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Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I have to file for bankruptcy. Where do I start?

My husband passed away 4 months ago. I have high credit card debt and not enough income to make payments.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 15, 2019

If you choose to file for bankruptcy relief without a lawyer, here are the forms you will need to fill out and file-

https://www.uscourts.gov/forms/bankruptcy-forms.

You must first decide whether to file a Chapter 7 or Chapter 13 case. There are income limitations for Ch. 7...
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2 Answers | Asked in Bankruptcy for California on
Q: Other than the $306 bankruptcy fee how much does an attorney charge in the Sacramento area to file a bankruptcy case?

The potential client is a 71 year old woman whose husband passed away on 9/6/19 and lives on a fixed income while taking care of her handicapped 42 year old son. She is now being inundated with creditor calls.

Ronald Holland
Ronald Holland answered on Oct 15, 2019

As I do, I think most attorneys will charge based on their experience, the complexity of the case and the circumstances of the potential client, including their income.

My standard fee for a chapter 7 filing is $1,650 plus the court filing fee of $335. This fee can be much higher for a...
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1 Answer | Asked in Bankruptcy for Missouri on
Q: We are in a ch 13, we received a check from insur co for hail damage made out to mortgage does work have to be complete

Our 19 year old son leaves for basic training this week and has several thousand dollars in debt can we ask to retain funds for personal use

David Reese Fondren
David Reese Fondren answered on Oct 14, 2019

First, your mortgage company will insist on using the funds to maintain the integrity and value of your home. Any excess funds are treated the same as a tax return or bonus check. You need to file a motion to keep some or all of it. Second, your son may qualify for the soldiers and sailors relief... Read more »

2 Answers | Asked in Bankruptcy for Georgia on
Q: wanting to file ch 13 to keep car. My wife is currently in ch. 13.

since both our names are on the vehicles, will it affect me from filing. my vehicle is not being paid through her bankruptcy its list as direct pay.

Timothy Denison
Timothy Denison answered on Oct 14, 2019

Should not affect your filing.

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1 Answer | Asked in Bankruptcy and Collections for Maryland on
Q: I have a 2nd mortgage discharged in a Chapter 7 bk in 2011 in Maryland. Is there a statute of limitations on this?
Timothy Denison
Timothy Denison answered on Oct 12, 2019

Statute of limitations on what?

1 Answer | Asked in Bankruptcy for Florida on
Q: I know you're not supposed to incur new debt in chapter 13, but if one did, how would the trustee find out?

My family wants to help build my credit by putting the deposit down for a secured card. My lawyer is taking too long to get back to me and I want to begin building my credit immediately.

I'm one year in and have made all payments on time to the trustee.

Timothy Denison
Timothy Denison answered on Oct 12, 2019

Confer with your lawyer first before doing anything that night be contemptuous.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Chapter 7 Bankruptcy question - Georgia

Hello, I have contacted a lawyer in regards to filing chapter 7, and in that conversation the lawyer told me If I wanted to keep my car that I have loan for, all I need to do is just continue to make payments, that I dont need to reaffirm the loan or do anything else, is this true?

Timothy Denison
Timothy Denison answered on Oct 11, 2019

You can do it that way, yes, but if you stop paying, they will repo the car.

2 Answers | Asked in Bankruptcy for Kansas on
Q: If I don't have a ks license can I still file in ks? I have lived in Kansas for maybe 3 years.

I have all my mail come to home though. I am also being garnished and cant afford what they are taking out!!

Timothy Denison
Timothy Denison answered on Oct 10, 2019

Yes. You only need to have lived in Kansas for 180 days to file.

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2 Answers | Asked in Bankruptcy for New York on
Q: I recently filed a Ch 7 bankruptcy with an attorney and it was recently discharged. I requested an adversary proceeding

and it was not completed. I am aware of the Brunner Test and made my lawyer aware of it as well but the lawyer did not move forward on it or do anything to assist me and I was told "they won't discharge it". I am well aware that some have been by proving undue hardship and seriously need the... Read more »

Karra Kingston
Karra Kingston answered on Oct 9, 2019

Hello, the Brunner Test is not easy to overcome. You will also have to spend money to litigate this matter. I would call around but if most attorneys do not want to handle it then you may not have a good case. Try to contact a few other attorneys and explain your situation. If your case has been... Read more »

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: How can I find my docket bankruptcy
Timothy Denison
Timothy Denison answered on Oct 9, 2019

Pacer.gov

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1 Answer | Asked in Bankruptcy for Louisiana on
Q: Why do I need court permission to buy an automobile?

