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Mississippi Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Mississippi on
Q: If the deadline to file a government claim is 01/23/24 can the us department of education file a claim a month after

the deadline has passed in a chapter 13 bankruptcy

James L. Arrasmith
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answered on Feb 24, 2024

No, if the deadline for a government agency like the Department of Education to file a claim in a Chapter 13 bankruptcy case was January 23, 2024, then generally the Department would be out of luck if they failed to meet that deadline and tried to file a month later.

In bankruptcy,...
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2 Answers | Asked in Bankruptcy, Foreclosure and Banking for Mississippi on
Q: If a car is returned to the bank, can they take social security money in a checking account?

The vehicle has more owed than value, the bank account only receives money from social security which is only source of income.

James L. Arrasmith
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answered on Jan 3, 2024

If you return a car to the bank and still owe money on it, the bank may try to recover the remaining debt. However, Social Security funds generally have protections against most types of garnishment.

Under federal law, Social Security benefits are protected from garnishment for most debts....
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2 Answers | Asked in Bankruptcy, Foreclosure and Banking for Mississippi on
Q: If a car is returned to the bank, can they take social security money in a checking account?

The vehicle has more owed than value, the bank account only receives money from social security which is only source of income.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 3, 2024

Social security benefits are generally exempt under most if not all state laws, so general creditors cannot use the court systems to capture your benefits.

Most banks are federally chartered, or are insured by the FDIC, and because of that, tend to comply with federal law and requirements....
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2 Answers | Asked in Bankruptcy for Mississippi on
Q: AGREED ORDER SUSTAINING OBJECTION TO EXEMPTIONS can anyone tell me what this means thanks

Based on Debtors’ Schedule A/B and valuation of $120,000.00

placed on the subject real property and, based on Claim #21 in the

amount of $37,739.40 filed by Bank of Commerce evidencing a deed of

trust lien on said property, it appears to the Court there is approximately... View More

James L. Arrasmith
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answered on Nov 27, 2023

An "Agreed Order Sustaining Objection to Exemptions" typically means that there was a challenge to the exemptions claimed by the debtors in their bankruptcy case, and the court has issued an order regarding this objection. In this context, it appears that the court has recognized that... View More

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: I file bankruptcy on the judgment against me for an accident I had him a boyfriend's car who didn't have insurance

I received a ticket for no insurance but was it was thrown out in court because I did have insurance on my vehicle I defaulted on the bankruptcy payments and now my driver's license are suspended what are my options I am on disability now and then I'm unable to work

James L. Arrasmith
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answered on Nov 13, 2023

In Mississippi, if you defaulted on bankruptcy payments and now face a driver's license suspension, your options may be limited but are still viable.

First, consider speaking with a bankruptcy attorney to explore the possibility of reinstating or modifying your bankruptcy plan, taking...
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2 Answers | Asked in Bankruptcy for Mississippi on
Q: can they come pick my truck while i am in chapter 7 bankruptcy
James L. Arrasmith
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answered on Nov 5, 2023

When you file for Chapter 7 bankruptcy, an automatic stay immediately goes into effect. This stay prohibits most creditors from continuing with collection activities, which includes repossessing your truck. However, if the creditor petitions the court and obtains relief from the automatic stay,... View More

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: Currently in chapter 13. Can I be sued in small claims court for an issue outside of my bankruptcy case?

Did some minor repairs for a friend and they were not satisfied and wanted a refund.

Randall R. Saxton
Randall R. Saxton
answered on Jun 15, 2023

Yes, IF the claim arose after you filed for bankruptcy, it's called a "post-petition debt." A post-petition debt isn't subject to the authority of the bankruptcy court. You won't be able to rely on the automatic stay to stop them from pursuing the claim, and the debt from... View More

2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I purchased a small lot 40 by 115 and the seller did a quit claim deed in 2014 and if I file chapter 7 can they take

My husband and I bought this lot in 2014 and we have a quit claim deed can if we file chapter 7 can bankruptcy take it

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 20, 2023

A Chapter 7 bankruptcy trustee stands in the shoes of the debtor with respect to all assets of the estate.

The bankruptcy schedules require you, under penalty of perjury, to list all your assets.

The answer to your question is yes, the property, if it has equity value, can be sold...
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2 Answers | Asked in Bankruptcy for Mississippi on
Q: I loaned $15,000 to a friend who filed chapter 13.

