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Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Texas on
Q: My bankruptcy lawyer passed away. He was helping me with a lien on my house that belongs to my ex.

My lawyer found out there was a lien on my house. This is from my ex's loan he has for solar panels. In our divorce he was awarded his loan and the panels. The divorce decree also said he had to remove the panels. He never did and quit paying his loan. The panels are turned off and locked... Read more »

Timothy Denison
Timothy Denison answered on Jul 10, 2020

Unfortunately, you will have to retain another lawyer. You may be able to get him reimbursed by filing a contempt motion in your divorce case.

1 Answer | Asked in Bankruptcy for New York on
Q: Do I need to fill out a Modified Form 410 Proof of Claim form?

I have a pension with JC Penney Corporation. The company has filed for bankruptcy protection. My pension is insured with the PBGC. I just received a Modified Form 410 Proof of Claim form from the bankruptcy court. Does this form have anything to do with my pension? haight78@hotmail.com

Timothy Denison
Timothy Denison answered on Jul 10, 2020

Yes. Fill it out and file it immediately. You may want to emits a lawyer to help you.

1 Answer | Asked in Bankruptcy for Michigan on
Q: Bankruptcy on defaulted student loans

I understand you have to prove undue hardship to file on student loans, but is it possible to file on DEFAULTED student loans?

Trent Harris
Trent Harris answered on Jul 9, 2020

Yes, defaulted student loans are usually the ones people would want help with in bankruptcy. To get a discharge for student loans in bankruptcy, you generally need to file an adversary proceeding where you can prove undue hardship, just as you said in your question. Whether a student loan is in... Read more »

3 Answers | Asked in Bankruptcy for Oregon on
Q: Can I bankrupt one item from my credit - an eviction?

An ex and I signed a lease for an apartment 2016, 3 months before the year was up we had to move out of state and didn't have the money to pay the rest of the lease. Of course there is an eviction on my credit (and probably his too). He and I broke up due to abuse and I have no idea where he... Read more »

Michael Francis Barrett
Michael Francis Barrett answered on Jul 9, 2020

You cannot file for bankruptcy on only one debt - all of your debts must be listed and are affected. You may want to consider seeing a debt settlement attorney in your area, perhaps you can work out a favorable settlement on this one debt.

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1 Answer | Asked in Civil Litigation and Bankruptcy for Illinois on
Q: Can a lawyer representing one judgment creditor solicit business from the other creditors of the same judgment debtor?
Timothy Denison
Timothy Denison answered on Jul 9, 2020

They can if it does not conflict with the original creditors interests.

2 Answers | Asked in Bankruptcy for North Carolina on
Q: How can student loan be discharged in bankruptcy ? Does it cost to try ?

Hello

My wife and I decided to file for bankruptcy, we have too many debts, credits cards,loans, car repossessed...

I also have a Federal Student loan of about $60.000 and I know it's super hard and almost impossible to discharge federal student loans but from my researches... Read more »

Timothy Denison
Timothy Denison answered on Jul 9, 2020

Student loans are rarely ever completely discharged. You have to prove undue and continuing hardship. It does cost more bc it is a separate proceeding within the bankruptcy.

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1 Answer | Asked in Bankruptcy and Personal Injury for Wisconsin on
Q: Should I hire a lawyer?

My tenant is planning to sue me, he got hurt when cutting down a tree on our property that we paid him to cut I was not there when tree was getting cut

Timothy Denison
Timothy Denison answered on Jul 9, 2020

Your homeowners or renters insurance should defend you and provide a lawyer for you.

1 Answer | Asked in Bankruptcy, Contracts and Real Estate Law for Ohio on
Q: Can a closed bankruptcy be reopened and reversed if a creditor perpetrated fraud on debtor caused debtor to orig file?

This involves a land contract which I know has its own set of hurdles but basically I want to know if the vendor of the land contract committed fraud or at least made known significant misrepresentation to the common pleas court can that be grounds to reopen the bankruptcy case and reverse the... Read more »

Timothy Denison
Timothy Denison answered on Jul 6, 2020

Possibly, but it would be very difficult unless the proof establishes the fraud unequivocally. Contact a competent attorney who can realistically assess your chances of success.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: If the trustee recommends a chapter 7, what can you do as a creditor do?
Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 6, 2020

A bankruptcy trustee does not "recommend" a Chapter 7. If someone who owes you money filed a Chapter 7, the Trustee confirms their eligibility to file bankruptcy and looks for any assets which are not "exempt" that he could sell to pay the creditors. The Trustee will then file a... Read more »

1 Answer | Asked in Bankruptcy for Illinois on
Q: Do I have to pay all lien holders 100% if I file for Chapter 11 if I want to keep it in Illinois?

Commercial property with a market value of 1.8 -2.0 Mil . Have 1st $ 2nd Mortgages for 1.5 Mil. Have a lien from a lender who used it as collateral for 1.2 Mil.

