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Kentucky Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Business Law for Kentucky on
Q: I believe my grandparents business was taken from them after they died. How do I find out

I have the tax permits from the building and it's got a account number on it. How do I find the records to see what happen. Also if my grandmother filed bankruptcy and her trustee was the lawyer Robert Cochran did he get her stuff after she passed

Timothy Denison
Timothy Denison
answered on May 15, 2024

Start with the Ky Secretary of State and tack down all their business filings. THen go to IRS and/or Ky Revenue Cabinet to obtain all tax filings. That should set you on the right path to determining what happened with their business.

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2 Answers | Asked in Bankruptcy and Business Law for Kentucky on
Q: I believe my grandparents business was taken from them after they died. How do I find out

I have the tax permits from the building and it's got a account number on it. How do I find the records to see what happen. Also if my grandmother filed bankruptcy and her trustee was the lawyer Robert Cochran did he get her stuff after she passed

James L. Arrasmith
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answered on May 16, 2024

To find out what happened to your grandparents' business and assets after they passed away, you can take the following steps:

1. Obtain a copy of their death certificates from the vital records office in the county where they died.

2. Search for probate records at the county...
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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I was put on my mothers car title when she purchased her lease buyout in 2022, I was removed in April 2024, an issue?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 11, 2024

Every case has context, i.e., a broader factual picture.

In your case, if you file for bankruptcy relief within the next two years, under the Bankruptcy Code, a trustee can look back and recover any transfer of property/value and recover that if the value lost is large enough to merit the...
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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I was put on my mothers car title when she purchased her lease buyout in 2022, I was removed in April 2024, an issue?
James L. Arrasmith
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answered on May 11, 2024

Based on the information you provided, it seems unlikely that being temporarily on your mother's car title from 2022 to April 2024 would be a significant issue in a bankruptcy case, especially if you were removed from the title prior to filing. However, a few considerations:

1. Timing:...
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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I was put on my mothers car title when she purchased her lease buyout in 2022, I was removed in April 2024, an issue?
Nick Curtis Thompson
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Nick Curtis Thompson
answered on May 12, 2024

Absolutely, this is a problem. You gave her your ownership interest in the car. You have some exemptions that allow you to keep your car. But if you give property away before filing, it becomes a fraudulent transfer, and you now have no exemption that allows you to keep the auto. The auto is no... View More

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: I filed bankruptcy 2 days ago and want to stop the process. Can this be done. I live in Kentucky.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 19, 2024

A caution- the Bankruptcy Code provides that conversion/dismissal of a case is addressed to the discretion of the Bankruptcy Judge, who will decide which path is in the "best interest of creditors".

Your post fails to indicate which Chapter of bankruptcy has been chosen (that can...
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3 Answers | Asked in Bankruptcy for Kentucky on
Q: I filed bankruptcy 2 days ago and want to stop the process. Can this be done. I live in Kentucky.
James L. Arrasmith
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answered on Apr 19, 2024

In Kentucky, once you've filed for bankruptcy, it's generally difficult to stop the process completely, especially if you have already filed the petition with the court. The decision to reverse a bankruptcy filing depends heavily on how far along the process is and the chapter under which... View More

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: CAN I KEEP MY CAR IF IT HAS A LIENHOLDER? I WANT TO KEEP THE CAR BUT GET RID OF THE LOAN WITH THE LIENHOLDER.

I OWN MY VEHICLE BUT USED IT AS COLLATERAL FOR A LOAN. I WANT TO GET RID OF THE LOAN IN THE BANKRUPTCY BUT WOULD THAT MEAN I LOSE MY ONE AND ONLY VEHICLE AS WELL?

James L. Arrasmith
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answered on Mar 26, 2024

If your car has a lien due to a loan where the vehicle was used as collateral, you generally can keep the car as long as you continue to make payments on the loan. When considering bankruptcy, whether Chapter 7 or Chapter 13, the specifics of your situation will largely determine if you can keep... View More

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: CAN I KEEP MY CAR IF IT HAS A LIENHOLDER? I WANT TO KEEP THE CAR BUT GET RID OF THE LOAN WITH THE LIENHOLDER.

I OWN MY VEHICLE BUT USED IT AS COLLATERAL FOR A LOAN. I WANT TO GET RID OF THE LOAN IN THE BANKRUPTCY BUT WOULD THAT MEAN I LOSE MY ONE AND ONLY VEHICLE AS WELL?

