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Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Georgia on
Q: In chapter 7 can a person exempt his primary residence?
Jeffrey William Narmore
Jeffrey William Narmore answered on Dec 13, 2019

Hello. Yes, every state allows exemptions, usually up to a certain amount of equity (the value of the residence minus any debt secured by the property). In Georgia, a homestead exemption of $21,500 is available or $43,000 for a joint case to those who qualify as residents under the applicable... Read more »

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1 Answer | Asked in Employment Law, Tax Law and Bankruptcy for Texas on
Q: If a state employee knowing filed personal income tax returns under the wrong filing status can they be terminated
Timothy Denison
Timothy Denison answered on Dec 13, 2019

Probably not but they will have to amend the return.

1 Answer | Asked in Bankruptcy and Foreclosure for Washington DC on
Q: Can the plaintiff's reopen a foreclosure civil case after summary judgment

This is after the case was closed and after the defendant is filed a 7 bankruptcy. DC, the plaintiff has requested a 60-day continuance

Timothy Denison
Timothy Denison answered on Dec 11, 2019

If the defendant has filed bankruptcy and listed that debt, all action on it is stayed unless relief is given by the court.

2 Answers | Asked in Bankruptcy for Colorado on
Q: Do I have to give the trustee my lawsuit money if my discharge date is 01/12/20 and I already had my meeting of Creditor

My lawsuit hasn't been settled yet.

Clark Dray
Clark Dray answered on Dec 11, 2019

If you had a claim against a third party on the day the case was filed, that is an asset which is probably property of the bankruptcy estate. This means that the lawsuit isn't yours to settle. Your attorney in the suit will need to coordinate with the trustee to settle the claim. Part of the... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I own a construction business and am recently divorced and have lots credit card debt which bankruptcy do I need?

most debt is personal debt, do I have to sell trailers and tools to cover my debt?

Trent Harris
Trent Harris answered on Dec 11, 2019

Your options for personal bankruptcy come in basically two flavors: Chapter 7 liquidation or Chapter 13 repayment plan. If you are eligible for it, most bankruptcy lawyers will try to file you under a Chapter 7 case, unless there is a reason Chapter 7 wouldn't be best for you. So let's look at how... Read more »

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1 Answer | Asked in Bankruptcy, Banking and Collections for Texas on
Q: I enrolled in a debt relief program and now I am getting sued by one of the cards that I enrolled in this program. Help!

I enrolled in a debt relief program and advised me to stop paying the credit card that I transferred to this program. I have not missed a payment since I enrolled and I am in good standing. Now, one of the cards is suing me for not paying and the debt relief program said that they can not give... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 10, 2019

A debt relief program does not mean the creditor has to stop collection activity on you. I suggest you speak to a debtor's attorney regarding your options as soon as possible.

3 Answers | Asked in Bankruptcy for Michigan on
Q: What is the approximate cost to file bankruptcy?

Im not certain which chapter I would need to file. Im divorced & have no assets. I have less than $20,000 debt, such as judgements from credit cards and a previous landlord, medical & miscellaneous debt. I’m also making small payments on federal student loan debt and am in good standing where... Read more »

Ralph Reisinger
Ralph Reisinger answered on Dec 10, 2019

Based on the information you provided you would most likely file a Chapter 7 Bankruptcy. Assuming your last Bankruptcy was a Chapter 7 you would qualify for another Chapter 7 since its been over 8 years. One thing you need to consider is any possible inheritance. If you inherit within 6 months of... Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: I am senior on SS, I need to file bankruptcy

The mortgage raised my payments, and I can't make them, I don't want to lose my home

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 6, 2019

Hello - I answered this question already in another section.

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1 Answer | Asked in Bankruptcy for Texas on
Q: Can i get someone to help me, I need to file bankruptcy, like now, no one will answer me, i have been trying

I am a senior on SS, the mortgage raised my payments, and I can't pay them, i am in danger of losing my home, I have been trying for weeks to get someone to help me

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 6, 2019

If the mortgage raised your payments due to your taxes being escrowed make sure your taxing authority knows you're a senior so that your tax bracket is frozen and won't increase each year. You might file a chapter 7 bankruptcy to get rid of unsecured debt like credit cards and medical debt which... Read more »

1 Answer | Asked in Bankruptcy for Ohio on
Q: My mother is declaring bankruptcy and wants me to cash one of her checks is that legal?

My mother has declared bankruptcy and is having her wages garnished. She wants to sign a paycheck over to me and have me cash it for her. Is this legal?

Timothy Denison
Timothy Denison answered on Dec 5, 2019

If she has Actually filed bankruptcy, the stay prevents anyone from garnishing her wages so you are perfectly justified in cashing it for her if you so choose.

