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1 Answer | Asked in Bankruptcy, Consumer Law, Criminal Law and Divorce on
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Timothy Denison
Timothy Denison answered on Mar 6, 2021

What is your question.

1 Answer | Asked in Bankruptcy and Car Accidents for Indiana on
Q: First I am a disabled man that was just in an accident w/o insurance and at fault on 2/19/21(3 days before my birthday)

I'm also htv from dui's. This is the fourth time caught w/o insurance. I've already called down state to see what with them is going to happen with my license. 1 year suspension, 3 years Sr 22 insurance, and a $1000 reinstatement fee unless the judge does something else. I'm... Read more »

Timothy Denison
Timothy Denison answered on Mar 6, 2021

What is your question?

2 Answers | Asked in Bankruptcy for Missouri on
Q: Do you have to claim federal stimulus checks when filing bankruptcy?

Planning on filing chapter 7. I’m on social security disability and so is my husband.

Timothy Denison
Timothy Denison answered on Mar 5, 2021

Not if you haven’t received them and even then, it should not affect your filing status.

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3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for California on
Q: How much can a pawnbroker charge in interest for money loaned in California ?

Gave jewelry as collateral- got a loan for $13000 = trying to buy back items from pawn broker who want $27942.26

Can they charge that much interest?

The paperwork states 45% charge annual is that loan sharking?

David Luther Woodward
David Luther Woodward answered on Mar 4, 2021

Yes it is, and probably they can. Pawnbrokers have the ability to charge massive interest rates under many state laws. I am not familiar with your state, but here in Florida it is confiscatory.

You only mention bankruptcy. Go see a good local bankruptcy lawyer (not one of those mills...
Read more »

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2 Answers | Asked in Bankruptcy for Louisiana on
Q: Filing chapter 7 in Louisiana. I’m filing by myself not with my spouse. Everything we have is separate.

Will they ask for his bank statements being that he is not filing. He’s receiving unemployment. They did ask for pay stubs showing he received unemployment, but my question is being that he’s not filing do they normally request a non filing spouses bank statements?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 3, 2021

When one individual in a household seeks bankruptcy relief, the income of other household members is of interest to the Ch. 7 Trustee, because of the "means test", which determines eligibility to be a Ch. 7 debtor (compared to a Ch. 13 debtor). The presumption is the nonbankrupt... Read more »

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Hello, My lawyer did not properly handle my case and now I am losing money because of that. What can I do?
Timothy Denison
Timothy Denison answered on Mar 3, 2021

Consult an attorney to see if you have have a malpractice claim against your firmer attorney.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Is it considered a gift when filing for Chapter 7 bankruptcy and helped family pay for housing within the last 2 years

My family member is mentally ill, and I am also his representative payee. I have provided financial assistance for lodging totaling approximately 10k in smaller amounts over the course of 2 years. The money I had provided went toward keeping him from homelessness. Does this still fall under the... Read more »

Timothy Denison
Timothy Denison answered on Mar 2, 2021

Yes. You still need to disclose this under property held for others question. All of it should be disclosed as a matter of course although it should not have any negative effect on your bankruptcy.

1 Answer | Asked in Bankruptcy for Florida on
Q: Follow up question.

So if my chapter 13 is not discharged at the end due to my refunds not being sent to the trustee, can I pay the refunds and subsequently be discharged? Or will I be penalized and not discharged at all?

Timothy Denison
Timothy Denison answered on Feb 28, 2021

Assuming it is not discharged fir that reason, most likely they will allow you to pay the refunds and then the discharge will be granted.

2 Answers | Asked in Bankruptcy for Florida on
Q: will my chapter 13 discharged, if i didn't send the trustee my tax refunds?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 28, 2021

That depends upon the wording of your confirmed Plan. If the plan required you to pay your tax refunds to the Trustee, then you will be in default of your plan payments, and no discharge will be entered until all plan payments have been made. If your plan does not specify that your tax refunds... Read more »

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3 Answers | Asked in Bankruptcy, Small Claims and Banking for Tennessee on
Q: what happens if i don’t pay off my collection/charge off debt?

there’s 3 different charges, one going back 3 years. i heard that they go away after “7 years off being on your credit report.”

