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4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 17, 2024

Nationally, and for the last two decades at least, the success rate of the popular "save-the-house" Chapter cases has been less than twenty percent, even with bankruptcy counsel. Those cases run for three to five years, much like the Ch. 11 business reorgs.

The chances for...
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4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More

Martha Warriner Jarrett
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answered on May 17, 2024

Very difficult. Chapter 11 (regular or subchapter V) is very complex with lots of requirements and rules. A $50,000 retainer is not unusual and well worth the investment if you want to save your business. If you haven't already met with a local bankruptcy attorney, you should definitely do so.... View More

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4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More

James L. Arrasmith
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answered on May 17, 2024

While it is technically possible to file for Chapter 11, Subchapter V bankruptcy pro se (representing yourself without an attorney), it is generally not advisable due to the complexity of the bankruptcy process and the potential consequences of making errors in your filing.

Subchapter V,...
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2 Answers | Asked in Bankruptcy for Washington on
Q: Who were the bankruptcy judges for eastern district of washington in the 1980s
James L. Arrasmith
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answered on Apr 30, 2024

Finding information on bankruptcy judges who served in the Eastern District of Washington during the 1980s can be quite specific, but here’s a helpful overview based on historical records. During the 1980s, several judges might have presided over bankruptcy cases in this jurisdiction. However,... View More

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2 Answers | Asked in Bankruptcy for Washington on
Q: I have multiple large debts which have me thinking about bankruptcy including but not limited to old student loans.

I have state and federal back taxes, student loans, insurance collections, and credit cards. Total debt is around $40k. I was told that certain types of student loans can be wiped out. I would like to know a little more about whether these can all be taken care of in bankruptcy. Thanks.

James L. Arrasmith
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answered on Mar 4, 2024

Filing for bankruptcy can provide relief from certain types of debt, but it's important to understand how different debts are treated under bankruptcy law. Generally, back taxes, student loans, and other specific types of debt have unique considerations. For instance, federal and state taxes... View More

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3 Answers | Asked in Bankruptcy for Washington on
Q: How does a 100% plan work in a chapter 13 bankruptcy?

As a creditor, I was planning to file an objection to discharge in hopes of getting my money back. Now I’ve learned that the debtor is on a 100% plan. Does that mean my money will all be repaid and that I don’t need to worry about my claim being discharged?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 21, 2024

A Plan that pays off all creditors in full is a one hundred percent Plan.

The advantage to the debtor is that no interest or other charges on any unsecured claims, e.g., credit cards, accrues, and the Plan may be as long as five years.

The disadvantage to the debtor is that for that...
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3 Answers | Asked in Bankruptcy for Washington on
Q: How does a 100% plan work in a chapter 13 bankruptcy?

As a creditor, I was planning to file an objection to discharge in hopes of getting my money back. Now I’ve learned that the debtor is on a 100% plan. Does that mean my money will all be repaid and that I don’t need to worry about my claim being discharged?

James L. Arrasmith
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answered on Feb 24, 2024

Yes, if the debtor is on a 100% Chapter 13 repayment plan, that generally means the plan proposes to pay all filed and allowed unsecured claims in full over the 3-5 year plan length. This is in contrast to more common plans that pay only a percentage of unsecured debts.

Specifically, here...
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3 Answers | Asked in Bankruptcy for Washington on
Q: If the dealership I bought my car from filed for chapter 11 bankruptcy can I get my auto loan forgiven?

I keep getting emails about the case and forms to file a claim but I’m not sure if I qualify as a “creditor”

James L. Arrasmith
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answered on Feb 24, 2024

Unfortunately, the dealership's Chapter 11 bankruptcy filing does not provide a clear path for getting your auto loan forgiven. The key points:

- The dealership's creditors and debt obligations are separate from auto loans held by customers who purchased cars. Your auto loan is...
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3 Answers | Asked in Bankruptcy for Washington on
Q: I financed a car. The company I got it from is going bankrupt. I am receiving legal emails about it but don't understand

The Company I purchased the car from is Shift and my financer is Westlake Financial. Shifts headquarters are in California, I bought it in Oregon. I currently live in Washington.

James L. Arrasmith
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answered on Feb 24, 2024

Based on the additional details, it seems that Shift is the car dealership that sold you the vehicle, while Westlake Financial is the lender that provided the auto loan financing.

Even though Shift is entering bankruptcy, this generally does not impact or discharge the auto loan you hold...
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3 Answers | Asked in Bankruptcy for Washington on
Q: I financed a car. The company I got it from is going bankrupt. I am receiving legal emails about it but don't understand

The Company I purchased the car from is Shift and my financer is Westlake Financial. Shifts headquarters are in California, I bought it in Oregon. I currently live in Washington.

Martha Warriner Jarrett
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answered on Feb 9, 2024

If it's Shift that filed bankruptcy, it shouldn't affect you or your car loan. If it's Westlake Financial, it probably still will not affect you. Most likely, Westlake's contracts will likely be sold to another company. Keep making payments like you have been. If another company... View More

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2 Answers | Asked in Bankruptcy for Washington on
Q: Car loan of $50k on car worth $20k being repossessed and $30k in credit card Debt in finance name what are our options
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 24, 2024

Your question cannot be reliably answered because it offers only two debt items.

