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Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Landlord - Tenant for Nebraska on
Q: Can my landlord evict me for filing for bankruptcy if I am current on rent payments?

I intend to continue being paying rent in full and on time.

Stuart Nachbar
Stuart Nachbar answered on Sep 19, 2020

No, as long as you are current, remain current and marked in your petition your intent to reaffirm your rental lease

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1 Answer | Asked in Bankruptcy for Illinois on
Q: Are unemployment benifits exempt from chapter 7 bankruptcy in Illinois? Can they turn you down for having them?

Can the courts take your unemployment money from you or is that untouchable?

Timothy Denison
Timothy Denison answered on Sep 18, 2020

They are treated as income for the means test but you’re not likely to ever be turned down bc of them.

3 Answers | Asked in Bankruptcy and Traffic Tickets for New Jersey on
Q: 1986 I lost my license failure paying a traffic ticket i get SSID NJ wants 15.000 restitution should I file bankruptcy

What can i do to get a driver's license is bankruptcy my only option??

Karra Kingston
Karra Kingston answered on Sep 17, 2020

Generally, fines to government agencies are not dischargeable in a Chapter 7. Fines intended to pincushion your for some type of action are not dischargeable as it would go against public policy.

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1 Answer | Asked in Bankruptcy for Michigan on
Q: currently in chapter 13 and case has been confirmed. we own a mobile home but rent the lot that its on. we fell behind

fell behind on lot rent. what is a reasonable time to catch it up before a lift on stay is requested? we live in michigan.

Timothy Denison
Timothy Denison answered on Sep 16, 2020

You put the arrearages into the plan and you have two years to repay them.

4 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: What are the effects on a Municipal tax lien, When property owner subsequent files for bankruptcy protection.

Lien is bought and held by private investor. State of New Jersey.

Derek John Soltis
Derek John Soltis answered on Sep 16, 2020

The lein stays attached to the property and continues to gather interest. If a foreclosure has been initiated, that will be stayed pending the bankruptcy. If chapter 13 is filed, then the lien can be paid off in the chapter 13 bankruptcy.

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2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Florida on
Q: bank account garnish in small claim court in Polk county, where I live years ago.

when I found out my money was frozen that was giving to me, I did not know what to do. I did not know my rights. so, my husband file a emergency bankruptcy to get a stay. Not knowing I would have a right to ask for a claim of exemption and request for hearing in the court. We didn't file the... Read more »

Victoria Morales
Victoria Morales answered on Sep 16, 2020

Once a bankruptcy case is dismissed, the Bankruptcy Court will not look any further into it, there is no case.

You do not specify under which classification you are entitled to an exemption of claim. If you are able to bring the evidence that proves your entitlement, then the Judge is...
Read more »

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: Took tenant to small claims judge ruled in my favor but says she is filing bankruptcy can she add that to bankruptcy?

If so does that mean she doesn’t have to pay me what the judge ordered her to pay and is there a way to stop her from not paying us and adding it to the bankruptcy when she files? We filed the case in small claims before she ever started to file for bankruptcy but now she’s saying her lawyer is... Read more »

Stuart Nachbar
Stuart Nachbar answered on Sep 15, 2020

While she can add the back rent to the Bankruptcy, she cant just live there for free. If she is a Chapter 13, she has to bring current and stay current

If a Chapter 7, she either has to pay or get out

I HIGHLY recommend that you seek out counsel in your jurisdiction that can assist...
Read more »

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Filed Chapter 7 BK in 2011, discharged 3/12. 2nd was surrendered, not claim as exempt. Balance was $60,000. Do we owe?

trying to refi lien is still on home

Timothy Denison
Timothy Denison answered on Sep 15, 2020

Talk to your bankruptcy attorney. You may be able to avoid all or part of the lien but much more info is needed to make a determination.

1 Answer | Asked in Bankruptcy for Idaho on
Q: So I applied for chapter 7 bankruptcy and had to switch to a chapter 13 because of an asset

My lawyer sent everything in and was waiting for a date for the meeting of creditors which I got and last week I got a letter that says a notice of hearing on trustees motion to dismiss.. on my online account where I signed up to do the payments it says I have my meeting on Wednesday but this... Read more »

Timothy Denison
Timothy Denison answered on Sep 14, 2020

Listen to your lawyer and follow his advice.

1 Answer | Asked in Bankruptcy for Missouri on
Q: I don't know whether to bankrupt or Judgement proof. If I bankrupt will I loose my 5000 car. What about judgement proof?

My income is $706.00 for social security a month. I have about $4,000 left from my profit sharing retirement. And that's it. I'm almost 70 years old. I need my car to get to the doctors and just to live. I'm diabetic. My car is my only asset and its not even worth much.

David Reese Fondren
David Reese Fondren answered on Sep 14, 2020

Exemption in bankruptcy are identical to exemptions against creditors as they are the same laws for Missourians. Can not predict how a particlar trustee or creditor atty will act. Look up your vehicle on nada.com for more accurate valuatuon. Then talk to an atty.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: My old company Brigg's & Stratton filed chapter 11 and do I need to file a claim for my 401K and pension money?

