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Bankruptcy Questions & Answers
Q: What if tenant in retail space declares bankruptcy and is being evicted? How do you evict them? (
1 Answer
| Asked
in
Bankruptcy, Business Law, Civil Litigation and Landlord - Tenant
for
North Carolina
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Timothy Denison's answer
You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.
You must petition the bankruptcy judge to terminate the stay as to you. Once the stay is terminated, you can then go back to the eviction judge and get the sheriff to remove them from your property.
Q: Someone has been renting our home and stopped paying rent. They owe us $3000. Can this be forgiven through bankruptcy?
Timothy Denison's answer
It can be discharged, although depending on when they file and what evidence you can muster, you may be able to prove they defrauded you, which makes in nondiscgargeable. Absent other facts, I believe the court will discharge it.
It can be discharged, although depending on when they file and what evidence you can muster, you may be able to prove they defrauded you, which makes in nondiscgargeable. Absent other facts, I believe the court will discharge it.
Q: Seterus wAs told by our bankruptcy court to reduce our payments. They haven't and their attorney will not respond
Timothy Denison's answer
Seterus is a garbage entity. If they don’t respond, move to hold them in contempt and for attorney fees. You’ll be surprised at how quickly they respond then...
Seterus is a garbage entity. If they don’t respond, move to hold them in contempt and for attorney fees. You’ll be surprised at how quickly they respond then...
Q: Paying my mortgage again after filing Chapter 13, but my lawyer still wants me to sell my home. Somethings fishy in NJ !
Timothy Denison's answer
Get a second opinion from another bankruptcy lawyer and find out what is going on. The 13 plan may need to be modified or other action taken. Make sure you understand what is really going on and what your options are before you do anything else.
Get a second opinion from another bankruptcy lawyer and find out what is going on. The 13 plan may need to be modified or other action taken. Make sure you understand what is really going on and what your options are before you do anything else.
Q: Would filing a homestead deed protect my motorcycle?
Timothy Denison's answer
You can use the auto exemption for the car and the wildcard or catchall provision for the motorcycle. The homestead exemption does not apply.
You can use the auto exemption for the car and the wildcard or catchall provision for the motorcycle. The homestead exemption does not apply.
Q: I am "collection proof" and would like to protect my motorcycle from levy. Would a VA homestead deed do this?
Robert R Weed's answer
You are allowed a $6,000 exemption for a Motor Vehicle which would count a street bike. Have you used that up on a car?
You are allowed a $6,000 exemption for a Motor Vehicle which would count a street bike. Have you used that up on a car?
Q: I failed to get return receipt on my certified letters to creditors to stop calling...should I resend?
David S. Greenberg's answer
There are occasions when the creditors fail to honor such a request, whether it's sent certified or otherwise.
In any event, you have nothing to lose by resending the notices, other than the cost of postage.
It should be noted that once you file your bankruptcy petition, the creditors must comply with the automatic stay order by ceasing any efforts or communications to you with regard to collection.
There are occasions when the creditors fail to honor such a request, whether it's sent certified or otherwise.
In any event, you have nothing to lose by resending the notices, other than the cost of postage.
It should be noted that once you file your bankruptcy petition, the creditors must comply with the automatic stay order by ceasing any efforts or communications to you with regard to collection.
Q: How can i locate documentation from my personal bankruptcy? Chapter 7, No. 12-19404, Robert Oxley. it was in 2012.
Timothy Denison's answer
From your lawyer or go to the courthouse where you filed the bankruptcy and the request a copy. If you know anyone who has a pacer.gov account, they can get if for you on line.
From your lawyer or go to the courthouse where you filed the bankruptcy and the request a copy. If you know anyone who has a pacer.gov account, they can get if for you on line.
Q: My son turn 18, is on probation for trauncy. Haven't seen or heard from his po in 6 months. They just charged him with
1 Answer
| Asked
in
Bankruptcy, Family Law, Child Custody and Child Support
for
Ohio
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
Timothy Denison's answer
Was he supposed to be reporting to his PO? If he was on probation as a juvenile, I do not believe the can charge him after he turns 18.
