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1 Answer | Asked in Bankruptcy, Admiralty / Maritime, Banking and Business Formation on
Q: TFB1343999069

TFB1343999069

Timothy Denison
Timothy Denison
answered on Feb 8, 2023

What is your question?

4 Answers | Asked in Bankruptcy and Car Accidents for New York on
Q: I was a pedestrian in Brooklyn when I got hit by a car exactly a month later the insurance filed for bankruptcy

The company already finished with the bankruptcy I signed settlement agreement for a certain amount already 3 months ago what is taking so long

Carl Nelson
Carl Nelson
answered on Feb 8, 2023

Bankruptcy can be a long and sometimes frustratingly-slow process for creditors. However, bankruptcy is guided by a complex mix of federal bankruptcy law, bankruptcy and local rules and other areas of state and federal law. In short, it is complicated and often has very important deadlines that... Read more »

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: How can I fine a lawyer to file bankruptcy
Timothy Denison
Timothy Denison
answered on Feb 8, 2023

Your local bar association or legal aid society can help you or you can research local bankruptcy attorneys online to find the right one for you.

1 Answer | Asked in Bankruptcy for Texas on
Q: Saw Bankruptcy Lawyer/ Consultation about filing chapter 7 , paid $5,500 up front, 24 hrs changed my mind, won’t refund

Paid $5,000 up front plus filing fees and I explained while there at Bankrupcy Attorney office that I shared inherited property with my siblings, After I got home within 24 hrs I called our probate Attorney and was told the Bankruptcy could affect my siblings in the shared property so I called... Read more »

Timothy Denison
Timothy Denison
answered on Feb 7, 2023

Depends on the contract you signed but most likely not appropriate. If he continues to refuse and your contract does not address it, you may have to file a fee dispute with your state bar.

2 Answers | Asked in Bankruptcy for Florida on
Q: I am trying to find a preparer to help with printing out my bankruptcy documents to file with the courts.
John Michael Frick
John Michael Frick
answered on Feb 7, 2023

This is unnecessary. Federal court documents are filed electronically via the federal court’s ECF system. Once the documents are prepared on a computer and electronically signed, you should file them electronically and keep a copy for your use.

If you want to retain a hard copy for your...
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1 Answer | Asked in Collections and Bankruptcy for Texas on
Q: Does a motion to lift stay (DSO Claimant) for a default judgment mean I still must figure out collection from ex?

Ex Husband is still in the approval (or denial) for Chapter 13. My motion for relief of stay keeps getting pushed forward since he keeps getting pushed forward. The trustee is now recommending denial of his chapter 13 due to timeliness. I have a default judgment for attorney fees and amount owed up... Read more »

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

You will have to get the additional award of attorney fees approved by the divorce court. Your settlement agreement may also have language regarding such an award.

2 Answers | Asked in Bankruptcy for California on
Q: I credit report post Ch.7 BK -credit card charged off after has debt on CR for 2 years leading up to after the BK.

Is it legal for a credit card company to post monthly (charge offs) on credit report for all months 24 months leading up to BK and after the Ch.7 BK was discharged. The CC debt was charged off by the credit card company after 180 days.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 6, 2023

The Consumer Protection Bureau mostly regulates credit card issuers and the credit bureaus.

It's my understanding that an unpaid debt to a credit card issuers remains on your credit report for 7-10 years, although it is usually couched as discharged in bankruptcy. But yes, it appears...
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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: I am currently homeless and i spent money claimed on my wild card exemption before a 341 meeting can i get into trouble?
Robert Simonian
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Robert Simonian
answered on Feb 6, 2023

This is a difficult question to answer without asking you more detailed questions. For example, generally speaking, if you spend $500.00 or less on necessities I would say it is not a problem. If you spent a large amount of money and the trustee feels for some reason that the money was not exempt... Read more »

2 Answers | Asked in Bankruptcy for Tennessee on
Q: Can I\should I sell my home and move to an apartment while in Chapter 13 bankruptcy?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 6, 2023

Yes, you "can", but the question is more whether you should.

If your Ch. 13 Plan does not already provide for the sale, you will need to move for a modification of your Plan to provide for the sale and more importantly, what becomes of the sale proceeds.

And how will a...
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3 Answers | Asked in Bankruptcy for New Jersey on
Q: I need help filing for bankruptcy

I just moved from Texas to New Jersey in the last two months and I’m not sure which state to file in and I am looking at a chapter 13 bankruptcy

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 5, 2023

One needs to be a resident for 180 days to file in the venue they reside.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: Ohio Bankruptcy question

I own a house with a mortgage but both units are being rented out.

