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Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Indiana on
Q: Filed Chap 13 on Dec 28th, 2016. CreditBureau report says Calvary LLC debt buyer/collector placed 2880$ in collection

Jan 17th 2017. Original creditor was syncrhony in the Chap 13 filing not Calvary. Can they place me in collection while bankruptcy was active? We dismissed Chap 13 ourselves in March of 2017. So I realize once Chap 13 protection was gone we would deal with all our creditors and make... Read more »

Timothy Denison
Timothy Denison answered on Feb 20, 2020

If they obtained the default after you filed bankruptcy, then you may have a claim.

1 Answer | Asked in Bankruptcy and Tax Law for Illinois on
Q: Dear sir I have submitted gradually a lot of money to my friend account in USA. Now i want to transfer this money to

Out of USA.But they say i should pay tax.

How can i transfer this money?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 20, 2020

If your "friends" has the money you may be out of luck. This is why no one should "submit" money to anyone withou some assurances about how to get it back.

1 Answer | Asked in Bankruptcy and Car Accidents for Georgia on
Q: Can an accident judgement be forgiven if bankruptcy is filed? Judgement is not on my credit but is affecting my license

The accident happened when I was 16 years old. According to the police report, I was at fault. Although the other party hit me. The attorney for state farm insurance filed a lawsuit against me once I was of age and right before the statue of limitation. The judged ruled in their favor. It has been... Read more »

Timothy Denison
Timothy Denison answered on Feb 20, 2020

File bankruptcy. Consult a competent practitioner to review all your options.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: Can the court take all of your income tax after it was filed that I get to keep 1500.00?

Chapter 13

Anthony M. Avery
Anthony M. Avery answered on Feb 19, 2020

If you did not properly exempt the Tax Refund, or some of it, then yes. You have to file the Petition properly.

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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Do bankruptcy lawyers represent incarcerated individuals?
Timothy Denison
Timothy Denison answered on Feb 19, 2020

Practically speaking, yes.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: I have 15,000 in medical bills, no credit card, vehicle is fully owned, no other loans or bills. Can I file bankruptcy
Randall R. Saxton
Randall R. Saxton answered on Feb 18, 2020

Yes, if you qualify, dependent upon the Chapter of bankruptcy.

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: 5 years later, lawyer wants us to pay to reopen Chapter 13 bankruptcy to get discharge that we thought was finished?

We had followed the lawyers instructions to the letter and thought everything was finalized 5 years ago. Just found out Discharge never happened. Now lawyer says we need to pay court fee to reopen to file for discharge and he won't charge lawyer fee so long as he doesn't have to attend any... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 18, 2020

It is considered "best practice" for debtor's counsel to keep every client, including bankruptcy debtors, apprised of developments or needed filings in a case.

If you filed your bankruptcy case 5 years ago, and it is a Chapter 13 case, then you may be permitted to reopen the case to get...
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2 Answers | Asked in Bankruptcy on
Q: Can I file for bankruptcy if I am married but we have no joint accounts or debt?

I do not want him involved in the bankruptcy

Clark Dray
Clark Dray answered on Feb 17, 2020

Yes, you can file your own bankruptcy without your spouse. However, if you're living in the same household the court is going to be interested in his income to determine whether you qualify for Chapter 7.

You should also be aware that in many states, spouses can be held responsible for...
Read more »

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3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: Hi, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect mo

LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with the previous... Read more »

Harlene Miller
Harlene Miller answered on Feb 17, 2020

Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord? Are you... Read more »

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1 Answer | Asked in Bankruptcy for South Carolina on
Q: Judgment creditor garnishing wages paperwork to try to make payments meeting with judgement creditor and judge what can

I don't know what to do filled out paperwork is said to put down all debts no room on the form in Tennessee it's a felony not to list all your debts. I don't want to go I found I don't want to go and I don't know what to do. If I don't go I can have a felony cuz the paperwork is filled out wrong... Read more »

Timothy Denison
Timothy Denison answered on Feb 15, 2020

What is your question?

2 Answers | Asked in Bankruptcy for Arizona on
Q: I filed chapter 7 in April 2018, discharged in July. Irs kept most of refund for back taxes, but I owe trustee 1200.00

Can they keep all of my refund this year or just 1200.00 owed to trustee?

Trustee office said they'd ask trustee for a repayment plan in October 2019, but I've had no response and have sent them many emails asking. I'm expecting a big refund and wondering if they're keeping it all

Diane L. Drain
Diane L. Drain answered on Feb 15, 2020

You need to contact your attorney because there are more issues you have not discussed. If you do not have an attorney, there is a Self-Help Center at the Bankruptcy Court. Call them to make an appointment to talk with an experienced bankruptcy attorney - 602-682-4007.

