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Maryland Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Maryland on
Q: Hello, I'm considering bankruptcy and I'd like a consultation about my financial situation. -Melanie
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 5, 2024

Law school students and recent law school grads, are primarily trained to look backward, about known facts, to spot and resolve legal issues; the more experienced lawyers certainly do that, but their more valuable skills are to assist a client to plan future behavior and events.

Moreover,...
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1 Answer | Asked in Bankruptcy, Contracts, Arbitration / Mediation Law and Banking for Maryland on
Q: Can my car lease be repossessed from defaulting on a unsecured credit card within the same bank?

I am looking into joining a debt relief program and before doing so, I am concerned that not paying/defaulting one of my unsecured credit card debts that will be included in the program with Chase Bank will then cause them to repo my vehicle which is also a lease through Chase Bank. I also have a... View More

James L. Arrasmith
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answered on Jul 24, 2024

When you default on an unsecured credit card, it doesn’t automatically lead to the repossession of your leased vehicle. Typically, the repossession of a vehicle is associated with missed payments on the auto lease itself, not other unrelated debts. However, banks can cross-check their records,... View More

2 Answers | Asked in Bankruptcy for Maryland on
Q: I was in a chapter 7 was close to getting a discharge but then I got evicted on the day of my creditors meeting.

I wasn’t able to keep track of everything then my car got repossessed. I need to be able to get my car out is there any option? Can I reopen my case or file a 13? Dismissal was for getting the second part of the credit counseling in in time.

James L. Arrasmith
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answered on Jun 1, 2024

I'm sorry to hear about the challenges you're facing. You do have options to address your situation. One possibility is to file a motion to reopen your Chapter 7 case. You can explain the reasons for missing the second part of the credit counseling and request permission to complete it... View More

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2 Answers | Asked in Bankruptcy for Maryland on
Q: I was in a chapter 7 was close to getting a discharge but then I got evicted on the day of my creditors meeting.

I wasn’t able to keep track of everything then my car got repossessed. I need to be able to get my car out is there any option? Can I reopen my case or file a 13? Dismissal was for getting the second part of the credit counseling in in time.

James L. Arrasmith
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answered on Jun 1, 2024

I'm sorry to hear about the difficulties you're facing. It's crucial to understand that you have options, even after your Chapter 7 case was dismissed. One possibility is to reopen your Chapter 7 case by filing a motion with the bankruptcy court, explaining the circumstances that led... View More

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2 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: what is my Ex's financial responsibility, if any, to a debt i incurred 3 years after our divorce?

My wife and I get a divorce and I'm ordered to pay some alimony.

Three years later I'm in and out of psych wards depleting me to bankruptcy.

Is my wife legally responsible to any of my own debt or past/future expenses of

a psych ward or nursing home?

Would... View More

James L. Arrasmith
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answered on Nov 27, 2023

In general, after a divorce, each ex-spouse is typically responsible for their own debts incurred after the divorce decree is finalized. This means that debts you acquired three years after your divorce, including those related to medical or psychiatric care, would usually be your responsibility,... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: Can a postnuptial agreement or Divorce decree free a spouse from creditors collecting on the other spouses debt?

My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 21, 2023

If you file a Chapter 13 petition in the future, it includes a co-debtor automatic stay for claims "dealt with by the Plan".

Filing a bankruptcy does not create a liability in a non-filing spouse. If she is currently liable as a joint obligor, then she remains liable for that...
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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: Can a postnuptial agreement or Divorce decree free a spouse from creditors collecting on the other spouses debt?

My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.

Martha Warriner Jarrett
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answered on Nov 22, 2023

It depends on where you live. If Maryland is a community property state, then you are both equally liable on all debts incurred during the marriage, regardless of whose name is on the contract. Although a post-nuptial agreement or divorce decree can assign responsibility to one spouse or the other... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: Can a postnuptial agreement or Divorce decree free a spouse from creditors collecting on the other spouses debt?

My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.

James L. Arrasmith
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answered on Nov 27, 2023

In Maryland, a postnuptial agreement or a divorce decree can define financial responsibilities and liabilities between spouses, including those related to debts. If properly drafted and executed, these agreements can clarify that your wife is not responsible for your debts incurred after the... View More

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1 Answer | Asked in Bankruptcy for Maryland on
Q: If your application to have Chpt.7 filing fee waived is denied when you file your Chp7. petition/case, how long do ...

... you have to make the first of the installment payments? AND, just want to make sure that either way the case is indeed filed and you receive a case number when you file regardless if you are requesting the waiver or not. OR do they only officially file the Chpt.7 petition AFTER a decision has... View More

James L. Arrasmith
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answered on Nov 5, 2023

When you file for Chapter 7 bankruptcy and your application to have the filing fee waived is denied, the bankruptcy court typically allows you to pay the filing fee in installments. The court will set a schedule for these payments, and generally, the first installment is due approximately 30 days... View More

3 Answers | Asked in Landlord - Tenant and Bankruptcy for Maryland on
Q: Just filed Chpt7 and received case #, etc. but have eviction case on Monday. How do I present district court with injunc

I need to let the Dist. Court know that I have filed for Chapter7 and halt the proceeding (eviction hearing) that is on Monday. I was told I could call in with the BR case # once filed. But the DC is now saying I need to file something with my DC case # and the BR case #, but could not tell me... View More

Martha Warriner Jarrett
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answered on Nov 3, 2023

TODAY, call the landlord's atty and give them the case number. This is really a state court question, but if you have something with the DC caption on it, make a copy of it, title it "Notice of Bankruptcy Filing" and attach a copy of the Bankruptcy Court notice of filing that's... View More

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4 Answers | Asked in Bankruptcy, Business Law and Government Contracts for Maryland on
Q: Filing Chpt.7 BR. Don't know how to answer "are debts primarily consumer or business debts" as is 50/50 with SBA EIDL.

Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz.

1) I do not know how to answer the question as to whether I haver primarily consumer debt or... View More

Martha Warriner Jarrett
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answered on Nov 1, 2023

The question of consumer vs. business debt does not really determine anything (just for statistical purposes of how many consumer cases vs. business cases are filed). My recommendation would be to check the consumer box. No, it is not possible that the SBA has forgotten you. And no, you cannot not... View More

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2 Answers | Asked in Bankruptcy for Maryland on
Q: If you file a fee waiver or installment app. for a Chpt7., does that delay the filing of the petition?

If you are filing a Chapter 7 BR petition and you file an application to have the filing fee waived, would you have to wait for a decision and then the Chapter 7 filing would not go through at that same day?

Same question for application for the fee in installments? And do you just need... View More

Martha Warriner Jarrett
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answered on Oct 31, 2023

Filing an application for a fee waiver or, in the alternative, installment payments will not delay the filing of your bankruptcy petition. At least where I'm located (Central District of California), the clerk will review your petition to make sure it's complete, then forward the... View More

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3 Answers | Asked in Bankruptcy for Maryland on
Q: Which forms (barebones/minimum) are needed to file Chpt.7 BR myself? (Plan to obtain an attorney in coming weeks.)

I have to file Chpt.7 this week, and I need to make the initial filing myself and then am hiring an attorney in the coming weeks to go over what I have filed and submit any addendums that are required. What are the bare-bones/minimum forms I need to file in order to have a valid petition? I... View More

Martha Warriner Jarrett
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answered on Oct 31, 2023

Go to your local Bankruptcy Court's website (www.uscourts.gov) and look under debtor's chapter 7 petition forms for emergency filing (it differs from court to court so I can't give you an answer without more info). Basically, you have to file a petition, credit counseling statement,... View More

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for Maryland on
Q: Filing Chapter 7 in MD this week. I also have an eviction (rental) hearing next Monday. Question on letting court know

Once filed, how do I let the District Court know that I filed for bankruptcy so that the hearing does not proceed on Monday, Nov. 6th? (As of course, once you file for Chapter 7 bankruptcy, there is an automatic stay/injunction.)

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 31, 2023

Assuming you have the Clerk's/Court's contact info from your Notice of the eviction case, the quick way is to telephone the Court/Courtroom Deputy, during working hours, and provide the name of your bankruptcy court, with the Bankruptcy Case No., and date of filing. A more reliable way... View More

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1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for Maryland on
Q: I need to get into my recently foreclosed house to get my belongings. Wife lives there. We are separated.

My wife is not co-operating. Do I need a lawyer? Do I need to talk to police? I don't want to lose my belongings.

Timothy Denison
Timothy Denison
answered on Jun 28, 2023

Make a motion in your divorce case for leave to get your personal items.

1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on
Q: I filed a Chapter 7 bk in 20'. Bank never picked up, sold home now some stranger harassing me for it. Could I buy title?

Car needed approx 5k in repairs. The BK lawyer advised Chase they could come and get. Bank never came, 6 months later house was sold, we had to move. Chase never picked up car after they were advised to do so twice. I still had a title and my taks and insurance on it, so I couldn't leave auto... View More

Daniel Staeven
Daniel Staeven
answered on May 12, 2023

There is some good news and bad news in this situation.

If you never paid the remaining balance due on the car, you do not own the car and the lien on the car remains with the lender. The good news, however, is that you are not responsible for any of the debt associated with the car...
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2 Answers | Asked in Bankruptcy for Maryland on
Q: I recently had a repossession on my car I decided to file bankruptcy to obtain the automatic stay. When I presented th….

I recently had a repossession on my car I decided to file bankruptcy to obtain the automatic stay. When I presented the automatic stay to my creditor they informed me that I would have to get the 13 plan in before they can release my car to me. Is that an accurate statement? How do you fill out the... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 10, 2023

Under very recent US Supreme Court opinions (thanks Justices Thomas, Alito et al.), a vehicle-secured lender (already under special bankruptcy code protections against modifcation of a finance done within 2 years and 9 months of the bankruptcy filing date), now enjoys a further right to demand... View More

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1 Answer | Asked in Bankruptcy for Maryland on
Q: If I filed bankruptcy and I have an automatic stay does my creditor Carmax have to return my car if it was repossessed?
Timothy Denison
Timothy Denison
answered on May 5, 2023

If the car was repoed before the filing, they do not have to return it but if it was repoed after the filing, they must return te car to you.

1 Answer | Asked in Bankruptcy and Tax Law for Maryland on
Q: Should you file jointly or separately for taxes when one of the spouses has Chapter 13 bankruptcy?

I have done my taxes both jointly and separately-

Jointly the total refund = $3063, Separately: Spouse #1: $1100 refund and Spouse #2/Debtor: $950 refund

I see in the Chapter 13 Plan- that if I "file jointly Debtor may retain $1500"- is that of the total $3063 or do... View More

Timothy Denison
Timothy Denison
answered on Apr 9, 2023

File separately.

1 Answer | Asked in Consumer Law, Small Claims and Bankruptcy for Maryland on
Q: How can I stop a garnishment (auto loan) that is causing me a hardship and the court is 3 hours away from me.

I've requested contact from the court nothing, explained the distance issue and that I brought the vehicle 20min from my home. What can I do?

Timothy Denison
Timothy Denison
answered on Mar 27, 2023

File a challenge to the barn. Hire a lawyer in that town to handle for you. File bankruptcy where you are.

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