Pennsylvania Bankruptcy Questions & Answers

Q: If I am behind on rent and file for bankruptcy can I still be evicted?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Oct 9, 2015

When a bankruptcy case is filed and a landlord has not yet received a judgment for possession, the automatic stay typically stops the proceedings as it does all other collection actions. However, the landlord may ask the bankruptcy court to lift the automatic stay to allow the eviction to proceed. In most cases, filing for bankruptcy will buy a tenant who has not yet been evicted a little time to attempt to catch up, work things out with the landlord or set up a Chapter 13 repayment plan, but...
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Q: If my company goes bankrupt is the insurance carrier still liable for my claim.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Aug 11, 2015

You have not provided enough information, and what you did provide is confusing. The best thing to do is to speak with a bankruptcy lawyer about this.

Q: I have completed the post bankruptcy education course and need to complete form 23. Where should I send it & certific

2 Answers | Asked in Bankruptcy for Pennsylvania on
Answered on Aug 11, 2015

You submit that along with the petition and schedules, and all other necessary documents, when you file the bankruptcy case.

Q: I have a default judgement against me in delaware with pnc bank in delaware can they garnish my bank account?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Aug 10, 2015

Probably not at all if you file bankruptcy. Go see a local bankruptcy attorney about this.

Q: if i file bankruptcy prior to sheriff's sale am I still responsbile for defficiency?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Jul 7, 2015

Personal liability for mortgage debt (though not the lien on the property) can be discharged in Chapter 7 bankruptcy. Likewise, a deficiency judgment may be discharged in bankruptcy after the judgment is entered. Depending on the specific circumstances, there may be advantages to filing in advance of the sale, but the debt may be discharged before or after the fact. A local bankruptcy attorney can help you assess the best timing for your particular situation.

*Kevin Chern is Managing...

Q: Can I hire a lawyer to remove my bankruptcy information from the internet. The bankruptcy is over.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Jul 5, 2015

Sure you can hire a lawyer to do that. However, the lawyer will tell you that you are wasting your money. Bankruptcy is a public record. Thus, the information will be on Pacer for years to come. Right now, we can find some information on Pacer about bankruptcy filings in our jurisdiction that were filed in 1989.

Q: I have a business that is failing what happens to me if I can no longer afford payments

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Jun 18, 2015

Your question isn't entirely clear, but I think you're asking what will happen if you're in Chapter 13 bankruptcy and unable to keep up the payments because your income has declined as your business is failing.

If that is what you're asking, you may have a couple of options available.In some cases, a Chapter 13 case may be converted to a Chapter 7 case. In others, plan payments may be modified based on the new, lower income. For the best option, you should consult the attorney who...

Q: can you clear a lien through a chapter 7

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Jun 2, 2015

If 100% of your equity is exempt under Pennsylvania law, you should be able to avoid the lien under § 522(f) of the Bankruptcy Code. However, you should take the time to meet with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases since sometimes a chapter 13 ends up being your best option even though a client thinks that chapter 7 is what he/she needs. Most attorneys will meet with you at no charge for the initial appointment. You can use the Justia "Ask a Lawyer"...

Q: If I file bankruptcy, can they take my car. I paid my car off in 2005

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on May 21, 2015

In bankruptcy, certain property is exempt (protected from creditors). The Pennsylvania exemptions don't provide specific protection for motor vehicles. Generally, a motor vehicle is treated like any other asset, which may be subject to sale by the trustee for the benefit of creditors.

However, a person filing for bankruptcy in Pennsylvania has the option of electing to use the federal exemptions rather than the Pennsylvania exemptions. The federal exemptions do protect a certain amount...

Q: Do I need a lawyer for bankrupcty

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on May 19, 2015

Through the years, I have seen many people that filed bankruptcy for them selves and ended up losing assets that they could have kept had the had representation and that have agreed to reaffirm and pay back debt to keep items on which they could have avoided the lien instead and paid nothing to keep the items. The answer is yes, you can file bankruptcy pro se. The real question is it a good idea, the answer is no.

If your truly cannot afford an attorney, then you should qualify for...

Q: How can I search to find if an individual has filed bankruptcy?

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Feb 10, 2015

There is a website called PACER (Public Access to Court Electronic Records) where you can search for parties in bankruptcy cases for 10 cents. However, you need to set up an account. The website is as follows:

https://pcl.uscourts.gov/search

Q: Is it a must to have my mortgage paid before it goes into grace period when trying to file for chap 7

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Feb 9, 2015

Paying during the grace period is still paying late. If a bankruptcy petition were filed after the date the mortgage payment was due but before the date the mortgage payment was actually made, the debtors go into the bankruptcy case behind on their mortgage. The post-petition payment should technically be credited to the next month's payment, rather than the prior month's payment, because the prior month's payment became due before the case was filed. In a Chapter 13 case, this creates a...

Q: If I file for bankruptcy can I keep a credit card ?

2 Answers | Asked in Bankruptcy for Pennsylvania on
Answered on Feb 9, 2015

You should be able to keep credit cards with zero balances at the time you file. However, that depends upon the creditor.

If you owe the creditor less than $600 and really want to keep the credit card, you may wish to consider paying it off before you file.

If you owe the creditor more than $600, please be advised that paying a single creditor more than $600 within 90 days before a bankruptcy may be avoidable as a preferential transfer. In such cases, I would question whether...

Q: I have just recvd paperwork from an attorney showing debtors petition for chapter 7 Do I have to return property

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Nov 20, 2014

Need more information. Are you a creditor? Whose car are you talking about? Why was car towed? If you are the creditor, you need to contact a bankruptcy attorney in your area. Return of a repossessed vehicle is somewhat a local issue.

Q: I have filed bankruptcy before and I would like to know how long do I have to wait before I can file again?

2 Answers | Asked in Bankruptcy for Pennsylvania on
Answered on Oct 17, 2014

The rules vary depending on what chapter you filed, and when you received your discharge. It can range from 5 to 7 years.

Q: How do I find a bankruptcy record.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Oct 17, 2014

https://www.pacer.gov/

Q: is there a way to find a copy of a bankruptcy docket or judgement online that was filed 4 1/2 years ago

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Oct 17, 2014

Yes, bankruptcy filings and docket entries can be retrieved electronically at https://www.pacer.gov. You will need an account, and pages cost a few cents each, but it contains filings going back even longer than 4 1/2 years. An attorney who has a Pacer account can easily retrieve that filing for you.

Q: I've been informed by an email that I was named as a creditor in a bankruptcy case over a month ago but still have not g

2 Answers | Asked in Bankruptcy for Pennsylvania on
Answered on May 16, 2014

Why would you receive any legal documents? What kind of bankruptcy was filed? It makes a difference.

First, does the debtor owe you money? Have you sued and recovered a judgment against the debtor prior to filing bankruptcy? Or did you have security interest in anything, like a lien on a car? Who is the debtor? A business or a person? What kind of bankruptcy did the debtor file - a chapter 7 or chapter 13 (if a person)? Or chapter 7 or chapter 11 is a business?

Does...

Q: If I am married, can I file bankruptcy without my husband?

2 Answers | Asked in Bankruptcy for Pennsylvania on
Answered on Apr 27, 2014

The quick answer is yes. The challenge is how to divide the bills and assets. But you can do it and should if you need it. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Q: My sister is in chater 13, my mother passed,how can I sell her house,as we are both co owners

1 Answer | Asked in Bankruptcy for Pennsylvania on
Answered on Apr 27, 2014

Call your sister's attorney. The attorney can work with the trustee to get approval to sell the asset. The next issue will be how the proceeds going to your sister are used. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

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