Bankruptcy Questions & Answers

Q: I filed for Chapter 13 Bankruptcy and the Creditors objected to it because I had a Parent PLUS loan for my daughter .

1 Answer | Asked in Bankruptcy for New Jersey on
Answered on Feb 21, 2018

Yes, but I am not sure how you got to this point. It sounds like you were misrepresented.
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Q: I M now disabled and not working my plan payment in a ch 13 payment is high any options ? No income currently ssdi 5 mos

1 Answer | Asked in Bankruptcy for Virginia on
Answered on Feb 20, 2018

If your plan was already confirmed then you can file a motion with the court to modify your plan. You may need documentation to satisfy the court.

If your plan has not been confirmed yet then you can provide an amended plan for the trustee and creditors to consider for confirmation.
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Q: If I just started a debt management agreement, can I get out of it and just file bankruptcy?

1 Answer | Asked in Bankruptcy for Illinois on
Answered on Feb 20, 2018

If you qualify, you can certainly file bankruptcy and reject the debt management agreement.
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Q: I just filed chapter 7 bankruptcy on 2/14/18. I discovered a bill that I didn't include. Can I add it now?

4 Answers | Asked in Bankruptcy for New York on
Answered on Feb 20, 2018

Yes, you can amend to add a creditor. There is a Fee for doing same, and you can find it on the Courts Website
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Q: I am a financial advisor and declared bankruptcy Due to a lost court case. Can I still practice in my field afterwards?

2 Answers | Asked in Bankruptcy and Gov & Administrative Law for California on
Answered on Feb 20, 2018

That is a question for the licensing boards. There would be no prohibition resulting from the bankruptcy.
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Q: What can I do if my Ex and his wife filed a chapter 13 which has stopped my accrued child support payments significantly

1 Answer | Asked in Bankruptcy and Child Support for Mississippi on
Answered on Feb 20, 2018

You should contact the MS Department of Human Services, Child Support Collection Division to determine if you can get free assistance with the collection of child support.
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Q: If I am supposed to pay a bill by the end of the month to an attorney can I still file bankruptcy and stop that?

1 Answer | Asked in Bankruptcy for Mississippi on
Answered on Feb 20, 2018

Assuming that the bill is a payment on a debt for previous work performed the lawyer, the automatic stay that will go into place once you file for relief under the bankruptcy code will preclude any collection activity except for some types of collection for child support or alimony and collection of criminal fines and restitution.

However, you should consider many more factors before making the decision to file for bankruptcy relief. Some of those factors are:

There are many...
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Q: can I find out if someone or a business has filed bankruptcy

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Feb 19, 2018

Register to use the PACER Case Search online system and then run the name of the subject in the case search for the jurisdiction the bankruptcy would have been filed (state of residence or principal place of business).
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Q: I filed chapter 7 in Florida over 10 years ago and was discharged. I live now in Virginia. Can I file chapter7 again?

1 Answer | Asked in Bankruptcy for Virginia on
Answered on Feb 19, 2018

Yes, you can file again, and the chapter 7 trustee will,probably,ask if you have ever filed before and no it really won't matter.
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Q: Bankruptcy or credit card question. Can I be arrested for not paying creditors?

1 Answer | Asked in Bankruptcy, Business Law, Consumer Law and Contracts for Kentucky on
Answered on Feb 19, 2018

There is no debtor's prison. If there was, over 50% of Americans would be in jail. You may very well be judgment proof and not need a bankruptcy filing. It would still not hurt to talk with a bankruptcy near you to get an opinion and to see all of your options. Most lawyers offer a free consultation to review your situation. Hope it works out. Good luck!
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Q: canI find out if someone or a business has filed bankruptcy in Maryland?

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Feb 19, 2018

Sure. You can use the Pacer case locator at pacer.gov.
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Q: I filed for Chapter 13 bankruptcy and some how my Lenders Lawyers found a way around it.

3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Answered on Feb 18, 2018

This is really a question you should be asking the lawyer handling your bankruptcy. They should have an answer.
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Q: Are retirement savings (403.b, 401.k, and IRA) subject to seizure,

1 Answer | Asked in Bankruptcy for Ohio on
Answered on Feb 18, 2018

They should stay in the protected account until after your bankruptcy. If you reside in a state that follows federal exemptions, they would be protected. Check with local counsel.
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Q: I live in Alexandria Virginia but I need to file bankruptcy to save my home in Louisiana. I need help very badly

1 Answer | Asked in Bankruptcy, Consumer Law and Divorce for Virginia on
Answered on Feb 17, 2018

OK Bankruptcy filed where you live covers all the property you have anywhere in America, so you need to talk to a bankrutpcy lawyer in Northern Virginia.
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Q: My bankruptcy will be final on the 26 of Feb. my car will be taken so I need to purchase another cheaper.

2 Answers | Asked in Bankruptcy for Virginia on
Answered on Feb 17, 2018

Wait until after Discharge issued and then get car, and you should be fine
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Q: My home was auctioned off and may owe a balance. Can I file bankruptcy just on the balance of that home?

2 Answers | Asked in Bankruptcy for Alabama on
Answered on Feb 17, 2018

You can just file on the house debt. You must include all of your debts
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Q: Can I File for bankruptcy to avoid being evicted

2 Answers | Asked in Bankruptcy for California on
Answered on Feb 16, 2018

You need to sit down with a local bankruptcy attorney to discuss all the details of your situation. It's very difficult to answer your question with limited information but a bankruptcy most of the time will not prevent an eviction. It can delay it depending on your unique situation. But you really need to go over everything in more detail with a local attorney.
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Q: I had my chapter 13 dismissed and consider chapter 7. I want to keep my home but I am $8000. behind what are my options

1 Answer | Asked in Bankruptcy for Alabama on
Answered on Feb 16, 2018

The only way you can force the lender to accept current payments on your home loan while at the same time pay the arrears over time is via Chapter 13. You may be able to get the $8,000.00 arrears put onto the back end of the loan via a Loan Modification, but you would need to start the application process asap. Go to www.makinghomeaffordable.gov and call HUD to talk to a housing loan counselor about your options. If your home loan is owned by Fannie Mae, FHA, Freddie Mac, the VA etc,...
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Q: can i avoid vacating a lien for debtors property, debtor filed chapter13, ( have a money judgement against him)?

1 Answer | Asked in Bankruptcy for New York on
Answered on Feb 16, 2018

Yes, but it turns on the appraised value of the property. Your lien stays if the property is valuable enough to cover the lien and the homestead exemption (if applicable).
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Q: If I file personal bankruptcy how does that affect an LLC I have with my brother?

1 Answer | Asked in Bankruptcy for Texas on
Answered on Feb 16, 2018

The trustee could be interested in your membership in the LLC. For instance, if you are a 50% member, then one half of the value of the LLC would be yours. It will depend on how much that would be worth and exemptions you may have. You really need to see a bankruptcy lawyer near you to determine your best option and what impact bankruptcy would have on the LLC. Hope it works out. Good luck!
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