Pennsylvania Bankruptcy Questions & Answers

Q: The first payment of my chapter 13 bankruptcy is due 30 days after filing the petition.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Oct 7, 2017

Have your attorney prepare a new minimal plan, but do not just miss a payment
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Q: How many times are you allowed to claim bankruptcy? What is the maximum amount allowed on a chapter 7

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Sep 21, 2017

You can only get a discharge in a chapter 7 case once every 8 years. You count filing date to filing date. If you qualify to file there is no limit on the number of times you can file other than the discharge restriction stated above. There is no limit on the amount you owe to file chapter 7. There is a dollar limit on chapter 13 filing. Talk with a bankruptcy lawyer near you to see what your options are. Hope it works out. Good luck!
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Q: What is a Statement Pursuant to Local Bankruptcy Rule 1073-2(b), when filing a chapter 13?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Sep 10, 2017

Contact a local bankruptcy attorney and schedule a consultation. Pro se chapter 13 cases have over a 90% dismissal rate. The form you asked about is a disclosure of related cases. You must disclose any related cases in the last 8 years. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
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Q: If I apply for a payment plan for a chapter 13 filing fee, will my petition not be filed until its paid in full?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Sep 8, 2017

A case can be filed and the filing fee paid in installments as part of the 13 plan as you make payments to the 13 trustee in most districts. Be sure and get a lawyer to assist you. Chapter 13 cases can be very complicated and almost impossible to do without a lawyer. Hope it works out. Good luck!
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Q: I am $26,000~ in debt and make $33,280 a year for income. Am I eligible for Chapter 7 bankruptcy?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Sep 6, 2017

You are likely eligible to file, but only after a full evaluation of your situation by an experienced bankruptcy attorney in your area can you know for sure.
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Q: I think my ex is trying to file for bankruptcy to get out of paying his share of child support. What can I do?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Aug 2, 2017

Child Support is not dischargeable, so that is not possible. If he/she files a Chapter 13, they MUST remain current on post petition child support payments to confirm a Chapter 13 Plan. If they file a Chapter 7, it does not stop Child Support garnishments etc.
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Q: My wife has credit card debt in her maiden name, if judgement can the take from a joint bank account?

1 Answer | Asked in Bankruptcy and Collections for Pennsylvania on
Answered on Jul 13, 2017

Yes they can if they can prove it is her account as well and that she is the same person, meaning maiden name vs married name.
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Q: debt collector suing me for a car repoed 2 years ago. What are my options to stop company from garnishing wages, etc.

3 Answers | Asked in Bankruptcy for Pennsylvania on
Answered on Jun 19, 2017

Yes, bankruptcy is still an option and this debt is dischargeable. You should speak with a local bankruptcy attorney ASAP.
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Q: Why were my voluntary payroll deductions returned to me from my credit union when my bankruptcy notice went out?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Jun 14, 2017

The payments within 90 days of your filing bankruptcy would be considered a preference under section 547 of the Bankruptcy Code. You may go back and pay the credit union after your bankruptcy completes if you wish to. Discuss with your lawyer if you have further questions. This is very normal and occurs all the time. Nothing to worry about. Good luck!
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Q: I had student loan debt taken from my expected income tax return.

2 Answers | Asked in Bankruptcy and Consumer Law for Pennsylvania on
Answered on Jun 14, 2017

Most student loans are not dischargeable so filing the bankruptcy will not assist.
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Q: will i lose my car if i file for bankruptcy? i make payments on it

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Jun 6, 2017

You may be able to claim the car as part of your bankruptcy exemptions. In most cases, there would not be a great amount of equity in a car anyway and you stated you still owe money on the loan. The better question may be whether the car creditor will allow you to reaffirm the remaining debt on the car? If you have been a good customer the answer is usually yes. You need a bankruptcy lawyer to review your entire situation and they will be able to advise you as to your best options. Look on...
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Q: In Pa, if a husband and wife have a joint bank account and there is a judgment on one party can the account be attached?

1 Answer | Asked in Civil Litigation, Small Claims, Bankruptcy and Collections for Pennsylvania on
Answered on Jun 5, 2017

Yes, the account can be attached unless you can show that the funds in the account are exempt funds.
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Q: Do I need a lawyer to file a motion to end a wage order when my chapter 13 case is closed?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on May 22, 2017

I would highly recommend it. It can be technical and service can be difficult, so I would.
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Q: I own my home outright but lost my job last year and have so much credit debt that I think I need to file for bankruptcy

2 Answers | Asked in Bankruptcy for Pennsylvania on
Answered on May 8, 2017

The Answer depends on the type of bankruptcy you file, and the amount of equity you have in your home. In a Chapter 7, you can exempt up to $23,675 in equity, or twice that if the home is owned jointly. In a Chapter 13 plan, you would propose a payment plan, to pay back your creditors over a 3 to 5 year period. So long as they are getting at least as much as they would in a Chapter 7, you would be allowed to keep the home.

To get individual advice about your situation, I would...
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Q: I have a bankruptcy question.

1 Answer | Asked in Bankruptcy and Business Law for Pennsylvania on
Answered on Mar 31, 2017

No you cannot file a new bankruptcy. If the claim pre-dates your bankruptcy, you may be able to reopen the bankruptcy. You may be able to file a state receivership, a state form of bankruptcy but need to speak to local counsel. Those are usually handled by bankruptcy attorneys.
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Q: I'm being sued by midland funding i haven't been able to work or have any income or assets due to medical issues

1 Answer | Asked in Bankruptcy and Consumer Law for Pennsylvania on
Answered on Mar 16, 2017

Not sure why but sounds like you signed for a loan and those "funding" company loans have teeth in them. You should consult a consumer attorney through legal services.
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Q: What assets am I required to disclose when filing bankruptcy? Are there any that are exempt?

2 Answers | Asked in Bankruptcy for Pennsylvania on
Answered on Feb 15, 2017

The simple answer to your question is that you have to disclose everything, and there are a number of different exemptions available. Failing to disclose an asset can lead to major difficulties, including criminal charges. The exemptions are too complicated to explain fully in this forum. As one example, up to $23,675 of equity (the difference between the value and the amount of any mortgages or liens) in a home can be exempted (this is doubled if the home is owned jointly by two spouses....
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Q: I just got divorced a few months ago and my husband wants to declare bankruptcy

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Dec 16, 2016

The answer depends on the type of bankruptcy he files, and what he does with regard to the joint loans. If these loans are secured by a house or car which he intends to keep, it is likely that he will have to continue to pay them. On the other hand, if he is letting the property go, and not paying, you could get stuck with them.

Another question is what, if anything, was said in the divorce settlement about paying these debts.

You may want to sit down with an attorney to...
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Q: is there a pro bono service for disabled people filing chapter 11 ? Westmoreland county PA

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Sep 29, 2016

Check with legal services in your area.

Q: How can I get a copy of my bankruptcy

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Sep 18, 2016

Go to the bankruptcy court. Ask the clerks office. Or ask the lawyer that handled it for you.

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