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Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for California on
Q: Hello, I currently am in Chapter 13 bankruptcy and have been for a year. I would like to stop making payments so the

the case is dismissed and I can refile adding some additional debt. Is this possible.

Thank You.

Harlene Miller
Harlene Miller
answered on May 24, 2022

Were the debts you are talking about adding, incurred prior to the filing of your chapter 13 case or were they incurred since the filing? Also, a chapter 13 case can be dismissed voluntarily, by filing a request with the Court. I suggest you talk with a bankruptcy attorney directly to discuss... Read more »

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2 Answers | Asked in Bankruptcy for Virginia on
Q: My family member filed for bankruptcy. His case was closed and then given to another lawyer who sued him for the same

Debts. He paid him 100,000 not to lose his house. The lawyer ( trusty) and his wife came in to short sell my brothers and his families house. He thought the case was closed. He is now suing him for the third time and his LLC which is my mothers land and property. This is occurring in the Eastern... Read more »

Daniel Staeven
Daniel Staeven
answered on May 22, 2022

It depends on the situation. There are many reasons why a Trustee or their counsel would have to sue someone in a bankruptcy case. I would need more specific information to be able to form any sort of answer to this question.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Is there a limit to the amount of credit card debt to file for bankruptcy, Chapter 7? Thank you.
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 20, 2022

There are no eligibility limits for debt to file a Ch. 7 case; there are income ceilings, however. (Unlike a Ch. 13, for which there are debt limits for both secured and unsecured debt totals).

A cautionary note- any charges made to a credit card within 90 days prior to the filing of a...
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1 Answer | Asked in Bankruptcy for Florida on
Q: Ch 13 bankruptcy was 2 wks shy of being discharged when mom passed away. Trustee wants inheritance. Recommendations?

Thank you very much.

David Luther Woodward
David Luther Woodward
answered on May 20, 2022

Where's her lawyer?

Under certain circumstances the code permits a death during pendency to be treated as a probate estate.

Where's your lawyer?

If her estate is of value to you then you need your own lawyer to analyze and assist. Your question is too vague for a...
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1 Answer | Asked in Bankruptcy, Health Care Law, Small Claims and Collections for Oklahoma on
Q: im being sued by a hospital for not paying back a debt that i have partially paid back. it says i need to write a letter

i tried using the Solo suit but my petition seems different that what its asking. can anyone help me?

Tim Akpinar
Tim Akpinar
answered on May 17, 2022

This is something that an Oklahoma attorney is best suited to advise on, but your question remains open for four weeks. If this is something in the lawsuit stage, an ordinary letter might not suffice as a response. There could be more formal legal responses needed. Unfortunately, it's... Read more »

5 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: Can I file bankruptcy for all my credit cards 2 loans medical bills and back taxes
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 16, 2022

When you file for bankruptcy relief, you must sign several bankruptcy Schedules showing ALL your estates and ALL your debts, and swear to their accuracy. You cannot leave anything out.

Credit card and medical bill debts are generally unsecured, i.e., there is no collateral securing...
Read more »

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2 Answers | Asked in Bankruptcy and Tax Law for North Carolina on
Q: In nc I owe state taxes and federal taxes back from 2016 & 2017 can I file bankruptcy for these back taxes and all my db
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 16, 2022

Certain types of taxes are dischargeable in bankruptcy, IF you have filed a tax return showing those taxes as due longer than two years and four months prior to the date you file for bankruptcy relief.

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3 Answers | Asked in Bankruptcy for New York on
Q: I was granted an amendment to my bankruptcy. How long do I have to refile the bankruptcy? Is there any time restraints?

My bankruptcy is allowed to be reopened to allow me to add my ex husband as a debtor so I can claim against the sale of our previous marital home which he has sold. Do I need to file this paperwork in a specific time frame? I ask because I am out of money to continue to pay a lawyer to do this.

Karra Kingston
Karra Kingston
answered on May 13, 2022

I’m not sure what you mean you were granted an amendment. If they allowed you to amend your petition, then generally it should be done as soon as you can.

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2 Answers | Asked in Bankruptcy for Maryland on
Q: Is it possible to reaffirm or file motion to redeem cross-collateralization after Ch.7 discharge?

In 2014/2015 I took out an auto loan through my credit union, paid off loan by 2018, and filed Ch.7 in 2020. I had a credit card through the same credit union with about $1000 balance when the Ch.7 was discharged. I was never advised by the attorney, court, or credit union of the... Read more »

Daniel Staeven
Daniel Staeven
answered on May 13, 2022

Since the car was paid off in 2018 the release should have been given to you, regardless of any balance on the credit card, at that time. Said another way, the event that gave rise to the lien release happened before the bankruptcy case was filed. The cross collateralization clause cannot affect... Read more »

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2 Answers | Asked in Bankruptcy for Connecticut on
Q: A question about bankruptcy.

