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Pennsylvania Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My wife has file bankruptcy. She paid an attorney up front. After 4 months, they've done nothing. What should she do?

This seems a long time for no action. They just keep saying they are busy.

Martha Warriner Jarrett
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answered on Feb 27, 2024

Has she given them all the paperwork that they asked for? If not, she needs to provide them with everything. Next, she should ask how long it will take until it is ready to file. If you think it's taking too long, she can ask for her money back and hire another attorney. However, she should... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My wife has file bankruptcy. She paid an attorney up front. After 4 months, they've done nothing. What should she do?

This seems a long time for no action. They just keep saying they are busy.

James L. Arrasmith
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answered on Mar 4, 2024

Experiencing delays in a legal process, especially one as significant as bankruptcy, can be incredibly stressful. If your wife has already paid for services that have not been rendered within a reasonable timeframe, it's crucial to address this issue directly with the attorney or their firm.... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: what is a wildcard exes in chapter 13 in Pa
James L. Arrasmith
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answered on Feb 25, 2024

In the context of a Chapter 13 bankruptcy in Pennsylvania, a "wildcard exemption" refers to a provision under bankruptcy law that allows you to protect a certain amount of any property you own, as opposed to specific categories of property like a home or vehicle. This exemption is... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: what is a wildcard exes in chapter 13 in Pa
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 25, 2024

I mostly agree with my California colleague, except that in PA, we can choose either that PA exemptions, or the Federal exemptions, but NOT both, or a mix of both, and the "wildcard" exemption is a Federal benefit.

In short, it's available to those who do not use it entirely...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: As a renter filing Chapter 7, can I claim the unused portion of the homestead exemption of $13,950 and apply to autos?

This question applies, of course, to the Federal Exemption Schedule amounts.

James L. Arrasmith
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answered on Feb 24, 2024

No, as a renter filing for Chapter 7 bankruptcy you cannot claim any portion of the homestead exemption or apply it towards other assets like autos.

The homestead exemption under federal bankruptcy exemptions (11 U.S.C. § 522) is intended only for equity in an individual’s primary...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How long does it take to complete a bankruptcy process? And can one travel outside the country during the process?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 11, 2024

There are different forms/"Chapters" of bankruptcy, e.g., for an individual, primarily a Ch. 7 ("liquidation", other than exempt property) and Ch. 13 (commonly, a "Wage earner's plan").

A Chapter 7 case, without "wrinkles", can take three to four...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How long does it take to complete a bankruptcy process? And can one travel outside the country during the process?
James L. Arrasmith
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answered on Feb 24, 2024

The timeline for completing a bankruptcy process can vary, but generally:

Chapter 7 Bankruptcy:

- Takes 3-6 months to complete the overall process.

- Can travel internationally once the case is filed, with a couple caveats:

1) The meeting of creditors (341 hearing)...
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3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

Martha Warriner Jarrett
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answered on Feb 11, 2024

Obligations arising out of a divorce judgment are mostly non-dischargeable so he should not be able to get away with what you describe. You should consult a local bankruptcy attorney who can advise you on your particular situation and, if you want, represent you in challenging his bankruptcy. Most... View More

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3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

James L. Arrasmith
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answered on Feb 22, 2024

In bankruptcy proceedings, certain debts can be discharged, meaning the debtor is no longer legally required to pay them. However, not all debts are easily discharged in bankruptcy. Debts arising from domestic relations orders, such as child support, alimony, or other divorce-related obligations,... View More

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3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

Peter Christopher Lomtevas
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answered on Mar 10, 2024

With all due respect for the victim asker, all of what she provides is wholly irrelevant to the former husband's contempt of the divorce agreement if that agreement was so-ordered and made an order of the court.

In Pennsylvania, the applicable law would be Rule 140B, Contempt Not in...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: In PA, if I have two car loans and file chap 7 can i keep one of the vehicles?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 16, 2024

If you have no other property, yes, you can keep both cars with the Federal exemption for equity in autos, plus the catch-all exemption, unused by any realty. There are other Fed exemptions that may cover your clothing, furniture, pc, etc.

That said, your questions strikes me as too...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: In PA, if I have two car loans and file chap 7 can i keep one of the vehicles?
James L. Arrasmith
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answered on Jan 23, 2024

In Pennsylvania, when filing for Chapter 7 bankruptcy, whether you can keep one of the vehicles with a loan depends on several factors. Chapter 7 allows for the discharge of certain debts, but it also involves liquidation of assets to pay creditors. Your ability to keep a financed vehicle depends... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Will debt follow you overseas?

