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Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I called the sheriff about a writ of execution from a credit card debt. He said I did not have to worry about my stuff

My stuff being taken and that if they are not the correct bank accounts I'm ok

Timothy Denison
Timothy Denison answered on May 6, 2021

What is your question?

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1 Answer | Asked in Bankruptcy for Georgia on
Q: What form should I file so they don't disregard what my ex-husband owes me in his bankruptcy case?

My ex-husband filed for bankruptcy and listed me as a creditor. Our divorce papers says he needs to pay me a certain amount of money, and he filed for bankruptcy afterwards. The filing deadline to object to discharge or to challenge wether certain debts are dischargeable is 5/17/21. Please, help!

Timothy Denison
Timothy Denison answered on May 5, 2021

It’s not likely his debt to you will be discharged anyway, but you can file a handwritten object with the court snd the trustee just to be safe.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: Chap.7-Louisiana, stimulus $ in ck acct is exempt as long as it shows in my bank statements right?

I was told it was ok to leave the $ in my checking account and the trustee could not take it. Is this correct?

Timothy Denison
Timothy Denison answered on Apr 29, 2021

Should’ve be, yes.

1 Answer | Asked in Bankruptcy for Colorado on
Q: Wondering if i can get someone to help me file for bankruptcy. Or atleast help me get out of some debt..

Try to see which is more affordable or a lot better for me. Chapters 7, 11, or 13, maybe if there’s better options? My debt is around 39,000. Basically being young and irresponsible.. i want a fresh new start.

Clark Dray
Clark Dray answered on Apr 27, 2021

In Colorado, many bankruptcy attorneys will provide you with a free consultation. During this consult, you'll let them know about your circumstances and the attorney will explain the various options including the different forms of bankruptcy. A free consult with a lawyer is your first step... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Texas on
Q: If I gave money to a friend who said he can flip it, 6000-10k and he did but I didn’t know how he did it? Illegal or no?
Timothy Denison
Timothy Denison answered on Apr 25, 2021

It’s not illegal unless you know it is illegal and participate in it anyway.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: In chapter 13 / 75k. Selling my home and do to soaring prices will net more than expected. Maybe 58k. Can I protect that
Timothy Denison
Timothy Denison answered on Apr 21, 2021

Possibly, depending on the exemptions you have left over and depending on whether you use federal or state.

1 Answer | Asked in Bankruptcy for Georgia on
Q: I am currently in Chapter 13. I have a eminent domain offer for a portion of my property. Can I accept the offer?

Will the trustee allow me access to the funds designated for repairs to the property to make it livable?

Timothy Denison
Timothy Denison answered on Apr 21, 2021

You need the trustees permission to accept the offer.

1 Answer | Asked in Bankruptcy for Florida on
Q: Hi

#1. My Chapter 13 was discharged today. I knew it was coming up so I just happened to check my credit report and turns out 1 creditor continued to report that account delinquent for 41 months. They were put on notice when I filed so they were aware. Will filing a FDCPA claim be worth it?... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Apr 20, 2021

A bankruptcy attorney would not monitor your credit report. If they were listed as a creditor, the court would have sent notice of the bankruptcy. Your attorney confirmed that they were noticed. This probably happened because the bankruptcy notice was not processed properly by the creditor. Speak... Read more »

2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Libel & Slander for Arizona on
Q: Who do you report bankruptcy fraud/disability fraud to when your ex business assoc. hides assets, guns, cars etc

We lived operated our business and worked at this non profit outreach and the owner trespassed from property to take our belongings and dumped our destroyed items in the neighbors parking lot ending in filing criminal damage to property of him. He also took door of shower room we had to use so him... Read more »

Timothy Denison
Timothy Denison answered on Apr 20, 2021

Report to the FBI.

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1 Answer | Asked in Bankruptcy and Landlord - Tenant for Kentucky on
Q: filing a chp 13 bankruptcy, and i am n an house with a month to month lease, will the automatic stay prevent eviction
Nick Curtis Thompson
Nick Curtis Thompson answered on Apr 18, 2021

No the automatic stay does not protect you automatically from a lanlord eviction. However there is a section of the bankruptcy code that allows you to pay the rent you are behind on into the court and force the landlord to accept it. Then you can finish the remaining months of your lease. This... Read more »

2 Answers | Asked in Bankruptcy, Contracts and Banking for California on
Q: Can my sugar daddy get me jailed knowing that I don't have control of his money.

I'm kinda stuck and confused on something. I'm trying to leave my sugar daddy but he is trying to get me jailed because he thinking I'm trying to steal from but what happens was he put money in my account about $4000 but the money he put in was fraudulent. I told he that the bank... Read more »

Timothy Denison
Timothy Denison answered on Apr 18, 2021

Go to the bank. Sign a fraud affidavit and tell them what you know and you should be fine. You haven’t committed any crime.