Was he supposed to be reporting to his PO? If he was on probation as a juvenile, I do not believe the can charge him after he turns 18.
Q: How long does it take for creditors to take your car during a chapter 7?
Kevin Scott Neiman's answer
You may keep certain secured debts such as your car by reaffirming those debts. Reaffirmation agreements can be set aside during the earlier of 60 days after the agreement is filed with the Court or upon the Court’s issuance of an Order of Discharge.
You may keep certain secured debts such as your car by reaffirming those debts. Reaffirmation agreements can be set aside during the earlier of 60 days after the agreement is filed with the Court or upon the Court’s issuance of an Order of Discharge.
Q: I recently was discharged from a chapter 7 in march... how long do I have to wait to cosign for a vehicle.
Timothy Denison's answer
You can co-sign now with any lender that will appove it. No laws broken by doing so.
You can co-sign now with any lender that will appove it. No laws broken by doing so.
Q: Should I sue a seller for pushing back a legal contract to sell while in bankruptcy?
1 Answer
| Asked
in
Bankruptcy, Contracts and Real Estate Law
for
Colorado
on
Answered on Apr 18, 2018
Answered on Apr 18, 2018
Kevin Scott Neiman's answer
Your recourse depends on the consequences of the failure to close, though since that failure would be a breach of contract, you would be entitled to something.
Your recourse depends on the consequences of the failure to close, though since that failure would be a breach of contract, you would be entitled to something.
Q: How do you get title on chap 7 vehicle that payment was not made to bank but car was kept?
Kevin Scott Neiman's answer
If you want the title to the car, you can try to work out a deal with the lender. You may get it for less than you owe.
If you want the title to the car, you can try to work out a deal with the lender. You may get it for less than you owe.
Q: What if i fall behind on my secured debts before my plan is completed, but have it caught up.before the end of 5 years.
Kevin Scott Neiman's answer
Although you don’t have to pay off secured debts before the trustee distributes part of your plan payments to other creditors, you must pay them off before you receive your discharge.
Although you don’t have to pay off secured debts before the trustee distributes part of your plan payments to other creditors, you must pay them off before you receive your discharge.
Q: My credit report shows my car loan was discharged in my chapter 7 bankruptcy but I did not include it, am I still liable
Timothy Denison's answer
Yes she can if she did not file bankruptcy. If you did not include it in your schedules as an asset or a liability, you may need to amend your schedules to reflect that and continue to pay for the car.
Yes she can if she did not file bankruptcy. If you did not include it in your schedules as an asset or a liability, you may need to amend your schedules to reflect that and continue to pay for the car.
Q: Is there anyway after filing Chapter 13 bankruptcy in Kentucky that you can get back your tax return
Timothy Denison's answer
Only if your Chapter 13 is a 100% repayment plan. Otherwise, the Trustee keeps the proceeds and disburses it pro tara to the unsecured creditors in your case.
Only if your Chapter 13 is a 100% repayment plan. Otherwise, the Trustee keeps the proceeds and disburses it pro tara to the unsecured creditors in your case.
Q: I am thinking about filing bankruptcy without my spouse. Does he have to know?
Timothy Denison's answer
If he is a co-debtor on any of these debts, he must be given notice as a co-debtor. If he is not a co-debtor on any debt, then he does not have to go with your or receive notice, although the credit card In both names probably necessitates notice to your husband.
If he is a co-debtor on any of these debts, he must be given notice as a co-debtor. If he is not a co-debtor on any debt, then he does not have to go with your or receive notice, although the credit card In both names probably necessitates notice to your husband.
Q: How can I get a copy of a land contract that isn't filed from some one who won't give it to me?
Timothy Denison's answer
File your bankruptcy and then drop s subpoena on them to appear at the creditors meeting and produce a copy of the land contract.
File your bankruptcy and then drop s subpoena on them to appear at the creditors meeting and produce a copy of the land contract.
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