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Bankruptcy Questions & Answers
2 Answers | Asked in Contracts, Bankruptcy and Landlord - Tenant for Indiana on
Q: My wages are being garnished from me forgetting to take my name off the lease that my ex shared. How can I stop this?

I moved out of my apartment after I broke up with an ex a while ago. He stayed. I forgot to take my name of the lease and he can't keep a job, so now the creditors are coming after me. They've garnished my wages and now I can't afford food or gas. Please, what can I do to fix this?

Timothy Denison
Timothy Denison answered on Jul 29, 2021

File a chapter 7 or Chapter 13 to terminate the garnishment.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: I filed Chap. 7 four yrs ago and now looking to file Chap. 13 am I required to pay back all credit card debt?

Or can some of it still be discharged?

Randall R. Saxton
Randall R. Saxton answered on Jul 27, 2021

If it has been more than 4 years since you filed your Chapter 7, you are now eligible for a discharge in a Chapter 13. The portion of your unsecured debt that you will repay in a Chapter 13 will dependent upon your actual current income and expenses.

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1 Answer | Asked in Bankruptcy for Colorado on
Q: My chapter 7 was discharged in April. The only asset was my tax return which I paid. How long until it will close?

Just wondering if there is any timeline for for the closing.

Timothy Denison
Timothy Denison answered on Jul 27, 2021

3-6 months.

2 Answers | Asked in Bankruptcy for Connecticut on
Q: I am retired and have a timeshare loan that I can no longer afford. Thought about bankruptcy or just stop paying .

I read they can’t garnish SSI or military retired pay my only income.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 26, 2021

Each state has laws identifying property which is exempt from attachment/garnishment by judgment creditors, and those lists, found in each state's statutes, vary.

The IRS is not bound by those state laws, however.

You can google "Connecticut exempt property", and that...
Read more »

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3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Civil Defendant insolvent.Does it help to communicate that with Plaintiff so they will not pursue judgement?

What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 25, 2021

They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove... Read more »

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1 Answer | Asked in Bankruptcy and Contracts for Oregon on
Q: What are non-dischargeable debts that do not require courts action?

Debt incurred three years prior to filing of C-13 bankruptcy and continued during Bankruptcy.

Timothy Denison
Timothy Denison answered on Jul 22, 2021

Items such as student loans, some taxes, employee contributions snd withholding, etc.

2 Answers | Asked in Elder Law, Bankruptcy, Foreclosure and Real Estate Law for Illinois on
Q: My home has been foreclosed. I just recently found out now. I vacated and gave keys to my attorney in early 2020

It's been auctioned, judge reversed the purchaser of the auction in Dec. 2020. I am now being sued for everything. I was not advised of the court date by my counsel and no one showed to represent me. My calls have not been returned. And to top that off my identity has been stolen and used. I... Read more »

Timothy Denison
Timothy Denison answered on Jul 22, 2021

What is your question?

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1 Answer | Asked in Bankruptcy and Collections for Oklahoma on
Q: Are there any free resources to help file Bankruptcy? I lost a Business due to Covid and I'm unable to pay for filing
Timothy Denison
Timothy Denison answered on Jul 22, 2021

You can petition the court to pay in installments or to waive the filing fee entirely.

2 Answers | Asked in Bankruptcy and Divorce for Washington on
Q: Can I go bankrupt post divorce to avoid paying a property settlement while still keeping my home? Chapter 13?

basically my wife has taken everything and I want to keep our home. I will have to buy her out, but will need to file chapter 13 after. Can I include this settlement to avoid having to pay her. I have already paid over $50K in alimony and $80K in attorney fees,

Timothy Denison
Timothy Denison answered on Jul 20, 2021

No. You cannot bankrupt a divorce settlement.

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3 Answers | Asked in Bankruptcy and Divorce for Georgia on
Q: I got a letter about my ex-husband's bankruptcy case stating "a discharge under 11 U.S.C. & 727 is granted".

Our divorce was finalized 7 months ago, and the judge ordered him to pay me some money. I am wondering if he still has to pay me or not, and what do I need to do next? I have tried to call bankruptcy lawyers, but everyone I have talked to says they work for the people that declare bankruptcy, not... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 20, 2021

Most divorce settlements are not dischargeable in bankruptcy. You need to consult with an attorney who can review your agreement, determine what type of payments he owes and then give you advice.

