Bankruptcy Questions & Answers

Q: I filed chapter 13 almost 3 years ago, my payments continue to go up because of income disclosure from bonuses and the

1 Answer | Asked in Bankruptcy for Missouri on
Answered on Oct 17, 2017

Chapter 13 is voluntary and in most instances, you can dismiss. Should you is the question. Contact your bankruptcy attorney. If you managed to get a chapter 13 confirmed without an attorney, you have really accomplished something as over 90% of pro se chapter 13 cases end up being dismissed. Your plan is based on your income and the debts that must be paid.

Contact your attorney and see if you can modify your plan to lower the payment or if converting to chapter 7 might be a...
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Q: If I have been served bankruptcy papers, can they legally take 100% of my home if I only own 50%?

1 Answer | Asked in Bankruptcy on
Answered on Oct 17, 2017

It is impossible to answer your question with the information provided. You need to contact a local bankruptcy attorney to review the “bankruptcy papers” you received. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
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Q: Need help to apply for bankruptcy, I’m on disability

1 Answer | Asked in Bankruptcy for Arizona on
Answered on Oct 16, 2017

You should have no problem as the SSDI will qualify for payments to be made under a reaffirmation for the vehicle.
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Q: If a person files bankruptcy, but doesn't include accounts in good standing, are the good accounts affected?

1 Answer | Asked in Bankruptcy for Georgia on
Answered on Oct 16, 2017

Upon filing ALL accounts related or linked to your social security number are closed. You can call the credit card company and see about reopening, but they usually do not do, unless AMEX
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Q: I am thinking about filing bankruptcy. Can I max my cards before hand?

1 Answer | Asked in Bankruptcy for Michigan on
Answered on Oct 16, 2017

Absolutely not. Would be considered fraudulent purchases never having an intent to repay. Any purchases within 75 days of filing are circumspect if they are not ordinary expenses.
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Q: If I was awarded a portion of my ex's 401k, but I never filed for the QDRO, how do I go about filing these forms?

1 Answer | Asked in Bankruptcy and Divorce for Georgia on
Answered on Oct 15, 2017

You need to hire an attorney to draft the QDRO. I recommend the following attorney - https://www.mlundylaw.com/
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Q: I am losing my home and filing ch 7 bankruptcy. My ex spouse owes me $27k in child support and alimony. Will I lose it?

1 Answer | Asked in Bankruptcy and Child Support for Virginia on
Answered on Oct 15, 2017

In Virginia, the bankruptcy trustee CANNOT grab your back child support or back alimony. It still belongs to you.
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Q: I am a defendant with trial set for next year. Do I have to answer the interrogatory sent to me for debt collection?

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Contracts for California on
Answered on Oct 15, 2017

Better wait for Directions so passed by the judge.
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Q: Do I have to go to court for bankruptcy

1 Answer | Asked in Bankruptcy for Kentucky on
Answered on Oct 14, 2017

If you are the debtor, you will have to attend the 341 meeting of creditors. The meeting will be conducted by the Trustee. In a chapter 13 you may have to attend the confirmation hearing of your plan.
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Q: how long to close a chap 7 been discharged no asset or distribution

1 Answer | Asked in Bankruptcy for Colorado on
Answered on Oct 14, 2017

In a no asset chapter 7 the case will usually be closed within a week of the discharge.
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Q: Do bankruptcy judges usually approve someone to hire a lawyer?

