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Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Maryland on
Q: I am trying to find a Pro Bono Lawyer who can help with me bankruptcy

I am needing a clean start

Daniel Staeven
Daniel Staeven answered on Oct 26, 2021

I suggest going to the Bankruptcy Court's Debtor Assistance Project. An attorney can help you fill out the forms and provide general assistance. The website for this project is:

https://www.mdb.uscourts.gov/programs-services/debtor-assistance-project

Good luck in the future.

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: My siblings and I own each an 1/8 interest in a property. My brother is filling bankruptcy. What happens?
Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 25, 2021

I'm not licensed in Kentucky, so you should consult an attorney licensed in your State. In most States your brother's 1/8 interest would not be exempt under law. What that means is that his bankruptcy estate would include his 1/8 interest and the bankruptcy trustee would be entitled to... Read more »

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can I sue a creditor that keeps contacting me for payment after being notified the debt was included in bankruptcy?

I filed chapter 7 in 2019. A utilities provider has been contacting me for payment after I provided them with documentation showing their account was included in bankruptcy. It is my understanding this is illegal debt collection activity and I'd like to know if it would be beneficial to take... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 22, 2021

Until recently, any creditor who attempted to collect, by phone calls, statements by mail, or otherwise, any debt that was discharged in bankruptcy would almost certainly be sanctioned (made to pay money to the debtor) by the bankruptcy court.

Last year, the US Supreme Court revised that...
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2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can loans owed directly to an institution be discharged through bankruptcy if the accounts were sent to collections?

I filed chapter 7 in 2019. I included several loans that were owed directly to the institutions (not gov't backed like Navient/Sallie Mae). These accounts were turned over to collections prior to me filing bankruptcy and were sent a bankruptcy notice. Am I still on the hook for the balances?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 22, 2021

It's the nature of the claim itself, and not who holds the claim, at the time of the bankruptcy filing, that determines how it will be handled in the bankruptcy. Claims being pushed by debt collectors are common, and just as commonly, are discharged in bankruptcy.

Certain types of...
Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: included in bankruptcy

I am part of the CWA Frontier CA. We do have a contract but I have a civil case against Frontier CA that all the actions within that Civil case are in the contract. Frontier has placed my case in the bankruptcy. I have been searching to have the dismissal of my inclusion. Any help is appreciated.

Timothy Denison
Timothy Denison answered on Oct 22, 2021

Unless something is missing, your case will not be omitted from the bankruptcy as the debtor is required to include all creditors, which includes you.

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2 Answers | Asked in Bankruptcy for Nevada on
Q: What is a trustee's final report and account?

I had a voluntary dismissal of my chapter 13 case about 4 weeks ago. I received notice that the case was closed however I have not received trustee's final report and account. What is it?

How long does it take to get?

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 21, 2021

The Trustee is required to make the report. It is merely an Accounting of what monies you paid in, what amounts the Trustee paid out, the Trustees fees and the balance if any remaining and where it went. The Trustee is showing you and the Court where the money went. You don't need to fo... Read more »

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2 Answers | Asked in Bankruptcy for Ohio on
Q: If an attorney knowingly filed a ch 13 when you qualified for a ch 7 what would be considered acceptable punitive damage

None

Timothy Denison
Timothy Denison answered on Oct 20, 2021

That behavior probably doesn’t rise to the level of conduct necessary to award punitive damages.

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2 Answers | Asked in Bankruptcy for Texas on
Q: During Chapter 7 Bankruptcy, is it normal for the trustee to ask for your unemployment application?

I filed for chapter 7 in Texas with over 10,000 in checking accounts. 100% of this money is from unemployment compensation so I claimed it all as exempt. I told my trustee that at 341 meeting, and he said that it might not be exempt.

I was expecting him to ask for bank statements which... Read more »

Timothy Denison
Timothy Denison answered on Oct 20, 2021

It’s not normal. But it is permissible as most debtors don’t have 10k in the bank. Give him the apps and let him see it is all unemployment.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: Is ge credit union allowed to freeze my bank acct. While in ch.7 with a right of offset? Before ch.7 court date?
Timothy Denison
Timothy Denison answered on Oct 15, 2021

No. Not if the bankruptcy has already been filed.

2 Answers | Asked in Bankruptcy and Divorce for Louisiana on
Q: what state SHOULD I SEARCH FOR a divorce and bankruptcy lawyer, if i have property in MISSOURI AND TEXAS?

I LIVE IN LOUISIANA, MY SOON TO BE EX WIFE LIVES TEXAS AND SOMETIMES IN MISSOURI. WE HAVE PROPERTY IN BOTH STATES . ALSO, I WAS NEEDING TO KNOW WHICH ISSUE NEEDS TO BE HANDLED FIRST ? I NEED TO FIND A LAWYER WHO HANDLLES BANKRUPTCY, COMMUNITY PROPERTY AND DIVORCE OVER MULTIPLE STATES. HOW... Read more »

Timothy Denison
Timothy Denison answered on Oct 15, 2021

Louisiana and you file first.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: GE credit union took my money out my account for a car loan while in ch.7 bankruptcy before I could surrender the car

Can they do that?