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 27, 2021

Broad question- "what happens to whom?"

A financial institution's "charge-off" is an internal accounting and regulatory function; a charge-off by your lender in no way affects or reduces your legal obligation to repay the debt.

The length of time an...
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3 Answers | Asked in Bankruptcy for Missouri on
Q: After bankruptcy is discharged how long before u can buy land with cash

chapter 7

Lloyd M. Nolan
Lloyd M. Nolan answered on Feb 26, 2021

If you're buying with cash, you can buy right away. Is that answer easy enough for you.

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4 Answers | Asked in Bankruptcy, Contracts, Copyright and Criminal Law for California on
Q: Can I use word "Minnie" in my brand title, brand logo. I only use "Minnie", not "Minnie Mouse", is it ok?

For example, my brand is: Pinky Minnie Couture or Destiny Minnie Arts ...

David Michael Lehr
David Michael Lehr answered on Feb 25, 2021

Not a criminal law question.

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3 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: I own a house with my parents. If dad goes bankrupt can they take the house?

Mom and dad are both late in their late 70's and I know dad has $25 - $35 thousand in credit card debt and his business has at least that much. I can make the house payment but if one dies I can't pay his bills. How would bankruptcy work in California.

At the risk of asking two... Read more »

David Luther Woodward
David Luther Woodward answered on Feb 24, 2021

You have posed a multi-part complex question that only be definitively answered by a talented real property/bankruptcy lawyer in California. For instance, you cannot just waltz down to the court house and "take your name off" a mortgage. You are also resident in a community property... 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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3 Answers | Asked in Bankruptcy, Contracts, Admiralty / Maritime and Business Law for California on
Q: What option do we have to avoid bankruptcy as freight forwarder hit by per-diem charges for container storage?

We are a freight forwarder and at the brink of filing for bankruptcy. Our client, the shipper, ran out of warehouse space to accept shipments and instead had the trucking company hold the containers for over three months. The shipping company charges detention or per-diem fees for the containers... Read more »

Leon Bayer
Leon Bayer answered on Feb 23, 2021

You should immediately consult an attorney to review all the contracts and any other paperwork. Without seeing the contracts, there is no way to answer your question.

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3 Answers | Asked in Bankruptcy for New York on
Q: Do I need to file bankrupsy chapter 7 . Single dont own anything unfortunately. On ssd. Have a personal loan

A few cards.

Cristina M. Lipan
Cristina M. Lipan answered on Feb 23, 2021

Although you have no assets for creditors to take, you might decide you don't want the hassle of collection calls, or just in case you receive non-exempt assets or income in the future, that these are not taken from you by a potential judgment. However, you may decide it is too expensive to... Read more »

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3 Answers | Asked in Bankruptcy for New York on
Q: once a motion for bankruptcy is approved and finalized by a bankruptcy court, can a creditor still come after assets?
Derek John Soltis
Derek John Soltis answered on Feb 23, 2021

It depends. For instance, if you have a chapter 13 and you do not make your mortgage payments the bank can ask to lift the automatic stay. And if the stay is lifted they can go after the house.

If you file a chapter 7 and own a car, and stop making payments the creditor can ask for the...
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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3 Answers | Asked in Bankruptcy for Washington on
Q: Will chapter 7 eliminate a civil judgment? What about others listed on the judgment not filing?

Husband and I are filing chapter 7 to discharge a civil judgment. However our son is also on the judgment, will they come after him after we file?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 20, 2021

In a Ch. 7, the automatic stay, and the permanent injunction included in the final Discharge, only protects the debtors who file the bankruptcy case. Assuming that the civil judgment is not for a non-dischargeable kind of debt (e.g., fraud, willful destruction, and specified kinds of personal... Read more »

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