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Mississippi Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Mississippi on
Q: if my chapter 13 case was dismissed today how long before my car is reposses
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 23, 2023

The time for appeal of a bankruptcy court order, to the US District Court, is ten days.

Most creditors will wait to take action for that time to appeal to expire before taking any action such as a repo of collateral that was part of the bankruptcy estate.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: Ch 7 2018. Mrtg Disch. I Cont to pay $1317/mo. How does this effect Ch 13 if i am able to file? CC/Personal Loan Debt
Randall R. Saxton
Randall R. Saxton
answered on Jan 11, 2023

If you are current on your mortgage, you can file a Chapter 13, if eligible, and continue to pay your mortgage directly to your lender.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can a garnishment be stop if I flie bankruptcy

They have already started taking money

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 7, 2022

I'm in PA, and here, once a creditor has executed on a judgment by issuing a writ, thereby "attaching" its judgment lien to specific personalty, e.g., your bank account, then that creditor enters your bankruptcy case, once you file, as a secured creditor. The claims of secured... Read more »

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: My car is going to be repossessed any day can I file emergency bankruptcy can I file online ? how fast can I get a stay
Timothy Denison
Timothy Denison
answered on Jul 29, 2022

Yes. You can file emergency. You can file online. Stay is automatic upon filing snd notice to creditor.

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1 Answer | Asked in Bankruptcy, Personal Injury, Traffic Tickets and Banking for Mississippi on
Q: Trying to get a lawsuit

Lawsuit on Greenville police department, Sheriff department and sexual harassment on ambulance driver

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 3, 2022

Unfortunately, without more information, there is not enough information to go on. I would highly recommend that you reach out to a lawyer to go over the facts and circumstances of your case, so that you can determine what can be done.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can I sue a creditor that keeps contacting me for payment after being notified the debt was included in bankruptcy?

I filed chapter 7 in 2019. A utilities provider has been contacting me for payment after I provided them with documentation showing their account was included in bankruptcy. It is my understanding this is illegal debt collection activity and I'd like to know if it would be beneficial to take... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 22, 2021

Until recently, any creditor who attempted to collect, by phone calls, statements by mail, or otherwise, any debt that was discharged in bankruptcy would almost certainly be sanctioned (made to pay money to the debtor) by the bankruptcy court.

Last year, the US Supreme Court revised that...
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2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can loans owed directly to an institution be discharged through bankruptcy if the accounts were sent to collections?

I filed chapter 7 in 2019. I included several loans that were owed directly to the institutions (not gov't backed like Navient/Sallie Mae). These accounts were turned over to collections prior to me filing bankruptcy and were sent a bankruptcy notice. Am I still on the hook for the balances?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 22, 2021

It's the nature of the claim itself, and not who holds the claim, at the time of the bankruptcy filing, that determines how it will be handled in the bankruptcy. Claims being pushed by debt collectors are common, and just as commonly, are discharged in bankruptcy.

Certain types of...
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2 Answers | Asked in Bankruptcy for Mississippi on
Q: Yes I need help with personal loans bankruptcy what kind of lawyer do I need
Anna L Self
Anna L Self
answered on Oct 4, 2021

Most bankruptcy lawyers provide a free consultation. I would start there.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: Do I have to file my husband income if we not together but live in the same house if I file chapter 7.
Randall R. Saxton
Randall R. Saxton
answered on Sep 20, 2021

Yes, you must include his contributions to the household.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: I filed Chap. 7 four yrs ago and now looking to file Chap. 13 am I required to pay back all credit card debt?

Or can some of it still be discharged?

Randall R. Saxton
Randall R. Saxton
answered on Jul 27, 2021

If it has been more than 4 years since you filed your Chapter 7, you are now eligible for a discharge in a Chapter 13. The portion of your unsecured debt that you will repay in a Chapter 13 will dependent upon your actual current income and expenses.