I hope this is...
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2 Answers | Asked in Bankruptcy and Consumer Law for Oregon on
Q: My attorney won't return my calls. I've already paid her for bankruptcy services.

What can I do and please tell me how to find FREE legal services in Portland Oregon? I'm asking for FREE services as my attorney took the money I had for filing my bankruptcy.

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff answered on Feb 14, 2020

Dear Asker,

If you can not get ahold of your attorney via her phone or email you can contact the Oregon State Bar about reaching out to her to resolve any misunderstanding or fee dispute. https://www.osbar.org/feedisputeresolution

You can call oregon legal aid to discuss...
Read more »

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2 Answers | Asked in Bankruptcy for Connecticut on
Q: Do I put the amount that shows in my 401K or the amount I am able to withdraw on Schedule A/B?
Alan S. Dambrov
Alan S. Dambrov answered on Feb 14, 2020

All assets have to be listed at full value regardless of your intention to deal with it. Most likely it can be exempted, that is not included in the bankruptcy process, but the answer can only be determined by a thorough review of all assets, liabilities and cash flow. If you have a substantial... Read more »

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2 Answers | Asked in Bankruptcy for Virginia on
Q: which one is a better option for applying for new job? Declaring bankruptcy or getting debts settled?

I have a total 40K debt. I have 10K car loan left which I have never missed a payment. But I am no longer able to pay my credit cards after losing my job which is 30K and they are all charged off. I am about to finish a course and try to land on software engineering job. But I do have concerns.... Read more »

Timothy Denison
Timothy Denison answered on Feb 13, 2020

Consult a bankruptcy petitioner near you to discuss your options. Depending on the amount of equity you have in the property, you may need a Chapter 7 or 13.

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: What if someone is guilty of non-compliance with multiple civil court orders prior to bankruptcy filing?

If he is found guilty of perjury on his bankruptcy forms would he be bound to the court orders of the civil suit? The contract for the sale of my house was drawn up the day before he filed for bankruptcy. He ignored a court order and refused to sign and ignored multiple orders prior to that one.... Read more »

Karra Kingston
Karra Kingston answered on Feb 13, 2020

Call the trustee or attend his meeting of creditors they will tell you how to proceed.

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3 Answers | Asked in Bankruptcy for California on
Q: Is dmv registration for a car i am turning in dischargeable under chapter 7 bankruptcy?

Should I pay the planned nonoperation fee of $22 or should I not pay anything and list dmv as a debtor?

Timothy Denison
Timothy Denison answered on Feb 12, 2020

Yes.

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: Chapter 13 and Bond for Deed in Louisiana

I have been in Chapter 13 for one year. I would like to buy a house but cannot qualify for a mortgage. I have found someone that wants to sell their home with bond for deed (I pay monthly and the deed doesn't transfer to my name until fully paid with balloon payment in 5 years - at which point I... Read more »

Timothy Denison
Timothy Denison answered on Feb 12, 2020

Yes.

1 Answer | Asked in Bankruptcy for Colorado on
Q: In 2002 we filed for bankruptcy at which time all debt was dismissed including a home we rent to my inlaws.

We are now doing a refi on our PRIMARY home (not the rental) and the mortgage company we are using for the refi insists they must include the rental property as a debt even though, according to our bankruptcy records, it was dismissed. We have been voluntarily making payments on the property since... Read more »

Timothy Denison
Timothy Denison answered on Feb 12, 2020

Get a copy of your 2002 bankruptcy and show the lender where it was listed and then discharged and that should resolve the problem.

1 Answer | Asked in Bankruptcy, Criminal Law and Civil Rights for Ohio on
Q: Purchase of Car without title

My friend got into trapped by purchase of car without title. He was informed by the seller that he will get the title released from the bank but still seller has not paid off the loan and title is not yet released.

Now my friend is chasing the seller but seller is not responding.... Read more »

Timothy Denison
Timothy Denison answered on Feb 12, 2020

Depending on the value of the car or how much was paid, he should file a complaint in either Superior Court or the Supreme Court. He probably should consult a local debtors rights attorney who can oversee the finer points.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: I filed Chapter 13 four years ago. Can I use my 2019 state tax refund to pay my 2019 federal taxes that will be due?
Timothy Denison
Timothy Denison answered on Feb 12, 2020

Not without approval of court bc the 2019 refund is an asset of the estate.

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