She quit paying and didn’t tell me she filed. I found out too late to be added to bankruptcy. What’s the best way to get my money back? We signed a promissory note.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 11, 2023

A chapter 13 bankruptcy case can last up to five years from its filing.

You do not say when the bankruptcy was filed, nor when you discovered it.

Omission of a creditor, who does not learn of the case in timely fashion (i.e., before a Discharge is entered, etc.) is a huge risk by...
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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.
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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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4 Answers | Asked in Bankruptcy for Mississippi on
Q: Exemption for vehicles in a chapter 13 bankruptcy

Can someone please tell me what is the max allowed exemption for a vehicle in a chapter 13

Timothy Denison
Timothy Denison
answered on Dec 20, 2023

It varies from state to state and with federal exemptions.

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can anyone tell me what does this means

OBJECTION TO EXEMPTIONS ON AMENDED SCHEDULE C , the Chapter 13 Trustee (the “Trustee”), by and through

counsel, and objects to the Debtors’ claimed exemptions on Amended Schedule C (Dkt. #57) as

follows:

1. The $400.00 exemption claimed for the 55” flatscreen TV... View More

Timothy Denison
Timothy Denison
answered on Dec 18, 2023

If the context is accurate, it appears to say that you have claimed a $400 exemption for your tv when the appropriate exemption amount if $150. Check with your lawyer for more clarification.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I'm needing a judgement released from a piece of land. What is the easiest, cheapest way to get this done.

I do not have any income. Would filing chapter 7 work and can I do the paper work myself with success.

Timothy Denison
Timothy Denison
answered on Jul 12, 2023

You possibly could avoid the liens in bankruptcy but you really need a bankruptcy profession to handle for you. I would not be optimistic for your success doing it on your own.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: How can I get a pro bono Attorney to help me with judgement release and possibly bankruptcy if needed? Thank you
Timothy Denison
Timothy Denison
answered on Jul 12, 2023

Check with your local bar association or legal aid society. Both maintain lists of pro Bono and reduced fee attorneys.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: My chapter 7 bankruptcy was converted to a chapter 13 but I’m not gonna do the 13 my vehicle payment is current with

Capital one after it gets dismissed capital one will not try an get my vehicle if I chose to continue to make payments and they are current just want to make sure

Timothy Denison
Timothy Denison
answered on Jun 18, 2023

If you continue to pay as agreed and are current, you should not have any trouble just continuing to pay after dismissal.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I didn’t add my vehicles in a bankruptcy and choose to continue to make payments and my payments is current they cant

Take them if they’re current after my bankruptcy is dismissed

Randall R. Saxton
Randall R. Saxton
answered on Jun 14, 2023

If current payments have been accepted, under state law, the property cannot be repossessed.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can anyone tell me what this means thanks

AGREED ORDER EXTENDING DEADLINES FOR CASE TRUSTEE AND U.S. TRUSTEE TO FILE $727 COMPLAINTS AND MOTIONS FOR DISMISSAL FOR ABUSE

On ore tenus motion of the debtor(s) and the trustee in the above styled cause to extend the deadlines for filing § 727 complaints and/or a motion to dismiss for... View More

Randall R. Saxton
Randall R. Saxton
answered on Jun 7, 2023

The deadline for the trustee to file a complaint against you or a motion to dismiss for abuse has been extended. While not knowing the circumstances of your case, this is generally due to them not having enough information from you at the time of your 341 meeting to conclude the meeting.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: When the chapter 13 petition is over what will the bank require me to do about my conventional mortgage

Do I just continue to pay them or what will happen I’m just making sure they can take my home after the bankruptcy is over thanks

Randall R. Saxton
Randall R. Saxton
answered on May 25, 2023

You will just restart paying the bank directly.

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I have a conventional mortgage loan with the bank and they require you to refinance the home every 7 or 10 years

What will happen if I file a chapter 13 bankruptcy will they ask me to refinance or will they take my home

Timothy Denison
Timothy Denison
answered on May 25, 2023

They cannot ask you to refi or take your home if you file a chapter 13 petition.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I file chapter 13 bankruptcy can I add my home if it’s a conventional mortgage loan

I home is financed threw a bank with a convention loan how does this work if I file chapter 13 bankruptcy

Randall R. Saxton
Randall R. Saxton
answered on May 25, 2023

You can include your home in a Chapter 13 plan, and your payment remains the same. If you owe an arrearage, you can spread out and pay back the arrears over the life of the plan.

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