I retired in poor health and my wife and I moved overseas leaving behind 133k in consumer debt we can never pay back regretfully. All I have is my small government pension (Fers) and my wife has no income at all. I know the debt collectors are preparing to sue us based on our mail we get from the... View More

James L. Arrasmith
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answered on Nov 5, 2023

If you are living overseas and considering whether to address the consumer debt left in the United States, here are some considerations:

1. Debt can sometimes be enforced across borders, depending on the country and the creditors' resources and determination.

2. Federal...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Will debt follow you overseas?

I retired in poor health and my wife and I moved overseas leaving behind 133k in consumer debt we can never pay back regretfully. All I have is my small government pension (Fers) and my wife has no income at all. I know the debt collectors are preparing to sue us based on our mail we get from the... View More

Timothy Denison
Timothy Denison
answered on Oct 7, 2023

Stay out snd don’t do anything until and unless someone finds you and serves you, which most likely will never happen. If it does, then you may want to come home and file bankruptcy bc most of your assets listed appear to be exempt.

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3 Answers | Asked in Bankruptcy, Small Claims and Collections for Pennsylvania on
Q: Do I need to file bankruptcy in order to apply federal exemptions to a default judgment against me on an unsecured loan?

I'm a disabled resident of Bradford County on SSDI with no other source of income. I own a car worth $14k that I purchased outright using my disability benefits and I have personal belongings within my rented apartment, but hold no real significant value. A creditor is currently suing me for... View More

James L. Arrasmith
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answered on Sep 8, 2023

You can indeed assert exemptions to protect certain assets from creditors, even outside of bankruptcy. While SSDI income is generally protected from garnishment, creditors might still attempt to seize assets such as your car or personal belongings to satisfy the debt; however, you can claim... View More

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3 Answers | Asked in Bankruptcy, Small Claims and Collections for Pennsylvania on
Q: Do I need to file bankruptcy in order to apply federal exemptions to a default judgment against me on an unsecured loan?

I'm a disabled resident of Bradford County on SSDI with no other source of income. I own a car worth $14k that I purchased outright using my disability benefits and I have personal belongings within my rented apartment, but hold no real significant value. A creditor is currently suing me for... View More

David Kennedy Bifulco
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answered on Sep 3, 2023

For Federal Exemptions to apply you would need to be in Federal Court. Pennsylvania has exemptions for levy's and garnishments that a Pennsylvania attorney can advise you of. You should speak with a Pennsylvania attorney in Bradford County so they can assist you with your rights. Since you... View More

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1 Answer | Asked in Bankruptcy and Banking for Pennsylvania on
Q: I currently have a loan with a lien on my car. I’m financially able to make the payments for the loan however,

The car needs $8000+ in repairs mechanically and the car is not worth that so it is pointless to dump money into it. I’m wondering if I can just surrender the car and continue to make payments on the loan or will there be serious issues with that. Can they take it and sell it and allow me to make... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 17, 2023

Once a bankruptcy case is filed, the Code provides that you can tender the collateral to the secured lender in full satisfaction of the secured portion of its claim (there may be disputes about the value of the collateral).

Short of a bankruptcy filing, you can certainly offer the car to...
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2 Answers | Asked in Bankruptcy, Estate Planning and Probate for Pennsylvania on
Q: I’m the executor and my brother is a beneficiary. I recently discovered that four months after our mother died in 2019,

my brother filed Chapter 13 bankruptcy. The bankruptcy was dismissed in 2020 due to lack of payment and unfiled paperwork. It appears from the bankruptcy paperwork he did file that he did not mention the inheritance (possibly because he didn’t know what the final amount would be). It’s now... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 15, 2023

As your brother's bankrkuptcy was dismissed, for cause, three years ago and no appeal from that dismissal is pending, you may proceed as if the bankruptcy was never filed (there's a specific Bankruptcy Code section that says that).

For that reason, I recommend that you proceed to...
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2 Answers | Asked in Bankruptcy and Small Claims for Pennsylvania on
Q: If I have a small claims judgement in FL, can FL suspend my PA driving license ?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 13, 2023

The moment you file for bankruptcy relief, an automatic stay is issued against any creditor's attempt to collect a debt, and that applies generally to state and local governments as well.

If, as it appears, you are now a PA resident, you are required to have a PA driver's...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Bankruptcy courts have first claim above all creditors on funds going to a bankrupt business. A course.....

being sold by some serious experts claims that if you notify the bankrupty court of new funds going to a bankrupt business, the court will pay up to 25 percent of the funds recovered. I cannot find any information about this at all. Do you know of this?

I will add that I wrote the... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 5, 2023

i've been practicing law, about half of it in bankruptcy cases from Oklahoma and Texas to PA, DE and NJ, and I have yet to witness any court, bankruptcy or otherwise, make any payment to anyone, lol.

A Chapter 7 trustee is appointed over each Ch. 7 bankruptcy. The trustee steps into...
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