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Montana Bankruptcy Questions & Answers

1 Answer | Asked in Bankruptcy for Montana on

Q: Do i need a bankruptcy lawyer?

I received a summon letter form court on dec. 11 and i only have 20 days to answer it. i apply for legal aid but unfortunately they are close from the 20 to 28 of dec due to holidays. i really need advice right now but i don't have anyone to answer my questions. if i file for bankruptcy is this... Read more »

Andrew Bresalier answered on Feb 3, 2014

A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

1 Answer | Asked in Bankruptcy for Montana on

Q: Can a peson file bankruptcy strictly on medical bills?

Andrew Bresalier answered on Feb 3, 2014

A: When you file Bky everything is included. Everything you own and owe. Does not matter where it is owned; however, if your debt is outside the USA, you must include it, but it may still be collectable outside the USA. You can keep things, such as a mortgaged property via a Reaffirmation... Read more »

1 Answer | Asked in Bankruptcy for Montana on

Q: How do I find out if someone filed bankruptcy

Andrew Bresalier answered on Feb 3, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search.

2 Answers | Asked in Bankruptcy for Montana on

Q: Do I need a lawyer to claim Bankruptcy?

Andrew Bresalier answered on Feb 3, 2014

A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

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2 Answers | Asked in Bankruptcy for Montana on

Q: Do I need an attorney to file bankruptcy

Andrew Bresalier answered on Feb 3, 2014

A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

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1 Answer | Asked in Bankruptcy for Montana on

Q: What are the possible options of a debtor when receiving a Trustee's consent to creditors motion to modify stay?

Andrew Bresalier answered on Feb 3, 2014

A: The Trustee does not represent a Debtor. It is up to the Debtor to defend their own interests, so if you do not wish the Motion granted you should object.

1 Answer | Asked in Bankruptcy for Montana on

Q: Trying to find out when I filed for bankruptcy and when I can get it discharged.

Andrew Bresalier answered on Feb 3, 2014

A: Chapter 7 cases are generally discharged about two months after the Meeting of Creditors, unless there is property being collected from the Trustee. Chapter 13 cases are generally discharged about five years from the initial Plan payment. You can research your case by signing up for PACER, it... Read more »

1 Answer | Asked in Bankruptcy for Montana on

Q: Can a person put assets out of bankruptcy in a equity fund with certificates?

Andrew Bresalier answered on Feb 3, 2014

A: This can be viewed as a “Fraudulent Conveyance with the Intent to Defraud your Creditors” and/or “Conversion of an Unexempt Asset to an Exempt Asset in an Attempt to Defraud your Creditors”. In a Bky a Trustee can consider the transfer void and proceed against the property and/or the new owner.

1 Answer | Asked in Bankruptcy for Montana on

Q: Can ex spouse force payment of debt discharged in chapter 13

Andrew Bresalier answered on Feb 3, 2014

A: Equitable Distribution is Dischargeable; however, if the payment is in the “Nature of Support” it is not Dischargeable and you can be forced to pay.

1 Answer | Asked in Bankruptcy for Montana on

Q: Hired Montana attorney three years ago paid $2100. Nothing yet done on bankruptcy and he won't return calls.

Andrew Bresalier answered on Feb 3, 2014

Contact your respective state bar association and file a complaint.

1 Answer | Asked in Bankruptcy for Montana on

Q: MUST I HAVE AN OFFICIAL DISCHARGE OF BANKRUPTCY TO CLEAR MY CREDIT?

Andrew Bresalier answered on May 15, 2012

The Discharge does what it says: it discharges your liability. Once it is granted, a copy goes to all parties included in the case. The filing of the Bky will appear on your credit report for 10 years. A "Certified Copy" of the Discharge maybe required for certain things, such as when you sell... Read more »

2 Answers | Asked in Bankruptcy for Montana on

Q: Do i need a bankruptcy lawyer?

I received a summon from court on Dec. 11 i have within 20 days to answer it. i apply for legal aid services but due to hollidays they are close from the 20th to 28th of Dec. I am running out of time and i haven't talk to anybody for an advice. I just really need advice on what to do. I am thinking... Read more »

Kevin M Ryan answered on Dec 21, 2010

File a basic answer in court asap. Do the best you can to meet the filing deadline. This will cause the court to schedule a preliminary hearing or " pretrial" about 30-45 days later depending on the court. Find out this court date asap and make sure you appear. You will at least delay the... Read more »

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