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Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Illinois on
Q: I filed bankruptcy on my own on March 29th. Now since the cares act passed on March 27th I was told no stimulus for me.

It was a chapter 7. I see the provision for chapter 13 where it says the stimulus would go to the debtor but is there something for chapter 7 as well. stimulus is considered to be part of my bankruptcy estate. So I'm reading it can be taken by the trustee to satisfy creditor debts. My question is... Read more »

Timothy Denison
Timothy Denison answered on Apr 7, 2020

See my previous answer.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Filed chapter 7 by myself on March 29th. Will I get to keep the stimulus and why? Read it would be part of my bk estate.

There are a few provisions under the cares act for chap 13 but I don't read anything for chap 7 saying that the stimulus is safe from the trustee. Is there something that specifically says I will get to keep the stimulus so I can cite it if the trustee brings it up. When I filed I had 3100 in my... Read more »

Timothy Denison
Timothy Denison answered on Apr 7, 2020

No. The stimulus check should not be part of your bankruptcy estate as it is not income so if you otherwise qualify, you should get the check.

1 Answer | Asked in Bankruptcy for Utah on
Q: Can an overpayment from and a long term insurance company be discharged in a chapter 7?
Timothy Denison
Timothy Denison answered on Apr 7, 2020

Most likely, yes, unless there was some sort of fraud or dishonesty involved.

1 Answer | Asked in Bankruptcy for Minnesota on
Q: Do you have to be Married to get a lien stripped? My mom and i have a home together.
Timothy Denison
Timothy Denison answered on Apr 7, 2020

No. You do not have to be married.

3 Answers | Asked in Bankruptcy for California on
Q: Does it do me any good to get a promotion or a better-paying job while in Ch. 13?

My Ch. 13 was filed and approved in the summer of 2017, so I am halfway through it. If I get a raise or a better-paying job now, does whatever additional income I get just go to paying a higher amount each month to the plan? Will I have to file a new budget and get a new approval from the court?... Read more »

Aaron Michael Lloyd
Aaron Michael Lloyd answered on Apr 7, 2020

Hello,

Generally, a debtor does have to report and update their bankruptcy papers if they start receiving more income. This increased income may or may not increase your plan payments. It may depend on the type of chapter 13 case you are in and if your expenses changed.

Depending...
Read more »

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: I'm in a Chapter 13 in Western Dist of KY. Confirmed in 2017. Will I have to turn stimulus check over to trustee?

The CARES act seems to be very clear that the Stimulus money cannot be used as "income" when FILING bankruptcy or when CONFIRMING the chapter 13 plan. The language isn't quite as clear for people currently in a confirmed Chapter 13 plan. Will I be able to keep the stimulus money or will the... Read more »

Timothy Denison
Timothy Denison answered on Apr 6, 2020

No. You should be able to keep your stimulus check if you otherwise qualify.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: Filed bankruptcy on March 30th. Would I get the stimulus or will it go to the trustee? It is a chapter 7.

It would be considered post petition. I filed on my own so I am trying to get information.

Timothy Denison
Timothy Denison answered on Apr 6, 2020

Stimulus check should go to you.

2 Answers | Asked in Bankruptcy for Georgia on
Q: If you’re in ch 13 case in Georgia. Is the stimulus part an asset of your bankruptcy estate that must be surrendered ?

Confirmed last year.

Jeffrey William Narmore
Jeffrey William Narmore answered on Apr 6, 2020

Hi there. Lots of people asking that question today! The CARES Act amended the Bankruptcy Code to exclude the stimulus payments from the definition of "current monthly income," meaning that if you can show that the funds come from the stimulus payment, they should be treated the same as Social... Read more »

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3 Answers | Asked in Bankruptcy for Georgia on
Q: I’m in chapter 13 bankruptcy in Georgia. Will the trustee be able to seize my stimulus check?

My case was confirmed in 2019 and my attorney couldn’t give a solid answer on this. From my research it looks like it exempt from being taken like your tax returns. Please someone help because I’m not sure what to do once I get the deposit

Kenneth Allen Parker
Kenneth Allen Parker answered on Apr 6, 2020

From what I understand, the Northern District Chapter 13 Trustees will not be seeking stimulus checks.

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: In chapter 7, can you avoid a lien and dispute it in an adversary proceeding, in 2 actions?

