmv prior to this.i called asking for what reason and they said due to an at fault accident a year prior .I didn't fill out a specific document nor worked out any... Read more »

Timothy Denison
Timothy Denison answered on Sep 10, 2018

Immediately after course completion.

1 Answer | Asked in Bankruptcy for Alabama on
Q: For Alabama years ago my car was repossessed I just received a letter for a garnishment of my pay check this month
Timothy Denison
Timothy Denison answered on Aug 23, 2018

If they have a judgment against you, they can garnish you at any time until it is paid.

1 Answer | Asked in Bankruptcy for Alabama on
Q: I work for a bank & have a credit card but don’t want to included them in Ch7. Will my bank still know I have filed Ch7?
Timothy Denison
Timothy Denison answered on Aug 21, 2018

Yes. You must list ALL your debts in your petition, including your credit card.

2 Answers | Asked in Bankruptcy and Child Support for Alabama on
Q: Will Alabama drop any interest on child support arrears when Chapter 13 is filed?

My husband and I are considering filing Chapter 13 in order to handle his child support arrears. The child is now over 19. The interest is more than double the actual arrears. Without the interest, we'll be able to pay it off in 60 months; however, when calculating the arrears and interest the... Read more »

Timothy Denison
Timothy Denison answered on Aug 5, 2018

Consult your bankruptcy attorney but because it is attached to a domestic support obligation, it likely will not be discharged.

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2 Answers | Asked in Bankruptcy for Alabama on
Q: I am one year into a 4 year stretch for Chapter 13. Is there a way to pay it off early and regain my good credit?
Timothy Denison
Timothy Denison answered on Jul 31, 2018

You can always pay it off early if you have the ability. Your credit will recover faster if you pay it off early than if you wait.

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1 Answer | Asked in Consumer Law and Bankruptcy for Alabama on
Q: Can someone who has no assets and only SS Retirement be garnished for credit card and car lease debts?

My 65 yo Father in Law has recently moved here with us from out of state. He was less than honest about his financial and income situation. His only income is his SS check which is around 1500.00/mo and he drew SS disability prior to turning 65. He accrued a large credit card debt and leased a... Read more »

Timothy Denison
Timothy Denison answered on Jun 26, 2018

Not garnishment of social security proceeds.

3 Answers | Asked in Bankruptcy for Alabama on
Q: How do I find out when I filed bankruptcy last?
David Earl Phillips
David Earl Phillips answered on Jun 4, 2018

Call the Bankruptcy Court Clerk's office for the area where you filed. They can usually look it up for you. A bankruptcy lawyer near you will also have access to this information on the internet. Good luck!

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3 Answers | Asked in Bankruptcy and Child Support for Alabama on
Q: Can declaring bankruptcy do away with back child support? It is over $50,000.
David Earl Phillips
David Earl Phillips answered on May 24, 2018

No. Bankruptcy will not get rid of child support. Child support is specifically excepted from discharge in a bankruptcy case. You can pay child support in a chapter 13 plan in some cases, so that might help. See a bankruptcy lawyer near you to see what options you may have available. Good luck!

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1 Answer | Asked in Bankruptcy for Alabama on
Q: I filed for Chapter13 7 months ago. Recently won a lawsuit due to a car accident that occurred 2/1

Will bankruptcy keep all the funds from this accident?

Timothy Denison
Timothy Denison answered on May 22, 2018

If they are post petition funds, you may be able too keep most of them. You should contact your bankruptcy lawyer and discuss the ways to keep these funds.

1 Answer | Asked in Bankruptcy, Child Custody and Child Support for Alabama on
Q: I have been in chapter 13 for a year, my ex gave me papers for custody, since he is not paying child support I can’t

Afford an attorney, can I get a loan to pay for an attorney for custody of my 3 year old child?

Timothy Denison
Timothy Denison answered on May 10, 2018

You will need approval from the Court to incur that debt. However, if it is for a necessity and it isnt a tremendous loan amount, the Court may approve it.

2 Answers | Asked in Bankruptcy for Alabama on
Q: I have loans Secured and unsecured Payday loans and a garnishment. I cannot afford the attorney fees. What do I do?

I would rather file for chapter 7 bankruptcy. Then chapter 13.

Timothy Denison
Timothy Denison answered on May 6, 2018

You need to have an experienced bankruptcy attorney look at your situation. If you have no assets or assets that do not need protecting, you should file a Chapter 7 and eliminate all your debt. If you have a home with some equity, you may have to file a 13.

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