1 Answer | Asked in Bankruptcy, Consumer Law and Tax Law for Ohio on
Q: How to handle a difficult local tax issue?

I have tried countless time to make payment arrangements on a local tax which I owe. The agency will not negotiate with me at all. The original debt was $1600. The agency tacked on any additional $1900 in fees and interest. They will only allow 18 months to pay off the debt. I have a small... Read more »

Timothy Denison
Timothy Denison answered on Dec 4, 2019

If you file bankruptcy, it stays ALL collection efforts.

2 Answers | Asked in Bankruptcy and Landlord - Tenant for Maryland on
Q: Can a landlord still go through eviction process while you are paying the rent owed?

Filed bankruptcy Sept 17. Eviction was filed Sept 23. Landlord waited 30 days with no contact til Oct 23. Threaten eviction. Never received eviction paperwork. Sheriff came out to evict. Provided half of rent owed to landlord. Still providing rent owed to landlord but landlord is still threaten to... Read more »

Stuart Nachbar
Stuart Nachbar answered on Dec 4, 2019

I believe that the Landlord would have to get permission from the Bankruptcy Court to proceed, otherwise it would be a violation of the automatic stay. Contact your lawyer as soon as possible

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1 Answer | Asked in Banking and Bankruptcy for North Carolina on
Q: My wife recently filed for bankruptcy soley without my knowledge to rid her responsibility to our debts. what do i do

She has not been living here at home for some time and has been living with her Mother who has convinced her to file for bankruptcy to get rid of her obligations to our debts. She is hiding money from the case to help strengthen it in her mothers accounts as well as possible accounts. She has... Read more »

Timothy Denison
Timothy Denison answered on Dec 4, 2019

If you can prove she is hiding money, you may want to advise the trustee in her bankruptcy case.

2 Answers | Asked in Bankruptcy for South Carolina on
Q: We had a discharge of bankruptcy 5 yrs ago. Recently received a wrongful death settlement, trustee wants it. Our rights?

Initially said they wanted for unsecured credit cards. We said okay. Now they want it all. House was in discharge and has been foreclosed on.

Stuart Nachbar
Stuart Nachbar answered on Dec 3, 2019

If the claim was pending when you filed and did not exempt it out, then the trustee has a right to make a claim on it. As for how much, probably the amount of your debt, plus the Trustee's Counsel and Trustee's Commission. Talk to your lawyer

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1 Answer | Asked in Bankruptcy for Ohio on
Q: If I have a lease agreement for a 1300 laptop and I pay it off right before filing bankruptcy, will they take it?

Leasing from Progressive, it cost $1300 total. I want to pay it off in 90 days. If I pay it off and then file for bankruptcy in 2-3 months will they look at the payments from a bank statement and take the property?

Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

Not sure the "leasing" part is accurate. If you will own the laptop after it is paid off, it will be an asset and paying it prior to bankruptcy as a secured creditor (or lease) should not materially impact your case. You will have to disclose it. The issue would be that it was a "preference".... Read more »

1 Answer | Asked in Bankruptcy for Ohio on
Q: Should I cancel my lease agreement pre-bankruptcy?

I am filing bankruptcy come Jan or Feb (need to gather the funds, or use tax money). I have entered a progressive lease for a 1300 laptop I am using for work and for my kids for school. Should I cancel the lease? Will bankruptcy affect this?

Timothy Denison
Timothy Denison answered on Dec 2, 2019

No. Cancel the lease post filing. If you wish to keep it, you can reaffirm. If not, you can reject.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: Can a "payroll register" be used in place of pay stub when filling bankruptcy? My employer doesn't have pay stubs.

It looks like all the information is the same except my address is not in the payroll register. Social is and employee ID, taxes ytd etc.

Timothy Denison
Timothy Denison answered on Nov 28, 2019

If that is all you have, yes.

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3 Answers | Asked in Bankruptcy for Maryland on
Q: Chapter 7 bankruptcy and keeping your home

I have learned that if one file for Chapter 7 bankruptcy, he will lose his house if the amount of equity matches the amount to be paid to the creditors. There is one exception which is homestead exemption and allows you to protect certain amount of equity.

The question is after homestead... Read more »

Timothy Denison
Timothy Denison answered on Nov 27, 2019

No. It is measured at the time of filing. In addition to the homestead exemption, you also have a wildcard exemption you can use to protect more equity. If you still have unprotected equity flyer that, you should consider filing a Chapter 13.

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: If an affirmation order was not made before the discharge of my Chapter7 bankruptcy, can a creditor refuse me a loan?

I used some personal property as collateral but, no longer had said property and was not ask about it by my attorney or during my bankruptcy hearing. My case was discharged 10/2014. Around August or September 2017 I applied for a small loan and was denied and told by the person I spoke with on the... Read more »

Timothy Denison
Timothy Denison answered on Nov 27, 2019

They cannot collect the loan from you but they are under no obligation to loan you money again in the future.

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