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Maine Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Maine on
Q: What are my options for getting out of this cosign situation?

I cosigner a car loan a few years ago with my girlfriend at the time. We broke up, and she refused a pay it, and has been on the run to stop ot from getting repossessed. I can't afford to pay it. What are my options? I live in maine.

Timothy Denison
Timothy Denison
answered on Nov 26, 2022

Find the car, repossess it if your name is on it, then sell it and pay the proceeds on the loan. There’s really no other way for you to get out from paying its. If your name is not on the title, then you’ll need to sue her to resolve this.

1 Answer | Asked in Bankruptcy and Collections for Maine on
Q: Can a debt collector leave a detailed voicemail on someone else’s phone, who is not a family member or spouse?

The debt collector said “this message is for *my name* if this isn’t *my name* please disconnect.” However, you can see the full message with visual voicemail and who would actually stop listening to a voicemail left on their phone. Then they stated their name, that they are attempting to... Read more »

Timothy Denison
Timothy Denison
answered on Nov 11, 2022

No. They cannot.

1 Answer | Asked in Bankruptcy for Maine on
Q: I have 7 months left on my bankruptcy. I recieved an email saying it is getting changed to 21 months

The email stated " apparently the unsecured claims add up to more than what the plan provides, and they just realized it. In addition, there is also not sufficient funds to pay our fees to date. We will need to do an amended plan to get things paid as needed. With the additional claims/fees... Read more »

Timothy Denison
Timothy Denison
answered on Aug 2, 2022

It is both normal and legal and happens all the time. Plan payments are routinely amended every day across the country.

1 Answer | Asked in Bankruptcy, Constitutional Law, Domestic Violence and Legal Malpractice for Maine on
Q: Invalid prenup became valid in retaliation of reporting fraud by attorney.

My first attorney verified to the Overseers of the Bar our prenup was invalid and I lost the benefit reporting him for writing a handwritten order with my signature forged on it, which gave my husband, defendant full control of our finances.

Timothy Denison
Timothy Denison
answered on Jul 17, 2022

What is your question?

2 Answers | Asked in Bankruptcy, Contracts and Real Estate Law for Maine on
Q: If i bought a house through the bank with installments can the bank sell it to brokerage company ?

And is it legal for the brokerage company to ask for higher price than i bought it from bank

Timothy Denison
Timothy Denison
answered on Aug 28, 2019

Not without foreclosing if the deed is in your name.

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2 Answers | Asked in Bankruptcy for Maine on
Q: Is there any way to recover rent owed from a tenant that's filed for bankruptcy?
Fred Bopp III
Fred Bopp III
answered on Nov 9, 2018

Under certain circumstances, yes, but I would need more facts to give you a more specific response.

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2 Answers | Asked in Bankruptcy for Maine on
Q: I'm on ss disability, I took out a signature loan. bankruptcy or singe off?

Would the cort de able to take money from my SS?

Nels Hansen
Nels Hansen
answered on Dec 10, 2017

Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or another legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for... Read more »

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2 Answers | Asked in Bankruptcy for Maine on
Q: would A government student loan be included in bankruptcy or I can’t file bankruptcy on a government loan?

I have a student loan for around 10,000 and I can’t afford to pay it. I couldn’t finish online school because I moved to make sure my kids were safe from mold and I couldn’t get internet for almost 3 weeks after we moved and I called the school and told them and they wouldn’t help me and... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Nov 29, 2017

Federally backed student loans are not dischargeable in bankruptcy, unless you can prove hardship (which has a high threshold that you don't seem to meet). Most likely, you would still owe this debt after a chapter 7 bankruptcy case. You should speak to a local bankruptcy attorney to confirm this.

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1 Answer | Asked in Bankruptcy for Maine on
Q: I was in a chapter 13 bankruptcy from 2009 to save my house but ended up surrendering my house due to illness and cuttin

Down my work hours I had a court order to move out by August 31 2011 I did in march of 2013 I called wells Fargo to tell them the fence was down and a pool was in the yard and kids were playing there they informed me it was my problem the house was mine and we ended up doing a modification when I... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Oct 25, 2015

To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney. Good luck.

1 Answer | Asked in Bankruptcy for Maine on
Q: Loss of spouse's income. no longer able to meet morgage/auto/utility bills. In this situation now for several years.
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 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... Read more »

2 Answers | Asked in Bankruptcy for Maine on
Q: Boyfriend lost house in divorce but his name is on loans & her car loan. Should he list all of this on his chapter 7?
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

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1 Answer | Asked in Bankruptcy for Maine on
Q: Can I file for bankruptcy even if I have substantial cash, and how do I find a bankruptcy attorney?

I run a small business and cannot keep the doors open. But I do have a lot of cash in an account, just not enough to pay bills.

Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

To find an attorney you should contact your county or state bar association. Owning a business, which has a regular cash flow is not a bar to filing a bankruptcy.

2 Answers | Asked in Bankruptcy for Maine on
Q: I was granted chapter 7 in 1999 and found out recently that a lien on joint owned property was not cleared how do i clea
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

A: That was a very long time ago. I would strongly suggest you: (1) speak with a malpractice attorney and (2) speak with an experienced bankruptcy attorney about the possibility of reopening your case, or filing a new one and doing a 522F Motion.

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1 Answer | Asked in Bankruptcy for Maine on
Q: I want to know if I can file bankruptcy with only my student loans due to financial hardship?
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

Student loans, regardless of the source are generally not dischargeable in bankruptcy. There are rare circumstances when then can be discharged in bankruptcy, but it involves the filing of an expensive secondary action involving issues which can be more affordably addressed with most lenders... Read more »

1 Answer | Asked in Bankruptcy for Maine on
Q: I filed bankruptcy chapt.7 in 2002 and need to file again, 2013. Can I do this?
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

Seven years must pass between the filing of Chapter 7 cases. The dates are counted from Filing Date to Filing Date, not Discharge/Discharge. Based upon the years provided, it has been approx 9 years, so you can refile.

1 Answer | Asked in Bankruptcy for Maine on
Q: I am filing Chapter 7 pro se. I want to ask the court to discharge my student loan. What form and format would I use?

I know "undue hardship" must be cited. Do you have any sample forms? How and where is the request included in/with the petition? I'm in state of Maine.

Andrew Bresalier
Andrew Bresalier
answered on Nov 28, 2011

Undue Hardship alone is not sufficient. Student Loans are pretty much NOT Dischargeable. However, US Dept Ed does provide for a forgiveness program due to disability. The degree of disability is much, Much, MUCH GREATER than Social Security Disabled. To be frank, we're talking about a your... Read more »

1 Answer | Asked in Bankruptcy for Maine on
Q: If my daughters house is forclosed on & her name is on my deeds will I be held responsible for her debt?
Andrew Bresalier
Andrew Bresalier
answered on Nov 14, 2011

If there is a deficiency after the sale of your daughter's property, potentially, it could become a lien against the jointly held real property. Depending on the specific exemptions in your state, you could loose your home, should the Plaintiff chose to levy. I would suggest you speak with... Read more »

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