Bankruptcy Questions & Answers

Q: Can I file for Chapter 7 Bankruptcy if my mom has me down as a Shareholder on her Coop?

2 Answers | Asked in Bankruptcy for New York on
Answered on Aug 14, 2018
Cristina M. Lipan's answer
This is considered your asset as well. While an exact answer depends on factors that require more information, most likely yes, the trustee would come after this co-op.

Q: Can civil cases be included in bankruptcy if your drivers license is suspended for nonpayment in the state of pa?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Aug 13, 2018
Timothy Denison's answer
Yes. Civil cases can be included, although debts owed to the state are a bit trickier, especially if it’s a fine or court costs.

Q: My aunt bought a computer on my behalf under her name. Do I have any legal right to it?

1 Answer | Asked in Bankruptcy on
Answered on Aug 13, 2018
Timothy Denison's answer
Possession is 9/10 of the law. You may want to contact the creditor directly and see if you can negotiate a settlement. It is highly unlikely they ever find you or it, however.

Q: What If I receive my inheritance before filing for bankruptcy, can I send a part of it to someone I'm owing some money.

1 Answer | Asked in Bankruptcy for Illinois on
Answered on Aug 13, 2018
Ray Choudhry's answer
If you transfer assets prior to filing bankruptcy, the trustee can get them back.

This includes repaying debts over and above normal.

Q: Can I still use my inheritance for personal need after filing for bankruptcy in the USA

2 Answers | Asked in Bankruptcy for Illinois on
Answered on Aug 13, 2018
Ray Choudhry's answer
This is a complicated question which turns on how, what and when you received or will receive your inheritance.

Need more information to answer your question.

Q: I had my day in court and still nothing got done or decided !

1 Answer | Asked in Bankruptcy and Foreclosure for New Jersey on
Answered on Aug 12, 2018
Timothy Denison's answer
You may need to get approval from the Court to incur new debt, but it is a very viable alternative to continuing with these”investors.”

Q: Want to file for divorce. Also have a collection court date. Can I file for divorce & bankruptcy at same time? What 1st?

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Minnesota on
Answered on Aug 10, 2018
Timothy Denison's answer
Bankruptcy first, then divorce. Bankruptcy will be over in 90 days.

Q: Does discharging student loans require a specialized bankruptcy attorney? Does it always require litigation?

2 Answers | Asked in Bankruptcy and Education Law for New Jersey on
Answered on Aug 10, 2018
Michael David Siegel's answer
The likelihood of you discharging a student loan in bankruptcy is something close to zero. Do the Dept. of Ed. payment plan program.

Q: I plan on filing for a bk w/in the next 6 mo. If my dad gifted me a car he bought for 1600 how does that affect the bk?

2 Answers | Asked in Bankruptcy for Florida on
Answered on Aug 9, 2018
Alex McClure's answer
The vehicle is now an asset of yours. The value is fair market value not what you think its worth or what you paid or what he paid.

Under Fla. Stat. 222.25(1) you may exempt $1000 in value of a motor vehicle. You may also use any other exemptions (known as stacking) allowed to you by law.

An attorney (HIGHLY recommended) will help you through the whole process so there are no surprises to you and everything is planned out properly.

Hope this helps.

Q: If a married couple is in Ch 13 what becomes of life ins proceeds if the spouse is the beneficiary?

1 Answer | Asked in Bankruptcy for Louisiana on
Answered on Aug 9, 2018
Timothy Denison's answer
No. It should be exempt and property of the beneficiary.

Q: I received my dismissal letter for my Ch. 13 in June. I'm selling my house but the title co says termination in court

2 Answers | Asked in Bankruptcy and Real Estate Law for Missouri on
Answered on Aug 9, 2018
Timothy Denison's answer
If the dismissal order has been entered, you should be free to sell your house. No order needed.

Q: Wrongful termination lawsuit while employee is in process of bankruptcy?

3 Answers | Asked in Bankruptcy and Employment Law for Michigan on
Answered on Aug 9, 2018
Timothy Denison's answer
Not much if it is a total liquidation case. Depending on the circumstances, it may be non-dischargeable in bankruptcy.

Q: I file chapter 7 in April discharge in aug when I go on my credit report its saying I pay off the amount do I still pay

1 Answer | Asked in Bankruptcy for Illinois on
Answered on Aug 9, 2018
Timothy Denison's answer
If you reaffirmed the debt, you still pay it. If you did not reaffirm the debt, you do not pay it.

Q: Can a judgment against me garnish my SSDI (Disability), my old VW Bug that's worth less than $3,000, my furniture?

4 Answers | Asked in Bankruptcy and Collections for California on
Answered on Aug 8, 2018
Timothy Denison's answer
They cannot garnish your ssi and you probably have enough exemptions to protect the property you described. You can probably get a free consultation with a bankruptcy attorney who can give you some help

Q: How am I supposed to pay for an attorney if I'm bankrupt?

3 Answers | Asked in Bankruptcy for New Jersey on
Answered on Aug 8, 2018
Timothy Denison's answer
Consular a bankruptcy attorney who can advise you how to resolve trust issue in light of your financial situation.

Q: Can I keep my car if I need to file for bankruptcy?

3 Answers | Asked in Bankruptcy for Washington on
Answered on Aug 8, 2018
Timothy Denison's answer
Yes. If you reaffirm the debt.

Q: How will my filing of bankruptcy affect my alimony payments?

1 Answer | Asked in Bankruptcy for Texas on
Answered on Aug 8, 2018
Mr. J. Thomas Black's answer
Alimony is considered a "domestic support obligation" or DSO in bankruptcy. It is not dischargeable in bankruptcy. It is also considered a priority claim and entitled to distribution ahead of other claims. So there should be no change in your alimony payments by reason of a bankruptcy filing.

Q: If I file for bankruptcy, do I choose which chapter to file myself?

2 Answers | Asked in Bankruptcy for Colorado on
Answered on Aug 8, 2018
Timothy Denison's answer
You should determine which chapter, 7 it 13, after consultation with your bankruptcy lawyer on which your situation requires.

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