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Washington Bankruptcy Questions & Answers
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

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

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.
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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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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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3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for Washington on
Q: is there a place I can find open source data for documents involved in a case's document discovery process?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 8, 2023

No. Discovery requests are not filed as a public record, unless, and only to the extent that, the same are controverted and a protective order is sought. The same is true of documents produced in response to discovery requests. Only after culling, and if a judge permits, are documents produced... View More

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1 Answer | Asked in Bankruptcy, Business Law and Mergers & Acquisitions for Washington on
Q: Can litigation be used to drain a company of its capital and leave it vulnerable to a takeover by the plaintiff?

Hi everyone, I don't have any specific geographical location in mind, so if lawyers have examples of laws that they know of, regardless of region, it'd be interesting to hear them:

Is there anything in the law to prevent litigation used by one larger company (that can handle... View More

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

Generally not unless it involves the purchaser becoming so large as to violate the Sherman Anti-trust Act. The activity you describe is called corporate raiding but is usually legal when performed within the rules of a particular state.

1 Answer | Asked in Bankruptcy and Military Law for Washington on
Q: Will it effect my military husband if I file bankruptcy?

I got into an accident and didn’t have insurance and am now expected to pay $22,000. I don’t have that kind of money and am trying to explore my options. Desperately need help.

Robert C. Hahn III
PREMIUM
Robert C. Hahn III
answered on Jan 3, 2023

Really the best answer to this question is to consult with an experienced bankruptcy attorney. Usually married couples file bankruptcy together, but they are not required to and some file individually. If you file individually without your husband joining the petition it may or may not effect him... View More

2 Answers | Asked in Bankruptcy for Washington on
Q: Over 100k in debt

I allowed my cousin to use my 9k credit card back home overseas to assist him with starting a business. He agreed to pay it back in a timely manner so I agreed to it. Few months later I received many return check fees on my credit card which maxed it out to over 55k on my credit card balance which... View More

Timothy Denison
Timothy Denison
answered on Nov 4, 2022

Your entire financial situation needs to be evaluated before you file bankruptcy but score you do that, why don’t you report the activity as fraudulent and see if the bank or lending agency will refund or void all those charges as fraudulent. You may only be liable for the first $50 if it is... View More

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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.

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