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Kentucky Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Kentucky on
Q: If you file bankruptcy on a business will it affect you personally?

I have two loans one tied to a cd and a credit card in business name.

Timothy Denison
Timothy Denison
answered on Jan 17, 2023

Yes indeed.

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: If you file bankruptcy on a business will it affect you personally?

I have two loans one tied to a cd and a credit card in business name.

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Jan 18, 2023

It should only affect you personally if you also guaranteed the debt. Most businesses are a separate entity just like a separate person. You are only liable for a debt to a creditor if you agreed to be liable for it. You can co-sign with your company or a person and be held liable.

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: We have $50,000 in debt that we may file Chp7 on, but we don’t want to file on a tractor we bought last year.

We would like to continue to make payments on it and keep it because we need it for our property. The home & 1 acre is in my name because I lived here before my husband and I married. We use the tractor for property maintenance and feeding our cows. (We have 2 that are being raised for our meat... Read more »

John Robinson
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John Robinson
answered on Jan 17, 2023

Great question, and one that I frequently field from potential filers. The John Deere Finance loan will have to be identified in the bankruptcy schedules. This ABSOLUTELY does NOT mean that you have to give up the tractor. There are multiple paths available to keep the tractor. One path,... Read more »

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1 Answer | Asked in Bankruptcy, Consumer Law, Employment Law and Collections for Kentucky on
Q: My employer received a garnishment form to garnish my wages. The file date for garnishment was 2007. Is there time limit
Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. There is a 15 year statute of limitations on a judgment collection if it has not been renewed.

2 Answers | Asked in Foreclosure, Bankruptcy and Real Estate Law for Kentucky on
Q: Hypothetically Is there a way to take over someone’s home and loan, (including loan interest rate)

hypothetically a close relative needs to file bankruptcy but I assume she will loose the home in the process so I will take over home and loan then rent it to them theory. The home mortgage is currently and no payments missed

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 22, 2022

She won't necessarily lose the home, but it depends. If she has equity, if she's been up to date on paying her mortgage etc. Your relative would need to speak to bankruptcy counsel re the specifics of her situation.

Re you taking over, that is something you would need to request...
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1 Answer | Asked in Bankruptcy for Kentucky on
Q: When a bankruptcy case is filed do all claims or lawsuits against you get dismissed?
Jonathan Hodge
Jonathan Hodge
answered on Nov 11, 2022

Most will but there are exceptions to discharge. The most common non-dischargeable debts are domestic support obligations, student loan debt, and most tax debt owed to federal, state or local governments. Debts from misrepresentations made to get credit, debts arising from fraud, "willful... Read more »

2 Answers | Asked in Bankruptcy for Kentucky on
Q: If you have filed chapter 13 in 2020 and it was discharged, would I be eligible to file chapter 7?

My husband unfortunately has entered a rehab facility and is not able to help with our bills.

Stuart Nachbar
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Stuart Nachbar
answered on Oct 14, 2022

If you filed a Chapter 13 in 2020, how are you discharged already? If you got your discharge in 2020, it depends more on when you filed the Petition, as that is the controlling moment

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1 Answer | Asked in Bankruptcy and Civil Litigation for Kentucky on
Q: My brother sold his restaurant owes me half of the money hes claiming to want to file bankruptcy to avoid paying me ?

He has a clerk job he makes about $1400 clear a month after taxes He has also defaulted in a civil lawsuit

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Aug 29, 2022

Your brother seems to qualify for filing bankruptcy. He makes very little income. There may be a problem for him in that if he sold the restaurant, there should be maybe money left over or money to be accounted for. There is also a requirement to keep records. He could make a gross income of... Read more »

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Bought shed, have receipt I pd her $6000 & it wasn't financed. Shed repoed & she's filed bankruptcy. What do I file?

Bought shed from marketplace from a lady. She wrote a receipt stating that it was paid for in full previously by her and it was not being financed anywhere. Before I had a chance to get it moved the finance company re-Po'ed it and now she refuses to give my money back. She texted me and told... Read more »

Timothy Denison
Timothy Denison
answered on Aug 26, 2022

File a proof of claim in the bankruptcy and hire a lawyer to file an adversarial proceeding against her in the bankruptcy.

2 Answers | Asked in Bankruptcy for Kentucky on
Q: My brother sold his restaurant owes me half of the money hes claiming to want to file bankruptcy to avoid paying me ?