1 Answer | Asked in Bankruptcy, Family Law and Child Custody for Tennessee on
Answered on Oct 13, 2017

Usually only if a chapter 11 or 13 do judge's have to approve outside counsel
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Q: School loan debt being assisted by a company that specializes in removing the debt.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for California on
Answered on Oct 13, 2017

I am unfamiliar with companies that offer the service you are talking about. Regardless of the non reporting on the credit report - have you received confirmation that the student loan lender has received payment; do you know the status of the balance of the debt? You need to have more information about the status of the debt before making the decision to cancel the agreement. How long have you been making the payments? I really can't make a recommendation about this with the little...
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Q: I have a question about companies that allow you to rent clothing.What are the penalties if the items were not returned

1 Answer | Asked in Bankruptcy, Federal Crimes and Criminal Law for Florida on
Answered on Oct 12, 2017

Whatever the rental contact states. No way to say without first reading the clothing rental agreement.
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Q: As a music teacher, I know that my piano is exempt in a chapter 7 case; but is there a limit on it's dollar value?

1 Answer | Asked in Bankruptcy for Connecticut on
Answered on Oct 12, 2017

You need to discuss this with an experienced bankruptcy attorney and should never never never try and handle your own case. That being said, I would exempt your piano under your wildcard or tools of the trade but it would all depend on how that matches up with your other property and exemption statutes. Bankruptcy is a work of art that should not be underestimated. From your question, I gather that you know enough to be dangerous to yourself but not much else. Do yourself a favor....
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Q: Is there a website to keep track of the bk ch7 case?

1 Answer | Asked in Bankruptcy for Illinois on
Answered on Oct 11, 2017

You can access through PACER (Public Access to Court Electronic Records).

You will have to join.

https://pacer.psc.uscourts.gov/pscof/registration.jsf
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Q: WHEN CAN I START PROCEEDINGS TO FILE A 2ND BANKRUPTCY IF IT WAS DISCHARGED 8/2010

1 Answer | Asked in Bankruptcy for Indiana on
Answered on Oct 11, 2017

You count from the filing date of the 2010 petition, not the discharge date. Hope that helps. Good luck!
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Q: Could i get funding for the fee of chapter 7. I own no property, car , and i just have ssi after my brain injury 2012.

1 Answer | Asked in Bankruptcy for Georgia on
Answered on Oct 11, 2017

Funding? No. However, you can file an Application to Have the Chapter 7 Filing Fee Waived. If all you have is SSI you may be judgment proof. Essentially, there nothing that a creditor could recover from you so filing may not even be necessary. You may wish to file for the peace of mind that you will not be harassed by debtor collectors in the future for the debts you discharge. Contact a local bankruptcy attorney and schedule a consultation. If they cannot help you, they may be able to direct...
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Q: I have 3 vechicles i have loans on. IF I FILE BANKRUPTCY CAN I KEEP PAYING ON ONE AND FILE BANKRUPTCY ON THE OTHER TWO

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Oct 11, 2017

Same answer as before.

When you file bankruptcy you must list all of your assets and all of your creditors. If you are filing chapter 7 you must continue to make the contract payments on a secured car loan if you wish to keep the car. You can surrender the other cars and have any remaining balance after the cars are sold discharged. You may be able to keep more than one car depending on the number of drivers in your household. Contact a local bankruptcy attorney and schedule a...
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Q: I have 3 car loans. Can i file bankruptcy pn 2 of them and keep paying on the car loan i want to keep

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Oct 11, 2017

You asked this before same answer.

When you file bankruptcy you must list all of your assets and all of your creditors. If you are filing chapter 7 you must continue to make the contract payments on a secured car loan if you wish to keep the car. You can surrender the other cars and have any remaining balance after the cars are sold discharged. You may be able to keep more than one car depending on the number of drivers in your household. Contact a local bankruptcy attorney and schedule...
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Q: I have 3 car loans. If i file bankruptcy can i keep 1 car loan and keep paying on the loan

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Oct 11, 2017

When you file bankruptcy you must list all of your assets and all of your creditors. If you are filing chapter 7 you must continue to make the contract payments on a secured car loan if you wish to keep the car. You can surrender the other cars and have any remaining balance after the cars are sold discharged. You may be able to keep more than one car depending on the number of drivers in your household. Contact a local bankruptcy attorney and schedule a consultation. You can search for an...
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