I have a rental property that I co- own with someone and that property is being rented out.

Can I file bankruptcy without losing my house with mortgage attached or rental, If so, what chapter

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on Feb 5, 2023

7 and/or 13 may be available to you. The answer depends on equity, income, and other issues involve being current on the mortgage. A much closer analysis with you is needed before any bankruptcy attorney can properly answer the question. Great question though. The attorney can review your specific... Read more »

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: chapter 7 with discharge. One loan in the chapter 7 sent me a 1099-A is that incorrect should it have been 1099c
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 4, 2023

Doesn't really matter. What you need to do is give to your accountant and make sure he knows you filed for bankruptcy and he files the appropriate form so it is not seen as income.

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: chapter 7 with discharge. One loan in the chapter 7 sent me a 1099-A is that incorrect should it have been 1099c
Daniel Edward Mueller
Daniel Edward Mueller
answered on Feb 7, 2023

Was the debt a mortgage loan? Form 1099A is used to determine capital gains and losses on abandoned or foreclosed property (usually real property.) When you surrender your home in bankruptcy, you may receive a form 1099A from your mortgage lender, most often if (1) the property is vacant and (2)... Read more »

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Do I have to pay HELOC that was part of a bankruptcy? Is a HELOC recorded at court as a lean on the house?

There is no mortgage on the house. Gwinnett county records indicate a 43,000$ lean on house. Chase claims I owe $113,000 on the HELOC.

Timothy Denison
Timothy Denison
answered on Feb 2, 2023

You should have your bankruptcy lawyer pull those records asap and determine the amount owed and payment status, if any.

1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: Is it considered abandonment if I move out of my house while in the process of selling?

My friend and I purchased a home together. We are co-owners. We are both on the title and mortgage. We're not married, but we were together for some time after buying the house. We're no longer friends, and are in the process of selling the house. I filed Ch.7 bankruptcy last year and the... Read more »

Timothy Denison
Timothy Denison
answered on Jan 28, 2023

No. They cannot. Get all your payment records together.

2 Answers | Asked in Bankruptcy for Alabama on
Q: How long after a Chapter 7 filed is it determined to be an asset/no asset case?

We are currently in a Chapter 7 in the state of AL we have lived her 1.5 years, and moved from CA, and other than providing the required information, our attorney barely communicates with us. I have sent her several emails with questions, and no response. We are in a very small town, and our law... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 27, 2023

In my PA district, around Philadelphia, the trustees send out a "no-asset" notice shortly after the 241/first meeting of creditors is completed. IOW, that's about a month or two after the case is filed.

Non-responsiveness of counsel, at least in the bankruptcy field, is not...
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2 Answers | Asked in Bankruptcy for Georgia on
Q: I'm n bankruptcy do I have to still keep my attorney bn bankruptcy for years. The entire time
Timothy Denison
Timothy Denison
answered on Jan 26, 2023

You should have an attorney at all stages if your bankruptcy proceeding.

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2 Answers | Asked in Bankruptcy for Georgia on
Q: I'm n bankruptcy do I have to still keep my attorney bn bankruptcy for years. The entire time
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 26, 2023

From your question, I have to assume that you are in a Chapter 13 proceeding, and that your plan, by now, has been confirmed. Implicit in your question is whether you may be liable for additional attorneys fees.

Until recently, in most cases, a debtor's attorney was "stuck"...
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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I am on Social Security Disability and I have no other income. I have been served some court summons the past few months

because of past due credit card bills. I have no money and no assets at all. My credit report says I have about $30,000 in credit card debt. Should I file Bankruptcy or Is there really no need since im on disability ? Will it all eventually fall off my credit report regardless ? Please help me.... Read more »

Timothy Denison
Timothy Denison
answered on Jan 26, 2023

Based on the facts you set forth, you should file chapter 7 bankruptcy after consulting a practitioner. These debts will not just fall off in most cases.

2 Answers | Asked in Bankruptcy, Estate Planning and Tax Law for Colorado on
Q: How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims

How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims (IRS seizure, collection lawsuits from business and credit card creditors)? Divorce is not anticipated. This is in Colorado.

Timothy Denison
Timothy Denison
answered on Jan 24, 2023

Keep all of your assets titled in your name only.

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