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Mississippi Bankruptcy Questions & Answers
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
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.

1 Answer | Asked in Bankruptcy and Consumer Law for Mississippi on
Q: I believe the statutes of limitations on delinquent credit card debt in Mississippi is 3yrs. When does that 3yrs, start

Is it from the date of the last payment made on the account or does it start 180 days after the last payment made on the account

Randall R. Saxton
Randall R. Saxton answered on Aug 7, 2019

The statute of limitations starts on the date of last activity on your account. This could be the date you last made payment, but it could also be the date you last used the account, made a promise to pay, entered a payment agreement, or acknowledged liability for the debt.

1 Answer | Asked in Bankruptcy and Small Claims for Mississippi on
Q: I need assistance filing a motion to Lift a Stay for post-petition debt.

We have a judgment against a person who was already in bankruptcy when she incurred the debt with us.

Timothy Denison
Timothy Denison answered on Jul 24, 2019

There are any number of forms online that you can use as a template for the motion.

1 Answer | Asked in Bankruptcy, Contracts and Collections for Mississippi on
Q: Medical bill from 2014. I have been making payments. They just added a charge from October of 2014 to my acct.

Bill was 317.40 as of 2/15. I have made 2 $50 payments since then and my bill from 3/14 shows a balance of 473.40 with a new charge of 164.99 from 10/2014.

Timothy Denison
Timothy Denison answered on Mar 20, 2019

What is your question?

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can a husband or wife legally file bankruptcy without the other knowing about it in the state of MS.?

It would seem to me that both signatures are required since a bankruptcy would affect both people in the marriage. Is it legal that my husband is doing this? He will not disclose the attorney to me so that I can ask.

Timothy Denison
Timothy Denison answered on Mar 15, 2019

A spouse does not have to include the other spouse in a bankruptcy, regardless of whether that is a good decision.

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: My wife is seeking divorce an we just filed chapter 13 bankruptcy how will that be taken care of

Our house an vehicles are in the bankruptcy will the bankruptcy be nulled an all assets be taken back or can we just start paying the notes again

Timothy Denison
Timothy Denison answered on Feb 5, 2019

Ideally, you should consult a lawyer who practices both in divorce and bankruptcy. As to how to proceed. Certain actions are prohibited and certain actions are not.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I need help in finding legal aid to file for bankruptcy

I am unemployed.

Timothy Denison
Timothy Denison answered on Nov 29, 2018

Contact your local bar association or local legal aid society. They will assist you.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: My disposable income will change on Jan 1 for three years. How/when do I file? Will trustee take changes into account?

Live in government run retired military home (Armed Forces Retirement Home – independent agency of the Executive branch). Announced a HUGE fee increase. Fees to go from $1458 to $3054 a month. Aggressive letter writing campaign – Congress ordered three years phase in. (Ordered by law – in the... Read more »

Timothy Denison
Timothy Denison answered on Nov 23, 2018

You lost it in your petition and explain the increases. The trustee will take it into account.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I've filed for chapter 13 and have been paying on it for over two years. I kept my vehicle but would like to sell it or

trade it in. Can I and how would I do that?

Timothy Denison
Timothy Denison answered on Sep 29, 2018

You need to get permission to do that from the court.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Will my pension be considered an asset if I file for bankruptcy?
Timothy Denison
Timothy Denison answered on Jun 4, 2018

Yes. However, you may protect it by using one of your exemptions for certain property.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Recently gave a house I owned to daughter. I still own my residence with a loan on I can repay

I just have another personal loan i just cannot pay it has no Collateral. my car is paid for as well as all my credit cards i am a widow with VA check benefits on my deceased spouse who i get benefits on related to agent orange in Vietnam. Can I still keep my Veterans benefits and able to file... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Apr 9, 2018

The VA benefits are not an issue. However, your giving the home to your daughter is an issue, and a trustee may be able to sell the property to pay your creditors.

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Family Law and Bankruptcy for Mississippi on
Q: if being sued for restitution of medical bills can u file bankrupecy to keep from paying restitution
Baskin Lowber Jones
Baskin Lowber Jones answered on Mar 20, 2018

Medical bills should be dischargable in bankruptcy. Consult a Jackson Bankruptcy attorney.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I was wondering if I filed chapter 13 bankruptcy could a loan company repo the collateral that was used for the loan
David Earl Phillips
David Earl Phillips answered on Mar 10, 2018

Your chapter 13 plan may be able to avoid the lien on the property or provide for treatment of the items as secured. Either way, you should be able to keep the collateral. See a bankruptcy lawyer near you and they will be able to determine your best options. Hope it works out. Good luck!

1 Answer | Asked in Bankruptcy and Child Support for Mississippi on
Q: What can I do if my Ex and his wife filed a chapter 13 which has stopped my accrued child support payments significantly

The last payment from garnishment was in June 2017. I was told by the trustee that after I filed my proof of claim I would receive retroactive payments on the first check. I received the first check in December 2017 without the full retroactive amount. The second payment came in January 2018. I was... Read more »

Robert Gambrell
Robert Gambrell answered on Feb 20, 2018

You should contact the MS Department of Human Services, Child Support Collection Division to determine if you can get free assistance with the collection of child support.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I am supposed to pay a bill by the end of the month to an attorney can I still file bankruptcy and stop that?
Robert Gambrell
Robert Gambrell answered on Feb 20, 2018

Assuming that the bill is a payment on a debt for previous work performed the lawyer, the automatic stay that will go into place once you file for relief under the bankruptcy code will preclude any collection activity except for some types of collection for child support or alimony and collection... Read more »

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