Bankruptcy Questions & Answers by State
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Bankruptcy Questions & Answers
Q: I have already filed chapter 7 bankruptcy in massachusetts , one of the companies was QVC in pennsylvania they would not
Stuart Nachbar's answer
Yes, it is legal, to deny a purchase due to previous filing. Not part of the listed banned discriminatory actions prohibited by the code.
Yes, it is legal, to deny a purchase due to previous filing. Not part of the listed banned discriminatory actions prohibited by the code.
Q: After 35 years of marriage my parents are going through a divorce that's very complicated due to owning many businesses.
Timothy Denison's answer
This is such a complex question with so many variables that it is impossible to properly answer here. It depends on whose name and how assets and liabilities are held as to what the proper action. Each can file separately if necessary, but generally speaking both parties are best served by filing a joint bankruptcy before the divorce. You need to get you parents to a competent bankruptcy attorney who can completely analyze their financial situation and advise them what to do and how and when...
This is such a complex question with so many variables that it is impossible to properly answer here. It depends on whose name and how assets and liabilities are held as to what the proper action. Each can file separately if necessary, but generally speaking both parties are best served by filing a joint bankruptcy before the divorce. You need to get you parents to a competent bankruptcy attorney who can completely analyze their financial situation and advise them what to do and how and when...
Q: I need to know details of filing for bankruptcy against credit card companies
Timothy Denison's answer
No. Most all credit card debt is unsecured and what you bought is immaterial. Unless you’ve used them recently, likely most all of the debt would be discharged in chapter 7.
No. Most all credit card debt is unsecured and what you bought is immaterial. Unless you’ve used them recently, likely most all of the debt would be discharged in chapter 7.
Q: My new employer filed Chapter 11 bankruptcy during the time of me excepting the job and my start date.
Timothy Denison's answer
If the company had a lot of cash. they wouldn’t be in reorganization bankruptcy. Consult an experienced bankruptcy attorney who may be able to fashion you into a creditor.
If the company had a lot of cash. they wouldn’t be in reorganization bankruptcy. Consult an experienced bankruptcy attorney who may be able to fashion you into a creditor.
Q: Can a bankruptcy trustee take all of a settlement?
Timothy Denison's answer
Check both the federal and state exemptions and see which are applied. There are some that can help you, although you probably need a skilled bankruptcy attorney to help you.
Check both the federal and state exemptions and see which are applied. There are some that can help you, although you probably need a skilled bankruptcy attorney to help you.
Q: Freedom Debt Relief can't add AAFES. Is it possible to stay w/FDR but file bankruptcy for only AAFES?
Timothy Denison's answer
You will have to list all your debts and creditors if you file bankruptcy, whether it is a 7 or 13. You may want to consider 13 if you have assets to preserve or 7 if you don’t, but you must list all your debts and creditors in your petition.
You will have to list all your debts and creditors if you file bankruptcy, whether it is a 7 or 13. You may want to consider 13 if you have assets to preserve or 7 if you don’t, but you must list all your debts and creditors in your petition.
Q: How can they hold my money if the injury occurred after the bankruptcy discharged
Timothy Denison's answer
If it is a post discharge injury, they have no right to withhold your settlement. Highly unlikely that it will be withheld.
If it is a post discharge injury, they have no right to withhold your settlement. Highly unlikely that it will be withheld.
Q: How do I get my car back after being repossessed while in chapter 13
Timothy Denison's answer
If it was repossessed in violation of the stay, you can get it back by filing a motion. If it was reaffirmed and approved, you will likely have to pay the arrearage owed to get the car back.
If it was repossessed in violation of the stay, you can get it back by filing a motion. If it was reaffirmed and approved, you will likely have to pay the arrearage owed to get the car back.
Q: We had a reaffirmation for our car loan that our attorney failed to file with the courts. Can it be re opened and signed
Timothy Denison's answer
Yes. It can be reopened and filed. Whether it is in your best interests is another issue. You will probably have to pay the reopening fee to get it filed. I doubt the attorney will pay it although you can always ask.
