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Iowa Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Iowa on
Q: Can a trustee in a chapter 7 bankruptcy take a structured settlement from a wrongful death? I live off of those payments
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 8, 2023

A quick check indicates that Iowa does NOT recognize the federal bankruptcy exemptions, so you'd be subject to the Iowa state statutes for any exempt property.

I strongly recommend that you speak with an experienced Iowa attorney to determine the nature and extent of exempt property...
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2 Answers | Asked in Bankruptcy for Iowa on
Q: How do I go about filing bankruptcy and how's it paid for
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 27, 2023

Quickest way is for you to google Official Bankruptcy Forms, and you should end up on the site for the official Iowa bankruptcy court. And alternative is to go to bankruptcydata, com, and click on "free resources", which will take you to a list of every official bankruptcy court site.... View More

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1 Answer | Asked in Bankruptcy and Collections for Iowa on
Q: Faltered on auto loan, not my vehicle, company filed lien on me,options?

Girlfriends vehicle what options do I have regarding responsibility or bankruptcy

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 27, 2023

Much of the best answer depends upon whether/what docs you signed regarding the auto loan.

That the auto loan lender "filed a lien" against you strongly suggests that you signed some form of personal guaranty of payment on that loan. If so, and the loan is in default, the lender...
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1 Answer | Asked in Bankruptcy for Iowa on
Q: Filed chapter 7 bankruptcy vehicle never repossessed left on my property almost 5 years now can I claim as abandoned pro

Filed chapter 7 bankruptcy vehicle never repossessed left on my property almost 5 years now can I claim as abandoned property?

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

You can try. Laws regarding abandoned property vary from state to state.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Iowa on
Q: I filed chapter 7 last year, final. One creditor refused to be notified over phone, called me many times during

All other creditors took filing and attorney info over the phone (call recorded by me). Bankruptcy had been final for a time when the bank in question FINALLY took the attorney's information OVER THE PHONE! While it was happening I researched the number (would not answer it, as it was... View More

Timothy Denison
Timothy Denison
answered on Aug 6, 2022

You should sue them or at the very least bring contempt proceedings against them for violations the stay.

1 Answer | Asked in Bankruptcy, Criminal Law and Appeals / Appellate Law for Iowa on
Q: I feel I wasn’t treated fairly in my hearing what can I do
Timothy Denison
Timothy Denison
answered on May 11, 2022

Appeal or ask for a rehearing.

1 Answer | Asked in Bankruptcy for Iowa on
Q: wondering if bankruptcy is the best option for me at this point
Timothy Denison
Timothy Denison
answered on Apr 5, 2020

Schedule a consult with a bankruptcy attorney who can evaluate the financial situation and answer your question.

1 Answer | Asked in Bankruptcy, Landlord - Tenant and Real Estate Law for Iowa on
Q: My Landlord filed bankruptcy in Iowa . The sheriff is holding an auction. I would like to know how much time I have?

I was purchasing the home from my landlord on contract I’m fine with losing that money it’s not worth it especially since he’s filing bankruptcy. The auction is coming up soon. I would like to know how much time I have (if any) after the auction?

Timothy Denison
Timothy Denison
answered on Oct 16, 2019

Probably 30 days after sale, give it take.

1 Answer | Asked in Bankruptcy for Iowa on
Q: My mother passed away and my siblings and I were left her house my brother and I reside in the home. Our sister has file

For bankruptcy. She listed the home she only has one third of the house and now the lawyer for her has told us we have to be out of the home in less than a week. We have no money to move a large house with 50 years of stuff pets, and my girlfriend has a trake and can't move things at all. Can... View More

Timothy Denison
Timothy Denison
answered on Sep 18, 2019

You do not have to move unless ordered by the court. You and your. Either should hire a lawyer to defend your rights.

1 Answer | Asked in Bankruptcy for Iowa on
Q: In the state of Iowa, filing for Chapter 13 joint bankruptcy, can court ordered attorney fees be discharged?
Timothy Denison
Timothy Denison
answered on Sep 18, 2019

Yes, possibly, depending on how they were characterized in the award of fees.

