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Puerto Rico Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Puerto Rico on
Q: If my home is declared my Homestead, will the home be exempted if I declare Bankruptcy in Puerto Rico?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 24, 2024

As a debtor, you are the one who claims your exempt property; if anyone, including a bankruptcy trustee, objects, a written Objection must be filed, and you, as debtor, have the opportunity to respond, and thereafter, the Bankruptcy Judge will conduct a hearing on the Objecttion.

There is...
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3 Answers | Asked in Bankruptcy for Puerto Rico on
Q: If my home is declared my Homestead, will the home be exempted if I declare Bankruptcy in Puerto Rico?
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2024

The amount of the homestead exemption that you are entitled to claim varies from state to state. I'm a California attorney, but I looked it up on Google and it appears that you are entitled to an unlimited homestead exemption in Puerto Rico. However, before you proceed, you should consult a... View More

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3 Answers | Asked in Bankruptcy for Puerto Rico on
Q: If my home is declared my Homestead, will the home be exempted if I declare Bankruptcy in Puerto Rico?
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

In Puerto Rico, declaring your home as a homestead may provide certain protections if you declare bankruptcy, but there are conditions and limits. The homestead exemption is meant to help you keep your primary residence, under specific circumstances, even when you're facing financial... View More

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1 Answer | Asked in Bankruptcy for Puerto Rico on
Q: Case 1904632 supuestamente no fue aceptado para quiebra porque no cumplia con los requisitos ni condición financiera .

Fue dismissed o hay otro término en inglés que describa que no fue aceptado?

Timothy Denison
Timothy Denison
answered on Apr 7, 2021

No.

1 Answer | Asked in Bankruptcy for Puerto Rico on
Q: What would non-exempt property be in a chapter 7 bankruptcy?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 9, 2018

As Puerto Rico is part of the third circuit, you would follow the federal exemptions listed in the bankruptcy code. https://www.law.cornell.edu/uscode/text/11/522

1 Answer | Asked in Bankruptcy for Puerto Rico on
Q: I lost all of my property because of Hurricane Maria. How do I file for bankruptcy in light of natural disasters?
Timothy Denison
Timothy Denison
answered on Sep 7, 2018

You file just like any other case and list the loss under casualty.

2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Puerto Rico on
Q: Is it safe to give a car under affidavit if I still owe on it?

I'm giving away my car loan but the person interested recently opened up a business and can't get the loan transferred. Is it safe to give him the car for a year (minimum requirement on his business loan until he can get approved for other loans) under affidavit? I am unable to pay the... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 3, 2018

Good morning and thank you for using JUSTIA. The two main downfalls are that you will remain the registered owner of said vehicle and the principle debtor to the loan. This means that you are the responsable party for any damage that the vehicle causes and in the party responsable for the monthly... View More

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1 Answer | Asked in Bankruptcy for Puerto Rico on
Q: My ex and I co-signed for his car and now he filed for bankruptcy. The auto lender is now expecting me to pay the entire

remainder but I don't even have access to the car! What are my options?

Timothy Denison
Timothy Denison
answered on Jun 18, 2018

The answer should be Contained in your divorce and separation agreement. You may be able to use the contempt power of the court. You’ll need to consult a bankruptcy attorney who can guide you through the technicalities involved.

1 Answer | Asked in Bankruptcy for Puerto Rico on
Q: Will I lose my house or car if I file for bankruptcy?
Timothy Denison
Timothy Denison
answered on Apr 16, 2018

Not necessarily. Depends on several factors, including equity in each and which chapter of the code you file under. In a Chapter 13 wage earner repayment plan, highly unlikely. Chapter 7 will depend, but maybe not in a 7 either.

1 Answer | Asked in Bankruptcy for Puerto Rico on
Q: If my spouse files for bankruptcy will it affect my credit?
David Earl Phillips
David Earl Phillips
answered on Feb 16, 2018

It would if you jointly apply for credit together. Guilt by association. Best to only get credit in your name to avoid this problem. Another problem could be if she had joint debt with you when she alone filed bankruptcy. If she does file bankruptcy, check your credit a few months after her case is... View More

2 Answers | Asked in Bankruptcy for Puerto Rico on
Q: How long after filing for bankruptcy will the creditors stop calling me?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Aug 2, 2017

Creditor calls and mailings should stop within 2 weeks of filing

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1 Answer | Asked in Bankruptcy for Puerto Rico on
Q: Can I include my student loans in my bankruptcy request?
Andrew Bresalier
Andrew Bresalier
answered on May 15, 2012

All debts must be listed; however, Student Loans are NOT Dischargable. Additionally, Student Loans are not subject to Statute of Limitations and do not require any due process. Unless, you have them forgiven (Totally Disability/Dead), or pay them, they will never go away and they do not have to... View More

1 Answer | Asked in Bankruptcy for Puerto Rico on
Q: If i cant pay me credit cards can i go bankrupt?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

The only bar to filing is the Means Test. If you can pass the means test (look at my other response for an in-depth explanation of the means test) then you can file. Next you should examine if you should file, by examining the amount owed and exemptions - you would hate to loose your home or... View More

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