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Indiana Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Indiana on
Q: I filed joint bankruptcy before it was finished I got in trouble went to prison did not finish personal management class

I was dismissed from the case how do I reopen it and get my bankruptcy finished

Timothy Denison
Timothy Denison
answered on Feb 24, 2022

Do the class, then make a motion to reopen and file the certificate.

2 Answers | Asked in Bankruptcy, Consumer Law, Foreclosure and Banking for Indiana on
Q: if I am being sued in Indiana, and did not make a court appearance can that court issue a warrant for contempt of court
David Luther Woodward
David Luther Woodward
answered on Feb 21, 2022

You failed to say which or what kind of court, what kind of notice for court appearance or any details from which an answer can be derived.

Try again.

Thanks

d

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1 Answer | Asked in Bankruptcy and Tax Law for Indiana on
Q: I just got my tax refund. I live in Indiana and am currently in bankruptcy. I spent some of the money.

I didn't show my trustee first. Will I be in trouble

Timothy Denison
Timothy Denison
answered on Feb 19, 2022

You should consult your bankruptcy attorney regarding the Indiana protocol for handling tax refunds

1 Answer | Asked in Banking, Bankruptcy and Federal Crimes for Indiana on
Q: Filing for bankruptcy Found out the law firm we went to was bad so we went to cancel. Now being charged way to much.

We went to file for bankruptcy and we were supposed to only pay 100 a month til completion before they filed we've only paid for one month. We found out the company wasn't very good so we tried to cancel. Now they are trying to charge us over 600 dollars something we never ever agreed to.... Read more »

David Luther Woodward
David Luther Woodward
answered on Feb 10, 2022

Their argument will be that they have provided you that value in services. You should go to a new lawyer. Exercise your due diligence before you go--seek referrals from your local or statewide lawyer referral service.

BTW, that amount appears to be subject to discharge when you file....
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1 Answer | Asked in Bankruptcy for Indiana on
Q: I have filed chapter7 bankruptcy, got discharge, got abandonment,sisters own home, can they take it now, trustee is

Saying now a creditor wants to object, the state says my house is worth 49,000 that’s what was put in the bankruptcy, their appraiser is saying it is worth 77,000

Timothy Denison
Timothy Denison
answered on Feb 9, 2022

Likely the discharge will stand, especially if it has already been granted.

2 Answers | Asked in Bankruptcy, Real Estate Law and Landlord - Tenant for Indiana on
Q: If property sold to me has a shed with a lien on it and property sold as is, is the shed mine?

Co owner financed shed, filed chapter 7, property sold to me as is by trustee. Can co owner now remove said shed? Shed was exempted under bankruptcy as part of this property. Co owner being evicted and wants shed. I've paid all taxes for shed and it is listed as part of this property sold... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 31, 2021

When an improvement (e.g., that shed, or a house built on the property) is made to real property, it often becomes part of the real estate, i.e., a "fixture". When that happens, a conveyance of the property normally includes fixtures.

Your state's laws determine what might...
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1 Answer | Asked in Bankruptcy and Real Estate Law for Indiana on
Q: Ch 7 Bankruptcy and mortgage. Bk dc date 6/2018. House sold at sheriffs sale on 3/14/2019.

How do I find out when the title was transferred back to the bank. My fiancé and I are looking to buy a house together but I’m told it’s a 3 yr waiting period after title transferred

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 27, 2021

Unless you exempted the house, it was transferred to the Ch 7 Trustee when you filed the Petition. At time you surrendered your interest to the Trustee. A secured lender's foreclosure was not against you personally as you had already discharged your debt. If you did exempt a homestead... Read more »

2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Collections for Indiana on
Q: I wrapped a huge rv for a company.Spent every dime I was given on vinyl and installers and a garage large enough to fit

The rv and then the clients didn't like the rv outcome told me to remove all that was done and now they say I can have criminal charges how so?They didn't like the outcome and said remove.I spent all the money given on this wrap to now I feel I need to file bankruptcy.I have no money to... Read more »

Timothy Denison
Timothy Denison
answered on Sep 18, 2021

There is no criminal conduct in what you described. Cease all communications with them. There is no money to refund.

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2 Answers | Asked in Bankruptcy for Indiana on
Q: Can civil resititution be added into a bankruptcy
Timothy Denison
Timothy Denison
answered on Aug 31, 2021

Depends on the nature of the restitution.

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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 Indiana on
Q: I have a 15 year old debt that Discover sends Summons by court every couple of years. What happens if I stop going?

The debt is not on my credit report. I go to the court and actually meet with lawyer for Discover who asks some questions. I think they are just trying to keep the debt refreshed. What happens if I don't go? Or should I contact them? We have no money.

