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Indiana Bankruptcy Questions & Answers
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.
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...
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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...
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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
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.
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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1 Answer | Asked in Bankruptcy for Indiana on
Q: I have started the process to file ch 7 bankruptcy. I'm married, but live separately. How will it effect them?
Timothy Denison
Timothy Denison answered on Jul 26, 2020

It will not. Since you live separately, the spouses income doesn’t have to be included.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can give my car back to my creditor going through a bankruptcy?

I recently file for chapter 7 and I decided to keep my car. I was supposed to reaffirm with my car loan folks but I changed my mind because I want to get another car. Im a month behind on my car payments. Can I retroactively place my car in bankruptcy How can get out of this situation without the... Read more »

Timothy Denison
Timothy Denison answered on Jun 1, 2020

You can give the car back and walk away. Unless you’ve signed the read, you can walk away owing nothing.

1 Answer | Asked in Real Estate Law, Bankruptcy and Intellectual Property for Indiana on
Q: Can the trustee of Chapter 13 take money from insurance company after my neighbors house exploded totaling out my house?

I filed Chapter 13 Bankruptcy in January of 2019 and have been making payments. In May of 2019 my neighbors house exploded condemning my house unlivable. The insurance company paid out $115,000 to repair the house totaling it out and said if I tear it down and rebuild it they will give $25,000 more... Read more »

Timothy Denison
Timothy Denison answered on May 24, 2020

You need a bankruptcy attorney ASAP to clean this up for you and to protect your interests. The trustee shouldn’t be able to hijack all your money from the house.

2 Answers | Asked in Bankruptcy for Indiana on
Q: If joint tenants w rights of survivorship in indiana, is house protected in ch 7 bankruptcy?
Timothy Denison
Timothy Denison answered on May 15, 2020

Only to the extent of your homestead exemption ( and your spouses iexemption if filing too).

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1 Answer | Asked in Bankruptcy for Indiana on
Q: My tax return went to my attorneys office in the form of a check due to bankruptcy. Will my stimulus check do the same?

I filed in sept 2019 and it was discharged in Jan 2020 however when I filed my taxes and indicated direct deposit the IRS sent my refund to my attorneys office in the form of a check. Will it be the same for this stimulus check or will it be direct deposited as indicated on my tax return?

Timothy Denison
Timothy Denison answered on Apr 13, 2020

Stimulus check should come directly to your bank account.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I have a open bankruptcy case will I still receive my stimulus check
Timothy Denison
Timothy Denison answered on Apr 13, 2020

Yes, if you meet all the requirements.

2 Answers | Asked in Bankruptcy for Indiana on
Q: My ch7 discharged in July 19'. Willl the trustee take my stimulus check?
Stuart Nachbar
Stuart Nachbar answered on Apr 11, 2020

If your bankruptcy was discharged, meaning an order of discharge was entered and usually closed after its entry, then the trustee cant reopen to take stimulus check. ALSO, it is a post petition asset, so it should be no issue

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Is reporting on my credit report after automatic stay in violation of the stay.

I have received an email and a modification to my credit report.

Timothy Denison
Timothy Denison answered on Mar 27, 2020

No, bc it is not an attempt to collect a debt.

1 Answer | Asked in Bankruptcy for Indiana on
Q: In a chapter 7 BK if I select surrender for my auto. When can the creditor come get my vehicle. Right away?
Timothy Denison
Timothy Denison answered on Mar 3, 2020

Yes. Within a few days to a week.

1 Answer | Asked in Bankruptcy and Family Law for Indiana on
Q: Can I sue my ex-husband for a joint debt he was supposed to be responsible for if he files for Chapter 11 bankruptcy?

I just found out my ex-husband is filing Chapter 11 bankruptcy. A credit card that he agreed to pay at the time of our divorce (6 years ago) is included in his filing. I understand the creditor has the right to collect the debt from me, despite the divorce decree. Can I pay the debt and sue him for... Read more »

Timothy Denison
Timothy Denison answered on Feb 27, 2020

You simply need to file a motion in the divorce to hold him in contempt for non-payment.

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