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Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for New York on
Q: Hello I am in need to file for bankruptcy. I am homeless and I am from out of state.

All of my debt occurred in a different state and is some years old I and homeless no income at moment. I will soon be filing taxes for the last years as I know it's required. Can you provide free legal aid for my situation?

Stuart Nachbar
Stuart Nachbar answered on Dec 4, 2020

We cant provide over this forum, but look up Pro Bono Services in whatever county your are in. Under Bankruptcy laws, you can file where you are , as long as you have been there for 6 months

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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Texas on
Q: Debt reported to Credit Agency: Lack of communication between Hospital and Debt-collection Agency (DCA)

Here is the Timeline:

April - I received a bill from the Hospital. June – Hospital agreed to place my payment on hold under their Pandemic-time policy.

June/July - Received two letters from a DCA. I called DCA to inform that my account was under hold. October - The hospital... Read more »

Timothy Denison
Timothy Denison answered on Dec 3, 2020

Yes. It may also be a violation of the Fair Credit Reporting Act.

1 Answer | Asked in Bankruptcy and Collections for Arkansas on
Q: Are my husbands assets safe if I have a judgement against me? We own nothing together. Arkansas.

If have a car insurance subrogation judgement against me, can that affect my husband wages or home? We own nothing together. Everything is in his name, except the car I was driving that day. We don’t even share a bank account.

I have no job, or assets of any kind, so it’s unclear what... Read more »

Timothy Denison
Timothy Denison answered on Dec 3, 2020

Yes. His assets are safe.

5 Answers | Asked in Bankruptcy for California on
Q: Can I voluntarily surrender cars and timeshares after chapter 7 if I have not completed a reaffirmation agreement
Yelena Gurevich
Yelena Gurevich answered on Dec 3, 2020

generally yes. you my want to speak to your chapter 7 lawyer as well.

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1 Answer | Asked in Bankruptcy for Virginia on
Q: I am in Chapter 13, been in it for 2 years. I am selling my. home and moving out of state. Will i be able to keep any of

the proceeds? I am a 100% PT disabled veteran with a wife and kids.

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

If your Ch. 13 plan has been confirmed, and I assume it has after 2 years, what you do with the assets you retained under your plan should not require an adjustment of the confirmed plan payments.

In my district, in eastern PA, the Ch. 13 trustee is proactive, and if a sale of the house is...
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3 Answers | Asked in Bankruptcy for California on
Q: Superior court matter stayed due to bankruptcy auto-stay… does that remove jurisdiction from state court?

We brought an administrative mandamus action in State Calif Superior court against local city agency for land use decision on a property whose prior owner was in Chapter 11 bankruptcy. Superior court judge ordered that due to auto stay provisions(11 USC 362), no further proceedings until AFTER... Read more »

Bahram Madaen
Bahram Madaen answered on Dec 2, 2020

You can file a motion for relief from stay in the bankruptcy case and then you are allowed to continue with your case in state court.

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2 Answers | Asked in Bankruptcy for California on
Q: If found guilty of a civil suit can you file bankruptcy to eliminate that debt?

My son is the defendant of a multi million dollar civil suit. He is a broke college student. If found guilty can he file bankruptcy to wipe out the debt?

Theodore Allan Greene
Theodore Allan Greene answered on Dec 2, 2020

There are some things that can be objected to and then cannot be discharged in Bankruptcy. You might contact a BK attorney with more specificity to get a more detailed analysis. I think it might be worth try and then hope no one objects but without more facts it's hard to know for sure without... Read more »

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2 Answers | Asked in Bankruptcy for Alabama on
Q: I am hoping to convert from.a 13 to a 7. Since my 13, my 19 year old daughter has been working, whom still lives

At home with me. Will the courts consider her income as part of mine? Even though i do not use her money as contribution to my household?

Kevin M Ryan
Kevin M Ryan answered on Dec 1, 2020

If you schedule your sole income and your sole expenses on Schedules I and J, your daughter's income from her employment should not be factored in. The corollary to that assumption is that your daughter earns just enough to pay for things like her vehicle, insurance, food ( at school or her... Read more »

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1 Answer | Asked in Bankruptcy, Estate Planning and Workers' Compensation for Utah on
Q: Can your v. Successful x husband leave you homeless after 20 years of marriage and 4 kids?
David Luther Woodward
David Luther Woodward answered on Dec 1, 2020

I don't know! You live in Utah and things are done differently there! LOL

Please go see a divorce lawyer ASAP. Most good family lawyers will hear you out in the first sitting. Here in Florida (and in Texas and Oklahoma) the court can award temporary alimony, child support and...
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2 Answers | Asked in Bankruptcy for Connecticut on
Q: Can I either leave my federal student loans out of chapter 7 bankruptcy or keep paying them so they are not defaulted

I am on an income driven repayment plan working towards PSLF. I have to file chapter 7 bankruptcy due to husbands bad money management. I don't want my loans to pause or go into default or in any way be affected by the bankruptcy. Is that possible? I have to stay on track so I am done paying... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 29, 2020

When you file for bankruptcy relief, you must file Schedules listing all of your debts and assets. And you must sign those Schedules under penalty of perjury. So, no, you cannot leave your student loans, or any other debt (or claim against you even if you don't think you owe it), "out... Read more »

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1 Answer | Asked in Bankruptcy for Georgia on
Q: If I lose my job before finishing my Chapter 13 do my payments still count towards my debt or is it like I haven't paid?
Timothy Denison
Timothy Denison answered on Nov 28, 2020

All payments still count toward debt.