Your options, among which are some of the bankruptcy Chapters, can only be determined by a full consideration of your likewise full financial situation, both income and debt service for...
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2 Answers | Asked in Bankruptcy for Washington on
Q: Car loan of $50k on car worth $20k being repossessed and $30k in credit card Debt in finance name what are our options
James L. Arrasmith
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answered on Jan 26, 2024

Facing a car loan significantly higher than the car's value and substantial credit card debt can be challenging, but there are options available. One option is to negotiate with the car loan lender for a possible settlement or modification of the loan terms. Lenders sometimes agree to reduce... View More

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for Washington on
Q: Landlord says previous owners responsible for security deposit return

My current landlord of a commercial property said that I have to ask the previous bankrupt owners for the security deposit as I am leaving after the lease expires. I don't have their details and also is it really the previous owners responsiblity? Can someone just change ownership of a... View More

James L. Arrasmith
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answered on Nov 27, 2023

In Seattle, WA, when a commercial property changes ownership, the responsibility for returning a tenant's security deposit can depend on the terms of the sale and the lease agreement. Generally, the new owner assumes the obligations of the previous owner, including the responsibility for... View More

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1 Answer | Asked in Bankruptcy for Washington on
Q: In Kitittas County can I add additional debt in a conversion from a chapter 13 to a chapter 7 after the initial filing.

but before the 341 hearing.

James L. Arrasmith
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answered on Sep 12, 2024

Yes, you can add additional debt when converting from Chapter 13 to Chapter 7 bankruptcy in Kittitas County, Washington, before the 341 hearing. When you convert your case, you have the opportunity to amend your bankruptcy schedules, including Schedule E/F, where you list unsecured debts. This... View More

1 Answer | Asked in Bankruptcy and Collections for Washington on
Q: I’ve got a lawsuit against me from a creditor. The creditor has filed Ch 7. I can’t get extended warranty info now.

I bought 6 appliances from an appliance business that has recently filed Ch 7. I have extended warranties on all appliances. Due to personal financial issues I got way behind on my credit account payments to this business and they closed my account and I now have a lawsuit for repayment to this... View More

James L. Arrasmith
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answered on Sep 11, 2024

When a business files for Chapter 7 bankruptcy, it typically means the business is liquidating its assets and will no longer be operating. Because of this, you may face difficulty obtaining warranty information or getting the warranties honored. Unfortunately, if the warranties were provided by the... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Washington on
Q: Does a husband have to accept from a process server a summons that names only the wife on it? Or has to give to her?

A process server came to our door trying to serve a summons to my wife and her name is the only one on it not mine. It’s not my credit account either. Do I by WA State law have to accept her summons if I’m approached by the server?

Timothy Denison
Timothy Denison
answered on Sep 14, 2024

No. You do not have to accept the summons.

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1 Answer | Asked in Bankruptcy for Washington on
Q: Can I fire my BK lawyer for misrepresentation? ( my BK has not been approved yeti) and get a new lawyer?

He filled under chp 7 and then switched it chp 13. The trustee keeps sending letters saying everything is wrong n the motions. My lawyer keeps emailing me that he made mistakes. I don't trust him or what is being said at this point. But I am finding it very hard to figure out my next steps.... View More

Timothy Denison
Timothy Denison
answered on Aug 3, 2023

You can fire or hire any lawyer you want anytime you want. No restrictions.

1 Answer | Asked in Bankruptcy for Washington on
Q: Unemployment included in discharge. They're now garnishing wages 3 years later. How to stop?

They failed to contest during the bankruptcy process and now completely ignore calls, letters of discharge sent to every address they have and faxes.

Timothy Denison
Timothy Denison
answered on Jun 17, 2023

Reopen your bankruptcy and file a motion to hold them in contempt for violating te permanent injunction.

1 Answer | Asked in Bankruptcy for Washington on
Q: If you hire an attorney for chapter 7 bankruptcy & they delay filing & stop returning your calls or calling when

they say they will and when asked if there is a problem they assure you not, how should you deal with this?

Timothy Denison
Timothy Denison
answered on Apr 26, 2023

Ask for an itemized statement of charges, discharge them as your lawyer and hire a new lawyer.

2 Answers | Asked in Bankruptcy for Washington on
Q: I am considering filing chapter 7 bankruptcy. Do I have to file with my wife, or can I file by myself?

We live in WA state. Debt is personal loans and credit cards. The personal loans are in my name alone. I am the owner of the credit cards, but my wife is a co-borrower. She has no income and has had no income for over 8 years. Would I have to file bankruptcy with her? If I file alone, could... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 26, 2023

You can file for bankruptcy relief singly (her income would be considered in a determination of "abuse of the bankruptcy system", but you appear to be exempt from that).

If you file a Ch. 7 case, there is no legal protection in a bankruptcy that covers her. In a Ch. 13 case, the...
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