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2 Answers | Asked in Bankruptcy and Lemon Law for Mississippi on
Q: Bankruptcy and a repo

My vehicle was repossessed. I want to file emergency ch 13 and get it back

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jul 6, 2021

You'd better move quickly! You may need to pay the repossession charges, depending on the procedure in your district.

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1 Answer | Asked in Bankruptcy and Car Accidents for Mississippi on
Q: I’m in a chapter 13 and was involved in a car accident. My car was a total loss . Is there anyway I would be able to

Get the check for the insurance to get another since I’m paying for the car in the bankruptcy ? Since no one will give me a loan to get a car because my credit is low the first thing that shows up is the ch. 13 bankruptcy so it’s an automatic no. Or is there any option out there for someone in... Read more »

Timothy Denison
Timothy Denison
answered on May 29, 2021

You will have to let the trustee know and get permission from the court before you can receive the proceeds to buy a new car.

2 Answers | Asked in Bankruptcy, Business Law and Mergers & Acquisitions for Mississippi on
Q: What happens to business debt if I buy a company for less than the company owes?

Owner of business wants to sell company and business assets to me. Business debt is greater than asking price. Asking price takes care of owners personally guaranteed debt, and there would still be $80,000 in an outstanding EIDL loan. Would I be inheriting the debt with the company? Or should I... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 15, 2020

I pracrice in PA, but almost all states have some version of what's also called a Bulk Sales Law, and by that law, a debtor cannot sell all, or a substantial portion, of his business assets and leave creditors hanging, so the law provides that the debt follows the assets. Even where a state... Read more »

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3 Answers | Asked in Bankruptcy for Mississippi on
Q: I filed chapter 13.My hearing is in 3 weeks. Thing is I don't want to pay 5 yrs....can I change my mind.what will happen
Randall R. Saxton
Randall R. Saxton
answered on May 12, 2020

Section 1307(b) states that on request of the debtor at any time… the court shall dismiss a case under this chapter.

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can I keep my one rental property (only income source) and my home in chapter 7 bankruptcy?

I own two home. One I use as a rental property for income and it is my only source of income. I also own a house with my husband that we live in. Can I keep both? Not a joint filing, only me. My name is on the mortgage for one house and his on the mortgage for the other. But both of our names are... Read more »

Timothy Denison
Timothy Denison
answered on Apr 4, 2020

Depends on the value and how much equity you have in the houses. You should consult a bankruptcy attorney to guide you through this.

3 Answers | Asked in Bankruptcy for Mississippi on
Q: I have 15,000 in medical bills, no credit card, vehicle is fully owned, no other loans or bills. Can I file bankruptcy
Randall R. Saxton
Randall R. Saxton
answered on Feb 18, 2020

Yes, if you qualify, dependent upon the Chapter of bankruptcy.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: can a lender foreclose a home in your name if it was discharged in bankruptcy court 2 years prior?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 21, 2019

Yes, they can foreclose on the Property, but they may not get a judgment against you personally (unless you Reafffirmed) and may not get a deficiency judgment against you

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2 Answers | Asked in Bankruptcy and Divorce for Mississippi on
Q: If in chapter 13 jointly with your wife and you get a divorce can you file chapter 7 legally?
Clark Dray
Clark Dray
answered on Sep 26, 2019

You'll need to talk to your attorney (or get one if you don't already have one. In many jurisdictions, but not necessarily MI, the first step would be to bifurcate (split in two) your chapter 13 case. Then you and your wife have separate cases. At that point, your attorney can seek to... Read more »

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1 Answer | Asked in Bankruptcy and Traffic Tickets for Mississippi on
Q: In Mississippi are speeding tickets considered a civil penalty? If so would it be possible to include one in a chapter?

Chapter 7 Bankruptcy , civil traffic fines

Dalton Middleton
Dalton Middleton
answered on Sep 8, 2019

A traffic ticket is not dischargeable in a Chapter 7 bankruptcy.

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