Timothy Denison
Timothy Denison answered on Oct 15, 2021

No. Not if they were on notice of the bankruptcy filing.

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1 Answer | Asked in Bankruptcy for Florida on
Q: filed chapt 7and later a 13 i cant pay and trustee filed motion to dismiss 13. can the court revert me to a 7 again?
Timothy Denison
Timothy Denison answered on Oct 14, 2021

Not unless you file a motion to convert back to a chapter 7.

1 Answer | Asked in Bankruptcy and Civil Litigation for Arkansas on
Q: Is bankruptcy the best option? If so, which chapter? And do we have to hire a bankruptcy lawyer?

My fiancé and I got into a car accident- we rear ended the person in front of us. It’s was a simple fender bender and even in the police report they estimated the damages of the other person’s car at $3,000 with no injuries. Well we didn’t have insurance. Now the person we hit and his... Read more »

Timothy Denison
Timothy Denison answered on Oct 8, 2021

Consult a bankruptcy attorney who can see your entire financial situation and determine the proper course of action.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for North Carolina on
Q: So I hired a contractor to build a pergola on my patio. I paid the down payment of $3775.00 and no work what can I do?

After 2 different reschedules, no show no call on the third reschedule. I had to track down information and I find out the owner was closing business financial problems this was on August 30. I have yet not received any paperwork from a lawyer stating he has filed bankruptcy. I went and file... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Oct 7, 2021

There is no time limit on filing bankruptcy. He could wait years to do it, if he ever even files. There is, however, a time limit on you filing a civil suit against him for breach of contract and fraud. If you were to sue him in the county where the work was performed you would have to file the... Read more »

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1 Answer | Asked in Bankruptcy and Trademark on
Q: How can a US resident that his account in Binance was locked activate again his account.
Timothy Denison
Timothy Denison answered on Oct 6, 2021

Need more information. What is your question?

2 Answers | Asked in Bankruptcy for Virginia on
Q: SOMETHINGS NOT RIGHT ON THIS WHAT BANK SAYING..HELP ME

1 divorce way way back 24 yrs ago..a 13 medical cause.not 5.how do I fix.im alone 64 senior has destroyed my credit.NOT RIGHT INFO.WHAT DO I DO

Daniel Staeven
Daniel Staeven answered on Oct 6, 2021

Typically, after a bankruptcy case you need to take affirmative action to build your credit. There are many ways to rebuild your credit such as a secured credit card, taking a higher interest car loan, or having a co-signer with you on a loan.

Good luck to you.

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4 Answers | Asked in Bankruptcy for Massachusetts on
Q: Error on 7 bankruptcy wrong amount owed 2 yrs ago discharge

Can they still come after me

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 5, 2021

The main things are that the Creditor was listed and you received your Discharge. Assuming they were listed, the Creditor was on Notice of your Bankrutptcy and was sent Notice of the Hearing and Right to Object or File a Complaint to Determine Dischargeability. The Creditor was also sent a Notice... Read more »

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3 Answers | Asked in Bankruptcy for Oklahoma on
Q: Do I need to attend a motion for default judgment
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 5, 2021

You don't say whether the hearing is set in Oklahoma District Court, or the US Bankruptcy Court for the Western District of Oklahoma. Either way, if you fail to appear, a judgment will almost certainly be entered against you.

Note: if you have filed for bankruptcy relief, and your...
Read more »

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1 Answer | Asked in Bankruptcy for Florida on
Q: Instead of Bankruptcy can I sell a Vacant lot I own and negotiate with my Creditors?

I am looking for an alternative to Bankruptcy. Chapter 13 doesn't work for me it seems to expensive. Chapter 7 seems like my only way. I do have a Bankruptcy Lawyer but looking for a second opinion. I own a Condo and a vacant lot. I don't have any other assets. Since Covid having problems... Read more »

Stuart A. Young
Stuart A. Young answered on Oct 5, 2021

Debt settlement may be OK but do not forget that you will get a 1099 tax form from each creditor that you settle with. Any reduction in debt or debt forgiveness will be treated as a "taxable event" and you will have to pay income tax next year on every penny that you save. In bankruptcy,... Read more »

1 Answer | Asked in Bankruptcy for New Jersey on
Q: Are non lawyers allowed to prepare bankruptcy petitions in nj
Leonard R. Boyer
Leonard R. Boyer answered on Oct 5, 2021

Not legally and why would you want one. Bankruptcy is a very complex area of law and a significant number of things can go wrong in what you might consider a simple Chapter 7 Bankruptcy. Only licensed attorneys are licensed to practice law. Choosing a cheap attorney can often lead to expensive... Read more »

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