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2 Answers | Asked in Bankruptcy, Contracts, Copyright and Estate Planning for North Carolina on
Q: How do I obtain info about my sole proprietorship
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 19, 2021

This is a hard question to understand. Do you currently have a sole proprietorship? Or will it be a new one? Nothing is required to establish a sole proprietorship. Your income is reported on Form 1040, Schedule C or C-EZ. You should be running all income through a separate bank account to... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: What is the procedure for filing a judgment after filing a motion for default judgment in a adversary proceeding?

My case is the Central District of California bankruptcy court. My judgment form was rejected without even going to the judge.

Theodore Allan Greene
Theodore Allan Greene answered on Jul 19, 2021

You should hire a Bankruptcy attorney to help you navigate through the procedural guidelines required in your District.

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2 Answers | Asked in Bankruptcy for Colorado on
Q: With booming housing market, can I sell my house for over the homestead exemption?

I have gotten my discharge in chapter 7, but I am considering filing for a motion to abandon on my house. I’ve lost my job and need to get something more affordable. I am worried that since the housing market is up, it will be worth

More now than when I filed. If it does, and I get more... Read more »

Timothy Denison
Timothy Denison answered on Jul 16, 2021

If you’ve gotten your discharge and the trustee has abandoned the property, you should be able to do as you wish with the property.

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1 Answer | Asked in Bankruptcy, Traffic Tickets and Car Accidents for Kentucky on
Q: Can a police officer backdate citations?

Bumped into a car when reversing out of a parking spot Halloween of 2020. No damage, victim didn’t want to call police. Found out when contacted my insurance company, my coverage lapsed. Got that taken care of but first week of December 2020, victim called police to have police report done. Ended... Read more »

Timothy Denison
Timothy Denison answered on Jul 16, 2021

No. They cannot legally backdate citations or reports.

2 Answers | Asked in Bankruptcy for Missouri on
Q: Chp 13 trustee paying child health insurance but not child support to custodial parent. Debtor's court ordered to pay

MO child support court ordered debtor to pay both monthly support to custodial and debtor to pay monthly health insurance. Trustee paying just health.

David Reese Fondren
David Reese Fondren answered on Jul 15, 2021

You need to review your own plan that you submitted to the court and make sure that the payment is in there. Talk with your attorney if you cannot find it. Do this IMMEDIATELY, as the payments are going to other creditors. The trustee has no way of knowing your intent if not in writing. If it is... Read more »

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1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Delaware on
Q: Can a website judge me or charge my card?

A website gives discount for each one who use an invite code. I opened more than one account to get this discount every time I purchased from them. I used different cards, name and shipping address on every time I purchased. Can they judge me or charge my card if they know that it's one who... Read more »

Timothy Denison
Timothy Denison answered on Jul 14, 2021

Depends solely on your card member agreementvterms.

2 Answers | Asked in Bankruptcy for Colorado on
Q: Can a torte claim for approx $7,000 for an auto-accident be discharged in a Ch 7. No DUI involved
David Luther Woodward
David Luther Woodward answered on Jul 13, 2021

The short answer is YES.

Tort (not torte, a French pie) judgments are no different from others unless they include specific punitive or exemplary damages, which may not be discharged.

Take you specific problem to a good BK lawyer so he/she can know all the facts and base an opinion on that.

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2 Answers | Asked in Bankruptcy, Consumer Law, Divorce and Admiralty / Maritime on
Q: Please v bass do

Free fire ma v bach do

Tim Akpinar
Tim Akpinar answered on Jul 12, 2021

Something may have gotten left off your post in uploading. You could try reposting the question. Good luck

Tim Akpinar

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2 Answers | Asked in Bankruptcy and Products Liability for New Jersey on
Q: Hello I ordered from difeel and have not heard anything back from them and the tracking number was not ligit

And they have took my money of already for the order so im just wondering if they are a scammer company or ligit pls

Timothy Denison
Timothy Denison answered on Jul 11, 2021

Sounds like a scammer. Notify your credit card company to deny or reverse payment.

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1 Answer | Asked in Bankruptcy, Employment Discrimination and Employment Law for Nevada on
Q: Can they take back a job offer due to ch. 7 bankruptcy?

Files last year due to covid and most of income from partner. Got job offer and they’re doing background check. Only negative thing would be the bankruptcy. Can they take back offer due to that?

Timothy Denison
Timothy Denison answered on Jul 10, 2021

They can take back their offer for any reason or no reason at all, at any time.

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