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4 Answers | Asked in Bankruptcy and Collections for California on
Q: Bank of America is suing me for not paying business card debt of $7000. I feel this is unfair practice in a Pandemic

Bank of America is suing me for not paying business card debt of $7000. I offered them half, they didnt agree. I cant pay more since Covid has affected business and I need to pay my employees. $7000 is the pay of one employee in my office for 2 months. Bank of America is restricting my ability to... Read more »

Tristan Brown
Tristan Brown answered on Apr 17, 2021

I’m very sorry to hear about your current situation. The pandemic has placed countless individuals and businesses in detrimental positions due to little fault of their own. However, if the debt is legitimate, Bank of America has a right to file a lawsuit to recover the debt.

From my...
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2 Answers | Asked in Bankruptcy and Consumer Law for Florida on
Q: Can I get a uncompleted Bankruptcy off my credit report?

I filed for bankruptcy a few years back to hold off a foreclosure action. I was able to sell the house and did not complete the bankruptcy filling or the foreclosure. The bankruptcy is still showing on my credit report, how do I get it removed?

Melissa Cain
Melissa Cain answered on Apr 16, 2021

Your bankruptcy will stay on your credit report, whether or not you completed your case. It is likely to stay on there for 7-10 years from the filing date.

If you are looking to finance a large purchase in the future, you should develop a working relationship with a bank you like and...
Read more »

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4 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for New Hampshire on
Q: If I lose a personal injury lawsuit from a car accident, can I file bankruptcy after the trial to wipe it out?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 13, 2021

The exceptions to discharge are listed in Section 523 of the Bankruptcy Code.

Subsection 523(a) excepts debts incurred for-

"6) for willful and malicious injury by the debtor to another entity or to the property of another entity";

"(9) for death or personal...
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1 Answer | Asked in Bankruptcy for Connecticut on
Q: Which type of bankruptcy would you recommend if I want to keep my home? Thank you!

I am now being sued by 2 companies. I would like to file for bankruptcy but not include my home.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 13, 2021

When you file for bankruptcy relief, no matter which chapter, you must list ALL of your assets, under penalty of perjury. In other words, you must "include" your home, and all other assets, by identifying it on the sworn Schedules you must file.

Ch. 13 was designed, and is most...
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1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Nevada on
Q: I have a charge off on my vehicle. I was never notified and it has a 0 balance, I have the vehicle and bankruptcy wasn’t

I was never notified and NEVER missed a payment. Furthermore they applied my payments to the wrong account equaling 7000. Do I have any recourse?

Timothy Denison
Timothy Denison answered on Apr 12, 2021

You can file claims with the three credit bureaus to correct the record. If they do, problem solved. If not, file suit against the company to correct the error.

4 Answers | Asked in Bankruptcy, Estate Planning and Collections for California on
Q: Can bank account be garnished due to delinquent student loan?

my 64 year old sister took out several student loans about 15 years ago. At that time, she was diagnosed with advanced stage ovarian cancer. She survived the cancer, but the treatments wiped her out financially and can no longer work. She has no income, no savings, and can't get a job due to... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Apr 11, 2021

Your question cannot be answered with only the information you have provided. Your will need to get a more in depth analysis with both an estate planning attorney and an accountant. And perhaps a bankruptcy attorney. Any money spent now will reap huge rewards down the road. Hopefully you are using... Read more »

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1 Answer | Asked in Bankruptcy for Florida on
Q: Can Payroll and bonus checks have the plan payment taken out?

I am a Florida resident who is 2+ yrs into a CH13 Bankruptcy. In March I noticed the plan payment was payroll deducted not only from my payroll but from my separate bonus check. This happened this past March and March of 2020. This means the trustee payment was 3,000 dollars in March (I get paid 2x... Read more »

Timothy Denison
Timothy Denison answered on Apr 11, 2021

They should not, no. Your lawyer should fix this for you.

2 Answers | Asked in Bankruptcy for Arizona on
Q: Funds in saving acct was levied was unemployment funds I transferred from checking acct, can I get this money back?

Got a judgement against me, checking wasn’t touched cause I get unemployment. My only source of money is Unemployment. I thought unemployment couldn’t be garnished. Especially if thats my only money source. I was pushed into filing bankruptcy on my own. Can’t afford no lawyer to get necessary... Read more »

Timothy Denison
Timothy Denison answered on Apr 10, 2021

You have to object to the levy and provide proof the source (unemployment) as well as the transfer. If you can prove both, you get your money back.

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2 Answers | Asked in Bankruptcy for Arizona on
Q: Due to the Covid 19 We were unable to attend a meeting of the creditors to ask any questions in person.

Now my home is being sold to pay off creditors, what should i do?

Timothy Denison
Timothy Denison answered on Apr 9, 2021

Consult your bankruptcy attorney or hire one to evaluate your situation.

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