I can afford the 1st & 2nd mortgages. If I have to pay a lender who used the property as collateral do they need to be... Read more »

Timothy Denison
Timothy Denison answered on Jul 6, 2020

To keep property you will have to pay all three liens. The third may be avoidable to a degree. Consult a qualified bankruptcy attorney

1 Answer | Asked in Bankruptcy, Civil Rights and Landlord - Tenant for Arkansas on
Q: What is Washington county Arkansas eviction notice due to the covid-19

I have been unable to find work in the construction field during this epidemic and have had to carpal tunnel procedures gun before that and have not been able to work being the only provider in the house I have fell behind on rent

Phil Cardis
Phil Cardis answered on Jul 5, 2020

It appears that Bankruptcy may be a viable option as many grapple with Covid impacts right now. Many states and local governments stayed evictions due to the pandemic so that may be applicable in some manner.

It would be best to consult with a BK attorney to explore what options are best...
Read more »

2 Answers | Asked in Bankruptcy and Collections for Tennessee on
Q: Would a judgement proof letter help or hurt us Creditors are calling we haven’t paid in a year or so

We both draw ssdi And have some medical debt and just can’t make these payments can’t file bankruptcy til 2023

Michael Hollins Sr.
Michael Hollins Sr. answered on Jul 3, 2020

If you are indeed judgment proof, I believe that should be enough to dissuade debt collectors from harassing you, but if not, get a lawyer and allow them to take the steps necessary to stop the creditors from harrasing you.

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: our home was included in our bankruptcy we moved out but the township keeps saying we are responsible for the lawn care

they are threatening legal action, how can we be responsible when we don't own the house anymore. Also The bank was notified that we did move out

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 3, 2020

Just because you've moved out/abandoned the property doesn't automatically equate to someone else taking title to the property. The township, and other providers of utilities, hold the record title owner responsible for their respective charges. The bankruptcy, if it was a Ch. 7 case,... Read more »

4 Answers | Asked in Bankruptcy for Ohio on
Q: I’m afraid of filing bankruptcy. What happens if it’s not approved?
David Luther Woodward
David Luther Woodward answered on Jul 3, 2020

I think you may have the concept all wrong. "Approval" as you suggest is not involved.

Go see a bankruptcy lawyer and complete the interview and any questionnaire given to you. Based upon that interview and the answers, the lawyer will explain your options and he can determine...
Read more »

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2 Answers | Asked in Bankruptcy for Missouri on
Q: Can NSF Checks be discharged in a Chapter 7 Bankruptcy ?

I have filed bankruptcy an included NSF Checks as debts, however i have come to learn that the prosecuting attnys in some counties already have some of them. Can they still be discharged?

Timothy Denison
Timothy Denison answered on Jul 2, 2020

No. They cannot be discharged.

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: How do I file an objection to a discharge for money owed from divorce proceedings? Can I do it or does a lawyer have to?

My ex-husband has filed Ch 13 (originally CH 7 but converted to Ch 13). In our divorce decree he is to pay for 1/2 of what is not covered by insurance for our kids medical (owes $2832.67) and a loan that he was to get in his own name but never did and stopped paying so I started paying it since my... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 2, 2020

You cannot change a dischargeable debt into a nondischargeable debt. It either is, or is not, dischargeable. It is very difficult for a non attorney to judge whether an obligation is a "domestic support obligation" or not. You need to take your separation agreement or equitable... Read more »

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1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for South Carolina on
Q: My parents' passed, their house was in foreclosure, house went to me, now I am listed on foreclosure as owner.

My parents died intestate with their home in foreclosure status. I have been told I am not responsible for the loan itself, however, I was served with an Owner for Joiner as Defendant because I am listed on the deed. When I went to inquire about purchasing my home, this came back against me. Is... Read more »

Timothy Denison
Timothy Denison answered on Jun 30, 2020

You are not legally responsible for the debt. However, if you wish to inherit or retain the property, you will have to pay off that debt.

1 Answer | Asked in Bankruptcy for Florida on
Q: In the Florida Middle District Bankruptcy Court....

Is there a limit on the number of times the court will allow the debtor to become several months behind on his scheduled payments? I am a creditor on my ex husbands chapter 13 and the trustee has now entered her third request for dismissal ( he's three payments behind and will be four as of... Read more »

Timothy Denison
Timothy Denison answered on Jun 30, 2020

It is all within the sound discretion of the court, but it sounds like he has about run out of chances. Be patient and he will ultimately get what’s coming to him.

1 Answer | Asked in Bankruptcy for Oregon on
Q: can an outside party buy a lien from a lien holder on my house that is in my bankruptcy, and then have a claim in it?

They used this to file a complaint to stop my lawyer from filing a dismissal and filing a new chapter 7 as a way to force me to accept an offer to buy my house at a low price.

Timothy Denison
Timothy Denison answered on Jun 30, 2020

Unless they purchased the lien prior to filing bankruptcy, it is unlikely they can do so after the filing and leverage you.

3 Answers | Asked in Bankruptcy and Foreclosure for Missouri on
Q: I'm a buyer and the seller filed for chapter 7. We were to close, now pending court decision. What are my options?

I am a buyer, went into contract with seller. We were to close but seller's went to court for bankruptcy. Is there anything I can do? What are some options that I can guarantee buying the home?

Timothy Denison
Timothy Denison answered on Jun 30, 2020

You need to hire an attorney to represent you in the bankruptcy case. You can probably still buy the property from the trustee, but the trustee is who you have to deal with from this point forward.

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