A friend filed for bankruptcy in 2015 because a debtor collector firm filed a lawsuit to foreclose on her home. In which her mortgage had been rescinded in 2005 by her attorney because she had incomplete contract with Ameriquest. So since 2005 by her attorney's advised she stopped making... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on May 12, 2022

Although the bankruptcy discharge extinguishes the personal liability of a debtor, it does not extinguish an action against the debtor in rem, i.e., the secured creditor’s right to enforce its mortgage lien. As long as the mortgage was valid, the secured claim the lender had against the property... Read more »

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1 Answer | Asked in Bankruptcy, Criminal Law and Appeals / Appellate Law for Iowa on
Q: I feel I wasn’t treated fairly in my hearing what can I do
Timothy Denison
Timothy Denison
answered on May 11, 2022

Appeal or ask for a rehearing.

1 Answer | Asked in Bankruptcy for Florida on
Q: Need to file a motion that states I fired my attorney

I fired my bankruptcy attorney this evening. I need to file something with the court to reflect this, but I can't find substitution for pro se debtor. Can someone please tell me how to file a motion to fire my attorney with he court?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 11, 2022

Until your attorney files a motion to withdraw from the case, and the motion is granted, the attorney remains responsible to represent you. Ask the attorney how soon this will happen; it might be a good idea for you to sign the motion. Or if you have another attorney to step in, the new attorney... Read more »

3 Answers | Asked in Bankruptcy for Florida on
Q: Would I be able to apply for chapter 7 (bankruptcy) although I am unemployed and do not have any assets? I’m in FL.
Stuart A. Young
Stuart A. Young
answered on May 10, 2022

There is no minimum income level needed in order to file bankruptcy.

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1 Answer | Asked in Bankruptcy and Legal Malpractice for Florida on
Q: Bankruptcy-Incorrect Schedules filed with court

I spoke with my attorney today pertaining to incorrect information in my Schedules that were filed.I provided everything accurately and honestly. Most concerning, my tax return wasn't added. Then my values of property were changed. Removed a creditor that was originally on draft. Said I make... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 9, 2022

While both of you are at fault (your signing them without making sure they were accurate and complete; your attorney neglecting to attach your tax return, and overlooking other mistakes in the schedules), the attorney is probably right by advising you that it's not important. As you have... Read more »

1 Answer | Asked in Bankruptcy for Kentucky on
Q: What am I being asked for in my bankruptcy case, from chapter 7 order to debtor of documents I need to submit to trustee

“Copies of all notes, security agreements, loan disclosure statements and other documents relating to loan transactions to which the debtor is a party” Say it in layman/is this about my personal loan already included in the case that I am declaring bankruptcy on?

Timothy Denison
Timothy Denison
answered on May 7, 2022

Yes it is, but it also pertains to any and all other loans you currently have. Best to turn over all loan documents for any loans you currently have, whether you are discharging them or plan to repay them.

1 Answer | Asked in Bankruptcy and Collections for Utah on
Q: Injunctive Relief for credit reporting accounts that were included in wage earner plan

I had on time payments on all of my accounts even when i filed bankruptcy. Once it was officially filed all 14 accounts were reported as negative marks as being banktruptcy.

When i have previously filed bankruptcy this never happened. One of the accounts is my car loan that I still make... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 5, 2022

Generally, the credit bureaus just publish comments about your accounts submitted by those creditors who subscribe to any of the credit bureau's service. The credit bureau itself doesn't generate comments about particular accounts, although the bureaus may have picked up your bankruptcy... Read more »

1 Answer | Asked in Bankruptcy for South Dakota on
Q: How do you find out where to send a bill( they owe us money) to when someone filed bankruptcy chapter 12
Timothy Denison
Timothy Denison
answered on May 4, 2022

You’ll need to contact the Court and find out who the trustee is administering the case.

1 Answer | Asked in Bankruptcy and Civil Litigation for Florida on
Q: post judgement order

have order from 2014 (thru Atlanta Bankruptcy Court) where defendant owes me 4995.00 could never find defendant but recently found out he lives in Tenn now (original order is from Atlanta Ga). Can I still fight for this judgement even though it was from 2014? Defendant owes me 4995.00 and i... Read more »

Jane Kim
Jane Kim
answered on May 3, 2022

Sounds like that debt was discharged in bankruptcy. You'd want to double check the bankruptcy case. If your debt was listed and bankruptcy was granted, then the debt was discharged. This means you cannot collect on it anymore.

1 Answer | Asked in Bankruptcy for Florida on
Q: i have a judgement from 2014 originated in Atlanta Georgia where the Defendant owes me 4995.00.

Is this still enforcable? I recently found out defendant lives in Tenn and I now live in Florida

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 3, 2022

You should contact a Tennessee attorney about collecting the judgment amount from the judgment debtor. If the debtor still has property in Georgia, it may be possible to levy on that property; in which case you would want to also contact an attorney in that state.

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