He has a clerk job he makes about $1400 clear a month after taxes He has also defaulted in a civil lawsuit

Jonathan Hodge
Jonathan Hodge
answered on Aug 24, 2022

If he files a bankruptcy, you will need to file a proof of claim that shows you are a creditor entitled to payment.

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: I've been using a new credit card in chapter 13 will it cause my case to get dismissed?

My fiance is making the payment for me and its not really effecting my budget and i am up to date and current on all my payment in my bankrupcy and the credit card. I really dont want to draw this to my lawyers attention. Will this cause my case to be dismissed

Timothy Denison
Timothy Denison
answered on Jul 29, 2022

Probably not but you should stop using the card until the bankruptcy is completed.

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: My new wife took out a credit card in my name. I am in a chapter 13. What will happen?

My new wife took out a credit card in my name. I am in a chapter 13. She used my info, I didn't know about it, what will happen?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jul 14, 2022

What you describe sounds like a post-filing debt, which would not be discharged in your Chapter 13. I have no doubt that your jurisdiction forbids incurring new debt, (including credit cards) without Court permission. (No Court in my experience would EVER grant permission). I agree with Mr.... Read more »

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: In Chapter 13 with my ex-husband, if he does not turn in his tax returns, what happens and how can I protect myself?

We filed together approx 2 years ago, prior to divorcing, and this if the first year we are having to turn in our tax returns, but I received a motion stating he had not done this. I do not know how to protect myself in this situation. He has a car with my name on it and I have a car with both... Read more »

Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Jun 20, 2022

The bankruptcy case will be dismissed if the ex does not pay the tax refund. I fail to see why you would be in Chapter 13 unless you have a large income, a large amount of assets, student loans, or income taxes which you need to manage in Chapter 13.

You may want to be dismissed from the...
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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Chapter early dismissal

If a lawyer was to request a early payout on a chapter 13 how does that work exactly and what is the turn around time for all of that? I am 3 years into plan and want to request a early out or early payout

Timothy Denison
Timothy Denison
answered on Jun 16, 2022

Do you mean an early payoff of the plan.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: What am I being asked for in my bankruptcy case, from chapter 7 order to debtor of documents I need to submit to trustee

“Copies of all notes, security agreements, loan disclosure statements and other documents relating to loan transactions to which the debtor is a party” Say it in layman/is this about my personal loan already included in the case that I am declaring bankruptcy on?

Timothy Denison
Timothy Denison
answered on May 7, 2022

Yes it is, but it also pertains to any and all other loans you currently have. Best to turn over all loan documents for any loans you currently have, whether you are discharging them or plan to repay them.

1 Answer | Asked in Child Support and Bankruptcy for Kentucky on
Q: Can a creditor garnish my wages if my child support payments are withheld from my paychecks?
Timothy Denison
Timothy Denison
answered on Apr 11, 2022

Yes, but the amount depends on your total earnings

1 Answer | Asked in Bankruptcy for Kentucky on
Q: I don't understand not qualifying for the automatic stay.
Timothy Denison
Timothy Denison
answered on Mar 21, 2022

Everyone initially qualifies for the automatic stay upon filing. However, as the case progresses, the Court may grant relief from the stay to any party as deemed necessary.

2 Answers | Asked in Bankruptcy for Kentucky on
Q: I'm on SSDI. I have filed a 13 in 2018 and dismissed.. I have a 7 in 2012. A business partner left unexpected .

I need relief again with increases in all areas of my situation now

David Luther Woodward
David Luther Woodward
answered on Mar 21, 2022

You didn't ask a question directly, but the implication is whether you can file under your facts.

The short answer is Yes, but you may not qualify for the automatic stay--your lawyer will have to file a motion to have that granted.

Sorry to hear your plight, but go see a good...
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1 Answer | Asked in Bankruptcy for Kentucky on
Q: How to check if a judgement was filed in a bankruptcy?
Timothy Denison
Timothy Denison
answered on Mar 5, 2022

Go to pacer.gov, create an account, then look up the case in question.

2 Answers | Asked in Bankruptcy for Kentucky on
Q: My siblings and I own each an 1/8 interest in a property. My brother is filling bankruptcy. What happens?
Lloyd M. Nolan
Lloyd M. Nolan
answered on Oct 25, 2021

I'm not licensed in Kentucky, so you should consult an attorney licensed in your State. In most States your brother's 1/8 interest would not be exempt under law. What that means is that his bankruptcy estate would include his 1/8 interest and the bankruptcy trustee would be entitled to... Read more »

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