Yes. It can be reopened and filed. Whether it is in your best interests is another issue. You will probably have to pay the reopening fee to get it filed. I doubt the attorney will pay it although you can always ask.
Q: Am on SSD and being sued by debt collectors what can I do? Only one has filed suit against me so far.
Timothy Denison's answer
Find a local bankruptcy attorney, file your petition and get some debt relief.
Find a local bankruptcy attorney, file your petition and get some debt relief.
Q: My Husband and I have 2 judgements against us since 2009. It seem they have reinstated another 10yrs. is bankruptcy ?TX
Timothy Denison's answer
Yes. Depending on your assets (or lack thereof) Chapter 13 or Chapter 7 could resolve this for you.
Yes. Depending on your assets (or lack thereof) Chapter 13 or Chapter 7 could resolve this for you.
Q: Are there any kinds of people who are actually not allowed to file for bankruptcy whatsoever?
Timothy Denison's answer
No. Everyone has the right to file, although circumstances can determine whether it is prudent to do so.
No. Everyone has the right to file, although circumstances can determine whether it is prudent to do so.
Q: I currently live in Minot ND ..I have a lot of debt that I know I can't pay or ever catch up on ..so I wanted to file.
Timothy Denison's answer
Check with the local bar association and legal aid and ask them to refer you to a bankruptcy attorney who can help you.
Check with the local bar association and legal aid and ask them to refer you to a bankruptcy attorney who can help you.
Q: Ally not reporting my payments after Bankruptcy attempted to trade it in and they said it was paid off
Timothy Denison's answer
Take the Nissan back if you are within your 3 day rescission period. They will tell you anything to sell you a car.
Take the Nissan back if you are within your 3 day rescission period. They will tell you anything to sell you a car.
Q: At what point would it be "too late" for a person to file for bankruptcy?
Cary Nathan's answer
There is no such thing as "too late" under the bankruptcy code. Sometimes you will hear people use this terminology after a home has been foreclosed on or a vehicle repossessed because, at that point, it is too late for the bankruptcy stay to stop the secured creditor from taking the property. If this example covers your particular situation, then you have your answer. Otherwise there is no way to answer your question without more specific details.
There is no such thing as "too late" under the bankruptcy code. Sometimes you will hear people use this terminology after a home has been foreclosed on or a vehicle repossessed because, at that point, it is too late for the bankruptcy stay to stop the secured creditor from taking the property. If this example covers your particular situation, then you have your answer. Otherwise there is no way to answer your question without more specific details.
Q: I took a loan on 401K and am paying it back out of check. What happens in chap 7?
David Adams' answer
A 401(k) and a 401(k) loan are really not affected by a ch 7 bankruptcy. The funds are exempt and not subject to being lost to the bankruptcy court, and the loan is secured and not really affected by the bankruptcy either, as any failure to pay would still allow the retirement funds to be offset to pay off the loan.
A 401(k) and a 401(k) loan are really not affected by a ch 7 bankruptcy. The funds are exempt and not subject to being lost to the bankruptcy court, and the loan is secured and not really affected by the bankruptcy either, as any failure to pay would still allow the retirement funds to be offset to pay off the loan.
Q: How do people pay for bankruptcy attorneys if they're already in so much debt?
Theodore Allan Greene's answer
Some people make payment plans. Like $100 per month until the balance is paid. Others have a family member make the payments. Others stop paying their debts (credit cards) and that frees up some money. Others still use a legal document preparer which is the WORST option as far as I'm concerned. They can't give legal advice and do NOT go to court with you. I have seen some poor folks in court about to lose the equity in their house because they used a document preparer who was no where to be...
Some people make payment plans. Like $100 per month until the balance is paid. Others have a family member make the payments. Others stop paying their debts (credit cards) and that frees up some money. Others still use a legal document preparer which is the WORST option as far as I'm concerned. They can't give legal advice and do NOT go to court with you. I have seen some poor folks in court about to lose the equity in their house because they used a document preparer who was no where to be...
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