I'm in chapter 7. I have an invalid judgment lien. Can I file a motion to avoid, and then subsequently initiate an adversary proceeding to have the judgment removed? In other words, by seeking to avoid, am I somehow giving credibility to the judgment's validity or creating an estoppel on having it... Read more »

Timothy Denison
Timothy Denison answered on Apr 6, 2020

Yes.

1 Answer | Asked in Bankruptcy for Iowa on
Q: wondering if bankruptcy is the best option for me at this point
Timothy Denison
Timothy Denison answered on Apr 5, 2020

Schedule a consult with a bankruptcy attorney who can evaluate the financial situation and answer your question.

2 Answers | Asked in Bankruptcy for Illinois on
Q: I have already filed chapter 7 will I get to keep the stimulus check?

There is so much information out there that is very confusing. I filed on March 31st. From what I have read it can't be taken to pay creditors which is ultimately the job of the bankruptcy trustee

Timothy Denison
Timothy Denison answered on Apr 5, 2020

Yes

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can I keep my one rental property (only income source) and my home in chapter 7 bankruptcy?

I own two home. One I use as a rental property for income and it is my only source of income. I also own a house with my husband that we live in. Can I keep both? Not a joint filing, only me. My name is on the mortgage for one house and his on the mortgage for the other. But both of our names are... Read more »

Timothy Denison
Timothy Denison answered on Apr 4, 2020

Depends on the value and how much equity you have in the houses. You should consult a bankruptcy attorney to guide you through this.

2 Answers | Asked in Bankruptcy for Michigan on
Q: Certification Regarding Domestic Support Obligations

I received a pre discharge notice regarding my Chapter 13 bankruptcy case and it spoke about the form listed above. Is this something I have to complete or is it not required? I don't want to miss anything that could prevent my case from discharging. I pulled up the dorm and it does not have... Read more »

Timothy Denison
Timothy Denison answered on Apr 3, 2020

Check with your bankruptcy attorney but you should not have to take any action nor should it hold up your discharge.

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: I'm filing chapter 13. I have care credit for all my medical/dental. Will I still be able to use the card while in 13.

card is current and i have no insurance. Tenneessee

Timothy Denison
Timothy Denison answered on Apr 3, 2020

Yes. If it is current you should not have a problem.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: I'm in chapter 13 and I'm in retirement, irs is in the chapter 13, do I still have to fill out a simple form for irs to

To send a stimulus check?

Timothy Denison
Timothy Denison answered on Apr 2, 2020

If you didn’t file in 2018 ir 2019, then yes, you do.

3 Answers | Asked in Bankruptcy for South Carolina on
Q: Someone said I had a warrant I checked, it said the data source was SC bankruptcy Court I never filed for bankrup

I'm confused because I never discussed bankruptcy and never filed for bankruptcy I don't understand why that would be the data source so I'm trying to find out if I do actually have some kind of warrant out that's legitimate

David Luther Woodward
David Luther Woodward answered on Apr 2, 2020

Bankruptcy Courts do not issue warrants: they are not criminal courts.

Check with the clerk of the bankruptcy courts in SC and see if they have anything on file for you.

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1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: I have a money judgement from Florida and I live in North Carolina. What are my next steps in resolving this debt?

I do not have the full amount but can make payments. Do I initiate the payment plan or wait until the lawyers go through discovery?

Timothy Denison
Timothy Denison answered on Apr 1, 2020

Contact your lawyer and initiate a compromise settlement or payment plan with the creditor.

1 Answer | Asked in Bankruptcy for Texas on
Q: My mother is filing for bankruptcy. She is the Co-Signer on my car. Will I lose my car? She has a vehicle also.

IF she is the primary on the note and filing for bankruptcy, will she lose her can and mine? I make the payments and can prove the payments come from my account.

Timothy Denison
Timothy Denison answered on Apr 1, 2020

No. Not as long as you continue to pay for the car.

1 Answer | Asked in Bankruptcy for Idaho on
Q: I filed for chap 7 and forgot to list an asset that i signed for but not mine It’s worth 6k do I need to pay 6k to keep

I just want to know if I do have to pay the amount it’s worth if I have a time limit to pay or it I’ll have a payment plan? I need to surrender my taxes and come up with 6k and I don’t have the money for that so I need to know if I need to change to chapter 13 or cancel my bankruptcy

Timothy Denison
Timothy Denison answered on Apr 1, 2020

These questions are very case specific and should be answered by your bankruptcy attorney. If you are not the owner and it belongs to someone else. You should not have to pay. You should however, amend your schedules to add it, claim an exemption for it, and be prepared to didcusd it with the... Read more »

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