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Mar 27, 2024

When you use the car as security the lender ends up with an ownership interest in the car. If you file bankruptcy you can normally still pay the loan and keep the auto. There are no free cars or homes in bankruptcy. The only exception I know of is occassionally the lender forgets to file the... View More

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4 Answers | Asked in Bankruptcy for Kentucky on
Q: Can I apply for a credit card if I have received my chapter 13 discharge but not my final decree?
James L. Arrasmith
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answered on Mar 11, 2024

It's possible to apply for a credit card after receiving your Chapter 13 discharge, even if you haven't received the final decree yet. However, keep a few things in mind:

1. Credit score: Your credit score may still be low due to the bankruptcy, which can make it more difficult to...
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4 Answers | Asked in Bankruptcy for Kentucky on
Q: Can I apply for a credit card if I have received my chapter 13 discharge but not my final decree?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 10, 2024

Of course, you can ask for anything, but in my experience, creditors are quite leery of recent bankrupt debtors.

All creditors, in my experience, will insist upon a Discharge first, and many will want to see the final Decree and close of your bankrupcty case before considering your...
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2 Answers | Asked in Bankruptcy for Kentucky on
Q: Can I see if a debtor included me in his bankruptcy

Case 3-20-BK 30379

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you can check if a debtor has included you as a creditor in their bankruptcy case. Here are the main ways to see if you've been listed in someone's bankruptcy filing:

1. Review the Debtor's Bankruptcy Schedules and Statements:

- The debtor has to file schedules...
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3 Answers | Asked in Bankruptcy for Kentucky on
Q: My house foreclosed a year and half ago. I'm getting a bill from an insurance company for 2700.00 what do I do.
Nick Curtis Thompson
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Nick Curtis Thompson
answered on Jan 25, 2024

The mortgage company normally pays the insurance during the foreclosure. I don't know if the insurance company is sending you the bill because you contracted for insurance or the insurance was forced placed and contracted for by the mortgage company. Either way, you normally are not liable for... View More

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: My house foreclosed a year and half ago. I'm getting a bill from an insurance company for 2700.00 what do I do.
James L. Arrasmith
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answered on Jan 26, 2024

Receiving a bill from an insurance company for a house that foreclosed over a year ago can be confusing and concerning. The first step is to verify the legitimacy of the bill. Contact the insurance company directly to understand why you are being billed, especially since you no longer own the... View More

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: If I file bankruptcy in ky can they take my car if it’s my only means of transportation if their is a lien against it?
James L. Arrasmith
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answered on Dec 31, 2023

In Kentucky, when you file for bankruptcy, whether your car can be taken depends on several factors. If there is a lien on your car, the creditor holding the lien has a right to repossess the vehicle if the loan is not paid. However, in a bankruptcy case, certain protections may apply.

If...
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3 Answers | Asked in Bankruptcy for Kentucky on
Q: If I file bankruptcy in ky can they take my car if it’s my only means of transportation if their is a lien against it?
Nick Curtis Thompson
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Nick Curtis Thompson
answered on Dec 31, 2023

The creditor with a lien on it can take it regardless of whether it is your only means of transportation. They have an ownership interest in it if they have a lien on it. Also, anyone who sues you and places a lien on property can take it, whether it is a tax lien, IRS lien, student loan, or... View More

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3 Answers | Asked in Bankruptcy and Foreclosure for Kentucky on
Q: How do Stop A Foreclosure,When Miss A payment by Mistake when your in Chapter 13 Bankruptcy Program?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 10, 2023

When in an active bankruptcy case, especially a Ch. 13, there is an automatic stay of any actions against the property of the debtor's estate and/or the debtor, to collect a debt.

In order to proceed with a foreclosure case in a non-bankruptcy court, the foreclosing creditor must...
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3 Answers | Asked in Bankruptcy and Foreclosure for Kentucky on
Q: How do Stop A Foreclosure,When Miss A payment by Mistake when your in Chapter 13 Bankruptcy Program?
James L. Arrasmith
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answered on Nov 5, 2023

If you've missed a mortgage payment by mistake while in a Chapter 13 bankruptcy, it is critical to address the issue promptly:

1. Contact your bankruptcy attorney immediately to discuss the situation. They can provide guidance specific to your case and may be able to negotiate with the...
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2 Answers | Asked in Bankruptcy for Kentucky on
Q: Can a creditor of unsecured credit card debt file an adveseral proceedings against me? I have never filed for bankruptcy

Do creditors file adveseral proceedings against debtors who are behind to discourage someone filing bankruptcy

James L. Arrasmith
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answered on Nov 5, 2023

Creditors of unsecured credit card debt typically do not file adversarial proceedings if you have not filed for bankruptcy. Adversarial proceedings are part of the bankruptcy process, where a creditor challenges the dischargeability of a debt. If you're behind on payments, creditors may... View More

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: Bankruptcy and buy now pay later

I have filed bankruptcy but forgot to list my buy now pay later contracts. Should I tell my lawyer about those? Also, are those considered credit?

James L. Arrasmith
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answered on Nov 5, 2023

You should inform your lawyer about all debts and financial obligations, including "buy now, pay later" contracts. These contracts are typically considered credit agreements and should be disclosed in your bankruptcy filing. Failure to list all creditors can result in some debts not being... View More

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