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Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Foreclosure for Florida on
Q: I am a full time student. I have a collection agency foreclosing on my house I see judge 2/14. I owe 20000 house worth

140000. USDA rhs was my lender. What can I do. Can I sell before 2/13? And pay the 20000?

David Luther Woodward
David Luther Woodward answered on Jan 17, 2020

You need to visit with a foreclosure defense/bankruptcy lawyer TODAY. From you question I cannot understand if your home mortgage is in foreclosure, or you are being sued on a student loan. In either case, run, do not walk to a good bankruptcy lawyer in your community.

1 Answer | Asked in Bankruptcy for North Carolina on
Q: In ch 13 bankruptcy, land is gifted to me in order to use it for collateral on a home loan, what does that mean for me?
Timothy Denison
Timothy Denison answered on Jan 17, 2020

You have to obtain permission From the court to incur debt while in Chapter 13. If permitted, then you should be able to use the land as collateral.

2 Answers | Asked in Banking and Bankruptcy for Michigan on
Q: Does awage garnishment stop after filing for bankruptcy
Timothy Denison
Timothy Denison answered on Jan 16, 2020

Yes

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1 Answer | Asked in Bankruptcy, Criminal Law, Federal Crimes and White Collar Crime for Florida on
Q: I need an attorney who has extensive experience in cases as a defendant vs the SEC in Miami

See: SEC vs Dayne Roseman (Google search will show case and prosecutors)

Jonathan Blecher
Jonathan Blecher answered on Jan 16, 2020

I know an excellent lawyer, however I don't think I'm permitted to make referrals in this forum. You are free to reach out to me through my profile on Justia for more information. Jonathan Blecher

3 Answers | Asked in Bankruptcy, Consumer Law and Education Law for Florida on
Q: Are debts to a school considered student loans under bankruptcy code?

Hello, I had a couple of student loans returned back to the federal lenders 2yrs ago when i was forced to withdraw from a semester at my university due to severe health issues. As a result, i incurred a debt with the school for the amount of the loans that we returned. I was trying to understand if... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Yes, I believe they are considered student loans for bankruptcy purposes.

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1 Answer | Asked in Bankruptcy for Nevada on
Q: I am 89 years old and live on Social Security and Cal Pers with no assets . Am I protected from judgments?

Am I considered judgement proof?

Timothy Denison
Timothy Denison answered on Jan 15, 2020

You should be judgment proof, yes.

3 Answers | Asked in Bankruptcy for California on
Q: If my mom is on my auto loan as a co-buyer (not co-signer), and I file for chapter 7 bankruptcy, is she protected?
Harlene Miller
Harlene Miller answered on Jan 13, 2020

If you are asking whether she is protected by the automatic stay that goes into effect when a bankruptcy is filed, from the creditor seeking payment from her - it depends. You indicate she isn't a signer - do you mean she is not on the loan? If she didn't sign the loan as a co-borrower, and... Read more »

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3 Answers | Asked in Bankruptcy for Arizona on
Q: Removing garnishment - Chapter 7

Someone owes me money and I won a default judgement and just filed for garnishment. I received notice that they are filling for Chapter 7. The email from the her lawyer said I had to contact her employer to remove the garnishment. Do I need to do this, or should they do this? Honestly, I don't... Read more »

Timothy Denison
Timothy Denison answered on Jan 13, 2020

Yes. If they filed bankruptcy, you must release the garb immediately or run the risk of violating the automatic stay and being sanctioned for it

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2 Answers | Asked in Bankruptcy for California on
Q: I am 2 years into a chapter 13 bankruptcy in California . I have run up some more personal loan debt. Can i do a loan

consolidation or do i need to call him and tell him?

Harlene Miller
Harlene Miller answered on Jan 13, 2020

You cannot borrow money while in a chapter 13 without court approval. I suggest you meet with your attorney to discuss the possibility of modification to your plan since you apparently are not handling your finances based upon the monthly budget you created two years ago when the case was filed.... Read more »

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3 Answers | Asked in Bankruptcy and Legal Malpractice for California on
Q: If a private person without a corporation is coerced into filing Chapter 11 bankruptcy, when it's not even necessary,

My friend was sued, paid $10,000.,got an attorney who then passed the case over to another attorney friend, who told my friend she needed to file Chapter 11 bankruptcy and ask for $35,000. retainer. My friend didn't want bankruptcy, has no corporation, but has assets in real estate. June 11,2019... Read more »

Michael Jay Berger
Michael Jay Berger answered on Jan 10, 2020

Have your friend call me 310-271-6223.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Hello. I stopped making payments on my credit cards and I have sued and have a court date. Do I need to go or what

Others options do I have?

David Luther Woodward
David Luther Woodward answered on Jan 8, 2020

I assume you mean that the credit card company sued you.

I would suggest that you contact a good bankruptcy lawyer in Dade County. You can check the Dade County Bar Association's lawyer referral service to get names, but I would not delay.

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1 Answer | Asked in Bankruptcy and Divorce for California on
Q: can my wife and I do the division of assets after getting divorced? We are under Chapter 13 but I will continue to pay.

We are in Chapter 13 , and her an I are in good terms and planned out spousal support and we both would keep a car. The court mediator said we had to get a lift of the chapter 13 Stay before doing the separation of assets but that would defeat the purpose of the Chapter 13. The payments to the... Read more »

Timothy Denison
Timothy Denison answered on Jan 7, 2020

You cannot do a division of assets until the bankruptcy is final unless you get approval from the court bc said assets are the property of the bankruptcy estate.

1 Answer | Asked in Bankruptcy and Family Law for Pennsylvania on
Q: Can a judge put me in jail for back alimony even though I am in a chapter 7 bankruptcy

The Back alimony is from last year when it ended and my 3 minor children live with me that judge said he doesn't care and that would put me in jail if I did not pay two days in bucks county pa

Timothy Denison
Timothy Denison answered on Jan 7, 2020

Yes. Bankruptcy does not stay actions on enforcement of support or maintenance.

2 Answers | Asked in Bankruptcy for Oregon on
Q: How far ahead of filing bankruptcy should I stop paying credit card bills? Do I still pay subrogation debt?

I’m planning on filing for bankruptcy due to a couple of lawsuits after car accidents and prior debt. I am receiving a packet from my local legal aid office and taking this sort of “class” or something in March to get the process started. I’ve read online that I should stop paying back... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 7, 2020

As an Attorney I would not risk giving you advice on stopping payment on your debts without knowing all the details of your case, ie without you coming to see me as a client and we do a thorough evaluation of your situation. Any payments you make on debts prior to your bankruptcy is probably money... Read more »

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: I was awarded a civil judgement for a case in Chancery Court in TN. I waited 45 days, the debtor didn't pay. I filed a

garnishment to attempt to collect the debt. After the garnishment was served to his employer, the debtor claims he is currently in bankruptcy since 2018 and is protected by a "stay". What avenue to I have to try to collect this debt? He has not paid anything on the judgement and it has now been... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

If the debtor has an active bankruptcy case then the whole case should have been stayed when he filed bankruptcy. You should look online at the bankruptcy court dockets to determine his bankruptcy status. If he does not have an active case, or was not granted a discharge, then you can garnish bank... Read more »

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1 Answer | Asked in Bankruptcy on
Q: I own a manufactured home in a HOA community, can a creditor put a lien on it. I have a title from motor vehicle for it,

S.c

Timothy Denison
Timothy Denison answered on Jan 6, 2020

Yes they can if they get a judgment against you. It is an asset, not real property, but it is still subject to execution.

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