Christopher Crull
Christopher Crull
answered on Jul 7, 2021

This sounds like a situation in which you are being summoned to appear at a debtor's exam. This is a court proceeding for which there are penalties if you fail to appear, including the possibility of the court issuing an arrest warrant. The debtor's exam is a tool that a judgment... Read more »

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1 Answer | Asked in Bankruptcy for Indiana on
Q: I filled bankruptcy and the trustee is taking more than half of my taxes. My business suffered greatly because of covid

I have been off work for 5 months due to a surgery. Are there any provisions set forth for Covid to where he can not take them?

Timothy Denison
Timothy Denison
answered on Mar 23, 2021

No.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Indiana on
Q: Since covid 19 started well little but after i have been unable to pay my credit cards and 1 loan, i have moved how can

Find out if there is a summons for me or court date in Indiana

Timothy Denison
Timothy Denison
answered on Mar 13, 2021

Call the court in the county in which you live.

2 Answers | Asked in Bankruptcy and Car Accidents for Indiana on
Q: First I am a disabled man that was just in an accident w/o insurance and at fault on 2/19/21(3 days before my birthday)

I'm also htv from dui's. This is the fourth time caught w/o insurance. I've already called down state to see what with them is going to happen with my license. 1 year suspension, 3 years Sr 22 insurance, and a $1000 reinstatement fee unless the judge does something else. I'm... Read more »

Timothy Denison
Timothy Denison
answered on Mar 6, 2021

What is your question?

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2 Answers | Asked in Bankruptcy for Indiana on
Q: Can I cover money in the checking account with the Indiana wildcard exemption?

I know each filer has $400 allowed in the account, but can we exempt our tax refund with the wildcard exemption?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 9, 2021

If you use the Federal exemptions, and do not use the "wild card" on other property, yes.

And pursuant to Indiana Code Title 34. Civil Law and Procedure § 34-55-10-2(c)(11), your income tax refund should be exempt as well.

I'm in PA, and bankruptcy debtors can choose...
Read more »

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2 Answers | Asked in Bankruptcy for Indiana on
Q: in Indianapolis Indiana, recently unemployed, how do find a Pro Bono Lawyer? Trying file chapter 7 over 30,000 in debt

Medical and Credit Card bills pilling up. I was recently in hospital last month for diabetes and high blood pressure. Do not want the stress of creditors calling me, sueing me and wage garnishment when I return to work. Trying file Chapter 7 before returning to work. Do not want have file for... Read more »

David Luther Woodward
David Luther Woodward
answered on Jan 8, 2021

Doing your own Chapter 7 is roughly equivalent of doing your own appendectomy.

Have you talk to a Bankruptcy lawyer. There are now methods to pay for the 7 after filing, but what's the rush? Wait until ALL THE MEDICAL BILLS ARRIVE. Providers are notorious for taking their time bill...
Read more »

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Is unemployment income exempt in a chapter 7 bankruptcy in Indiana?

I was told that the stimulus payments were exempt and could be kept, but will the additional $300 in unemployment income be safe as well? For example, if I receive $3,000 in unemployment income, am I allowed to have that in the bank account when I file? We are filing after we receive our tax... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 6, 2021

The tax refund is not exempt on it's own, but there's a federal wildcard exemption of $11,000 you may be able to use, depending on your other assets. You need to speak to an attorney to review all your financial details and advise you about what will be exempt.

2 Answers | Asked in Bankruptcy for Indiana on
Q: Do you have to ask the trustee to sell your house in a chapter 13 and your house is not included?

I paid the back mortgage payments up that my attorney had me miss to create debt. The plan now only has credit and vehicle.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 27, 2020

Yes you need to get permission from the trustee to sell the asset, and you may have to turn over the proceeds from the sale, if any, to the trustee to satisfy the Chapter 13 Plan.

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1 Answer | Asked in Bankruptcy and Business Formation for Indiana on
Q: How can I get information on my bankruptcy records from 2010-2011

I filed in 2010 and my case was closed in 2011

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 14, 2020

Google pacer.com, and sign up It's free. Then go to bankruptcydata.com, and click on "free resources in the upper right of the opening page. It will give you a list of all the bankruptcy court websites. Click on Indiana, then choose the Indiana "ecf" site. You will need the... Read more »

1 Answer | Asked in Bankruptcy for Indiana on
Q: The trusteee objects to my claiming 100% of FMV on my tenancy by entirety home and wants to sieze $2900 in FPUC funds

I am Pro se. In Sched A/B on some items I claimed 100% of FMV instead of an specific amount. The trustee has moved to invalidate Schedules A/B and C which also has a tennency by the entirety exemption. Also I claimed a tangible wildcard exemption on $3000 in bank accounts and not the $400... Read more »

David Luther Woodward
David Luther Woodward
answered on Aug 4, 2020

Now is the time for you to get a lawyer!

The trustee's objections are probably not well founded, but the law is tricky and something about which you appear to be initiated. Tenants by the entireties is a proper exemption if the underlying facts are there. You need a proper analysis....
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