My wife filed Ch 13 one year ago. I did not. Our family car is sadly getting too expensive to repair and needs to be replaced.

Timothy Denison
Timothy Denison answered on Oct 8, 2019

You need court permission to incur ANY debt while you are still in a bankruptcy.

2 Answers | Asked in Bankruptcy for Delaware on
Q: How much does it cost for bankruptcy?
Stuart Nachbar
Stuart Nachbar answered on Oct 8, 2019

Depends on the attorney, the level of experience and complexity of your case, but figure anywhere from 2,000-4,000 + Filing fees and other costs.

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1 Answer | Asked in Bankruptcy for Wyoming on
Q: Is theft over $1,000 a misdemeanor or felony

In Wyoming

Timothy Denison
Timothy Denison answered on Oct 8, 2019

Varies state to state but is a felony in most states.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Georgia on
Q: Should I file my answer to a debt collection lawsuit first or try to negotiate a settlement before filing an answer?

I am being sued by Capital One for a credit card debt. I have 30 days to file an answer. I just received a letter from the firm representing Capital One with settlement options including monthly, lump sum or 3 month payment plans. However, there is a line stating that a consent judgment may need to... Read more »

Timothy Denison
Timothy Denison answered on Oct 7, 2019

I’d try before filing the answer, although you may want to hire a lawyer to do it for you.

6 Answers | Asked in Bankruptcy for New Jersey on
Q: Why is my bankruptcy lawyer pushing me to sue my last employer and amend my current bankruptcy filing?

I had the absolute worst lawyer file my bankruptcy and overcharge me considerably. I don't know why she is so interested in my personal life but I did mention to her how severely discriminated I was at my last job. I thought about suing my previous employer but decided to let it go and... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 7, 2019

You are free to change your bankruptcy attorney at any time. It is the Bankruptcy Trustee, not your attorney that has the most to gain if you have a valid employment discrimination case. While your bankruptcy attorney will have to perform some additional legal work, she will not gain much, unless... Read more »

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Is there a way to discharge my remaining bankruptcy lawyer fees for a completely negligent lawyer?

My bankruptcy lawyer charged me $2500 for a chapter 7 - I don't have any hidden assets or a complicated case. I find out that my brother-in-law paid less than half. So far, I paid her $2000. I still owe $500 in 3 monthly installmants. I had to chase her for everything, and I mean everything. I... Read more »

Stuart Nachbar
Stuart Nachbar answered on Oct 7, 2019

While I do not condone not paying counsel, I am curious if you have filed the Petition, how she can be collecting on a pre-petition debt when 11 USC 362 says she/he cant. Even counsel fees can be seen pre-petition debt. I have heard of counsel doing this with a broken out Retainer for specific... Read more »

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Will my bankruptcy lawyer show up with me to my court hearing?
Timothy Denison
Timothy Denison answered on Oct 5, 2019

I’m sure he will if he’s been paid.

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Illinois on
Q: If I cant negotiate with the judge, would Chapter 7 , a bankruptcy stall her eviction if negotiation fails? or What woul

She faces a judgement of over $4,000 for failure to pay rent, but she has evidence she paid partial, and she is on SSDI. Her landlord raised the rent from $625 to $650, she has not had any repairs done on her apt as she had requested. Judge said to come with evidence and or a witness to help her... Read more »

Timothy Denison
Timothy Denison answered on Oct 5, 2019

A bankruptcy would delay her eviction for a while. The judge has no discretion to allow her more time. There is no negotiation with the judge. The only question to be answered is whether or not the rent has been paid.

1 Answer | Asked in Bankruptcy for Louisiana on
Q: I filed ch 13 in March 2018, I was in a car accident in July 2019 Can the trustee keep any monies from the accident?

Insurance is trying to paying off my car but the trustee hasn’t allowed it yet. The trustee is still making payments towards the car even though the car is gone and she has been notified of this from the insurance company. My claim is still open for my physical injuries since the injuries are... Read more »

Timothy Denison
Timothy Denison answered on Oct 5, 2019

If you are in a 100% 13 plan, then no. If you are in a less than 100% repayment plan, then the trustee n mc at be able to get a portion of it.

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