2 Answers | Asked in Bankruptcy for Iowa on
Q: My sister is executor of the home that was left to me her and my brother. The lawyer owns my sisters 3rd of it now.

And the lawyer states we need to sale home now cause he owns a 3rd of it, because my sister filed bankrupctu

How's that work and what's my rights

Timothy Denison
Timothy Denison
answered on Jul 20, 2019

Depending how he obtained yoursusters share, you and your brother will likely have to buy him out. You may need to have it appraised to determine the actual value.

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2 Answers | Asked in Bankruptcy and Small Claims for Iowa on
Q: Can someone use bankruptcy against me for a small claims settlement due to damage of my home?

A family member I'm in the process of filling a small claims suite against caused thousads of dollars worth of damage to my home. Could this person use bankruptcy to get out of paying a settlement if it's ruled in my favor?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 26, 2019

Unless Iowa is very different than most states, you cannot bring an action seeking "thousands of dollars" in a small claims court. Your important question about the bankruptcy cutting you off should be asked to and answered by a bankruptcy lawyer in your area.

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1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Iowa on
Q: What is my legal recourse in being garnished for my ex-husband’s medical bill?
Timothy Denison
Timothy Denison
answered on Apr 16, 2018

If you signed or co-signed as guarantor debt or have some legal obligation to pay them, there is no recourse. However, if you have been garnished for his bills and arenot liable for them, you can bring a wrongful garnishment suit against those creditors.

1 Answer | Asked in Bankruptcy for Iowa on
Q: Under a protection order and need chapter 7 for myself wife in home can it be saved with me legally not residing in it

No divorce forcing me into treatment but legally I don't live there can they take house based on my non residence in marital home

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 11, 2015

Go see a bankruptcy attorney about this. What you apparently need is specifically tailored legal advice, not just general information about the law.

1 Answer | Asked in Bankruptcy for Iowa on
Q: My ex-wife is filing for chapter 7

How will this affect me? Do i need to do anything? I have 3 joint credit cards that I took in our divorce.

Kelly Lambert
Kelly Lambert
answered on Jun 25, 2014

You need to review your Judgment of Divorce. After she files for bankruptcy, you will be solely responsible for repayment of the 3 joint credit cards. If, in your judgment of divorce, it is ordered that she pay these cards, it is possible that you can bring her back into court and file a motion... View More

1 Answer | Asked in Bankruptcy for Iowa on
Q: What forms dose a person need to fill a simple chapter 7 with only detes?
Andrew Bresalier
Andrew Bresalier
answered on Jan 28, 2014

The forms for a Bky are standardized. Copies are available on all District Court Bky web sites. www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Iowa on
Q: I just found out that someone filed bankruptcy and did not claim all their assets. How do I let the court know
Andrew Bresalier
Andrew Bresalier
answered on Jan 28, 2014

Contact the Trustee in the Case.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Iowa on
Q: I have had an earlier bankruptcy after a divorce. How many years must pass before filing again?
Andrew Bresalier
Andrew Bresalier
answered on Jan 28, 2014

Seven (7) years must elapse between the filing of Chapter Seven Cases.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Iowa on
Q: I am 53 lost my job and was forced to use my credit card to pay bills and maxed out can I claim bankruptcy?

I let a man move in with me cause he had nothing. Found out that he is a registered sex offender and I had no idea! He also used my card and put lots of charges on it. I kicked him out after 4 yrs and somehow he found out that the card was maxed out he called them and took his name off of the... View More

Andrew Bresalier
Andrew Bresalier
answered on Jan 28, 2014

Q: Do i need to file bankruptcy? i hav 12000 in over due dept and just had my bank account frozen,

1 Answer | Asked in Bankruptcy Law for Iowa on Mar 17, 2013.

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1 Answer | Asked in Bankruptcy for Iowa on
Q: Do i need to file bankruptcy? i hav 12000 in over due dept and just had my bank account frozen,

I can not come up with the 3000 plus dollars the company wants to unfreeze my bank account, they will not work with me at all, i also have a consideral amount of court fines that i have been paying off, so i dont get in trouble with the law

Andrew Bresalier
Andrew Bresalier
answered on Jan 28, 2014

Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

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