4 Answers | Asked in Bankruptcy and Collections for California on
Q: hi, over 20 years ago i filed for chapter 7. i also had a credit card debt for around 1000 usd with a german bank

but didn't include it on my chapter 7 (this debt was about a year before filing). 13 years later i get a letter from a german collection agency adding 1000's in fees and they continue to do this. being a us citizen living in california can i disregard this?

what if anything... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 25, 2020

inform them of the bankruptcy and provide them with your bankruptcy information. they are passed the california statute of limitations to collect against you as well.

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4 Answers | Asked in Bankruptcy for California on
Q: I am about to file bankruptcy Chapter 7 in California. My debt exceeded 180.000$ and I have no assets and income

I am about to file bankruptcy Chapter 7 in California. My debt exceeded 180.000$ and I have no assets and income coming in. But I still have 60.000$ in Crypto currency. My lawyer will be able to protect 35000$ for me. I have a few personal loans that I would like to pay off, its 2 people and total... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 24, 2020

There is no best way!

Personal loans to people you know (and obviously care about) can be reached by the trustee and clawed back into the Chapter 7 estate. Should you lie about in on your schedules is is bankruptcy fraud.

I have never dealt with crypto currency in any 7 or 11 I...
Read more »

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2 Answers | Asked in Appeals / Appellate Law and Bankruptcy for Tennessee on
Q: 2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court. Bankruptsy

2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court for appeal, Defendant filed Bankruptcy July 2020, Discharged Aug 2020. Funds still on deposit and no date set for the appeal. Plaintiff not notified as debtor. Is award for plaintiff set aside... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 23, 2020

The first thing you need is a lawyer; however, you should probably either pursue the appeal or file a motion for remission of the funds to you. i am not a TN lawyer, so go find one!

Good Luck.

d

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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Texas on
Q: What to do if a Judge is making me part of a case and I am not listed as party where it shows active and inactive party

I had a case in the court, but the person litigated in another court, and was awarded his request. I filed an appeal. Then had a TI schedule, in the TI one attorney post fraud. I filed for bankruptcy, the Judge in the BK ruptcy court heard the case and overturned the lower court finding. As it was... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, this is a complex fact situation which appears to involve at least 3 different matters. No helpful comments can be made without reviewing the status of the underlying cases. If there is currently a Motion for Summary Judgment filed against you in the Counterclaim, you need to make sure... Read more »

1 Answer | Asked in Bankruptcy on
Q: Question regarding Bankruptcy Chapter 7

Hi,

I live in Los Angeles, CA.

My question is regarding potential ways of using the funds that I have left before filing bankruptcy.

I used to have AirBnb business before coronavirus started. I had 25 apartments that I used to rent and sublease to guests from all over the... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 22, 2020

You are entitled to the exemptions either under the statutes of California or under the United States, whichever is opted. Specific answers about crypto currency are beyond the pale of this type of website

1 Answer | Asked in Bankruptcy for Michigan on
Q: want to sue baker college for over charging me 30,000

Went to baker college of clinton township, they told me 2 years and 20,000 and said that would find a job for me

didnt even start on my degree until a year and a half and i got a bill from them saying i have to pay 27,000 dollars or get in trouble, it was just lies after lies from them

Robert Keyes
Robert Keyes answered on Nov 20, 2020

Cannot even comment without a lot more information.

1 Answer | Asked in Bankruptcy for Vermont on
Q: Filing Chapter 7 in Vermont and just approved for student loan refund is this protected?

I am currently filing chapter 7 bankruptcy via the internet through Upsolve and to keep the story short I was charged out of state tuition for two semesters totaling just over $10,000 maxing out my loans for the school year so I can not return until fall next year without out of pocket pay. I was... Read more »

Thomas C. Rollins, Jr.
Thomas C. Rollins, Jr. answered on Nov 20, 2020

If you are holding this money in your bank account or as cash then it usually will not matter what the funds represent. You must even disclose the fact that you are owed the money even if school is still holding the money.

While these funds represent your tuition money from your...
Read more »

1 Answer | Asked in Bankruptcy for North Carolina on
Q: I was recently given a summons for a $6,000 loan I do not want to lose my vehicle.

I defaulted on a loan for a little over $6,000 I was recently given a summons by the sheriff on behalf of the loan company. I'm currently unemployed due to the virus I'm very worried about losing my vehicle as it is my last life line (Uber) if I am taken to court with a judgement. I do... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 20, 2020

You shouldn't have to worry about wage garnishment as that isn't allowed under NC law. However, there is a chance your vehicle could be seized. Whether that happens is going to depend on the amount of equity you have in this vehicle, and to what extent you can "exempt" this... Read more »

3 Answers | Asked in Bankruptcy for Illinois on
Q: I have several unsecured debts, will it be a problem if I payoff a 2 debts 6 months prior to filing Ch 7?

I have 2 lawsuits which is the reason why I want to payoff those 2 debts because I cannot file Ch. 7 till June of 2021.

Because I will start to pay full alimony to my ex-wife starting December 1st 2020 which will bring net income to almost zero, that is why in June 2021 I will file Ch.7.

Robert J. Semrad
Robert J. Semrad answered on Nov 17, 2020

Hello,

If you would like to receive a free phone consultation with an attorney please call us at 773-654-4518.

Thank you

DebtStoppers

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