Briggs and Stratton filed chapter 11 and now I have received Form 410 (proof of claim). Do I need to fill this out to make sure I get my pension money at 65? Pension is run by Brigg's. What about my left over 401K money.

I have not work at Briggs since 2009 so 401K is a stand alone... Read more »

Timothy Denison
Timothy Denison answered on Sep 14, 2020

Yes. Fo@e a proof of claim.

2 Answers | Asked in Bankruptcy and Estate Planning for Missouri on
Q: I'm the trustee of an elderly parent's irrevocable trust. I need to file for bankruptcy due to medical debt.

Located in Missouri. I have a special needs child, and am being buried in medical debt related to the care of said child. I've talked to a credit counseling agency, and after looking at my income and debts, they determined bankruptcy is my best option.

Timothy Denison
Timothy Denison answered on Sep 13, 2020

What is your question?

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3 Answers | Asked in Bankruptcy and Foreclosure for Ohio on
Q: Can you get your home back if you included it in your bankruptcy and it’s going through court for foreclosure?

My circumstances have changed and I regret including my home in my bankruptcy. I didn’t know if there was any way to get an amended agreement, etc.

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Sep 13, 2020

Is the bankruptcy still open or is it closed? Did you receive a discharge or a dismissal? Is it or was it a Chapter 7 or 13? The first thing I would advise is to talk to your bankruptcy attorney if you had one. You need to sit down with your attorney or another attorney who handles bankruptcy so... Read more »

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2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Ohio on
Q: What information does a company like Midland Credit need to collect an unpaid debt that will hold up in court in Ohio?

Will a simple statement (without a list of transactions) work? Or do they need the original agreement and list of transactions? This is for an unpaid credit card debt that was charged off and sold to Midland Credit. (Assume you're trying to fight it without filing bankruptcy please.)

Tonya VanBenschoten
Tonya VanBenschoten answered on Sep 11, 2020

If you filed for bankruptcy after the debt was incurred and you received a discharge, all that they need is your case number.

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2 Answers | Asked in Bankruptcy for Arizona on
Q: Can creditors seize my bank account if my income is from Social Security?

Are there any pro bono attorneys for elderly people who have limited income. What does commingle funds mean?

Diane L. Drain
Diane L. Drain answered on Sep 10, 2020

No, unless you commingle funds - see 42 U,S,C Section 407(a) and SEC 207. I am happy to provide a free bankruptcy consultation for Arizona residents.

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2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Civil Litigation for Illinois on
Q: Will a memorandum of judgement against me for a credit card debt affect my wife's house?

The mortgage is in my wife's name, but I am listed as a "tenant by entirety."

Anthony M. Avery
Anthony M. Avery answered on Sep 10, 2020

Absolutely... The Judgment Lien encumbers any and all interests you have in real property in the County in which the Judgment is recorded in. And you own the same estate your Wife does. Contact a competent Illinois attorney to get the specifics about how long the Lien attaches, and whether... Read more »

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1 Answer | Asked in Bankruptcy and Real Estate Law for Florida on
Q: Bought a home in 2006 with ex g/f. She left in 2010, filed bankruptcy in 2013. Is she entitled to money if I sell?

When ex-girlfriend filed bankruptcy, it released her from the note on the home we purchased together. She is however still listed on the deed. I have paid every month on time and now wish to sell the home. Is she entitled to half of the profits even though she left in 2010, filed bankruptcy and... Read more »

Timothy Denison
Timothy Denison answered on Sep 9, 2020

No. It belongs to you.

1 Answer | Asked in Bankruptcy for Missouri on
Q: I am a 69 year old woman with diabetes who has no job now. Only social security. Can't pay my bills

I'm not sure if I should claim bankruptcy. I only receive social security and have a little money left from my Profit sharing money from my job. That's how I'm living. My social security is $706.00 a month. I have a 2014 Ford Focus that is paid off. That's all my assets.... Read more »

Timothy Denison
Timothy Denison answered on Sep 9, 2020

Bankruptcy could be your solution. Talk to a bankruptcy lawyer regarding the details of your finances and see if it is the right decision for you.

1 Answer | Asked in Bankruptcy for Nebraska on
Q: How can I stop collection agents from calling. I’m on disability. I got myself in a financial mess. Bankruptcy?

I have over$8000.00 in debt. My total income is $970.00 a month. I’m struggling terribly. Please help.

Stuart Nachbar
Stuart Nachbar answered on Sep 9, 2020

Bankruptcy would definately help you. I strongly urge you to consult counsel in your area

1 Answer | Asked in Bankruptcy for Illinois on
Q: I'm legally separated and looking to file bankruptcy but own a house with my spouse. What are my options?
Timothy Denison
Timothy Denison answered on Sep 8, 2020

You can still file solely although you need to let a bankruptcy attorney look at all your financials so you can take the best option.

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