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Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Ohio on
Q: If I’m in a chapter 13, and I want to move in with my girlfriend, how will this affect the chapter 13 payment?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 8, 2021

If your plan has been confirmed, there should be no effect on your move.

There are, however, some districts in which yearly financial reports are required. If you're in one of those districts, the Ch. 13 trustee may push you to increase plan payments if your monthly living expenses...
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3 Answers | Asked in Bankruptcy for Illinois on
Q: Can my Sister buy a condo and rent it out to me if I am in a Chapter 13 bankruptcy?

Basically, I am going through a divorce and need to move out. Since buying a condo would be cheaper than renting an apartment, my sister has offered to buy a condo and rent it out to me. Would this be allowed if I am currently in a Chapter 13 bankruptcy (without my spouse) or would they look at the... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 6, 2021

I agree with the prior to answers. The bankruptcy rules and statutes target transactions in which "value", e.g., money's worth, leaves the debtor's estate, not where some benefit is incoming to the estate.

And assuming that you have a 5-year Ch. 13 plan, at the end of...
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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: How much will it cost me to file for bankruptcy

$922/mo, $277/rent, $190/utilities. Extenuating circumstances.

Timothy Denison
Timothy Denison answered on Sep 5, 2021

Roughly, $1500-2500

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3 Answers | Asked in Bankruptcy for Arizona on
Q: Can a Trustee re-open a Chapter 7 closed case?

I received a discharge date on 5/8/19 on a Chapter 7 no asset. Pro se. The trustee submitted the final accounting report and Judge signed on 12/17/20. I was notified a settlement check went to the trustee. Does that mean they are going to re-open my case again? Can I hire an attorney to get my... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 1, 2021

I'd be shocked if the Ch. 7 Trustee did not return that check to whoever sent it, or relayed it on to you.

Several years ago, a Ch. 7 debtor I represented sold a car for $9,000 and had a check to himself in return. I advised him to have the buyer write a second check, to the Ch. 7...
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1 Answer | Asked in Employment Law, Bankruptcy, Tax Law and Arbitration / Mediation Law for Ohio on
Q: Can an employer be pursued for monies incorrectly withheld and paid to a municipality due to an acknowledged error?

Hired in 2005, I moved to a virtual role during 2012. Following a bankruptcy discharge in 2018 I was notified of a municipal income tax deficiency owed to my residence city. Upon receipt of the notification I worked with the tax authority to attempt to reconcile. This included providing copies of... Read more »

Timothy Denison
Timothy Denison answered on Sep 1, 2021

Yes.

2 Answers | Asked in Bankruptcy for Indiana on
Q: Can civil resititution be added into a bankruptcy
Timothy Denison
Timothy Denison answered on Aug 31, 2021

Depends on the nature of the restitution.

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2 Answers | Asked in Bankruptcy for California on
Q: Just received a letter in the mail “notice to professionals to file applications for compensation” What does this mean?

My chapter 7 bankruptcy was granted discharge in may. I have a property that is under exemption/protected. I also had to turnover my 2020 tax refund. What does this letter mean?

Harlene Miller
Harlene Miller answered on Aug 31, 2021

Apparently, assets were collected by your Chapter 7 Trustee, or property was sold in your case, Were you aware of this during the case? Usually when this occurs, professionals are hired to represent the Chapter 7 Trustee (such as a CPA, an attorney) who are entitled to receive payment of their... Read more »

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1 Answer | Asked in Bankruptcy and Collections on
Q: How may I find out if I am eligible for volunteer legal services regarding creditor lawsuits and filing for bankruptcy?

I am being sued by a creditor and more are coming. I was advised to contact the plaintiff's attorney directly and request a hardship dismissal. There is a deadline for an answer to be filed with the court regarding current lawsuit and I have contacted the plaintiff attorney twice but have... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Aug 31, 2021

Upsolve is a non-profit that may be able to help, if you qualify.

https://upsolve.org/learn/transparency/

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Can you file bankruptcy on an overpayment made by disability?
Timothy Denison
Timothy Denison answered on Aug 29, 2021

No.

4 Answers | Asked in Bankruptcy for Tennessee on
Q: Is it possible to keep a vehicle that is not in your name, but you have been making all the payments and insurance?

the person whose name it is in is filing bankruptcy and us keeping their car and i cant refinance until the amount is lower. I am in Tennessee but the original owner is in another state.

Anthony M. Avery
Anthony M. Avery answered on Aug 27, 2021

The logistics of getting a BR Order with the Trustee transferring Title will be difficult. Once the property is abandoned to the Debtor, he may be able to sign the Title. This assumes the Debtor listed the vehicle in his Petition. It will usually take two years for the BR Case to Close. If... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: If I stop making my chapter 13 payment, what happens and how long would it take.

I have decided to sale my house and pay the chapter 13 in full. However, I need to use the money I would normally make my payment with to make home improvements.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 27, 2021

File a modified plan, providing for the sale of your home and the revised payment of your creditors.

Keep in mind that you have the right to keep exempt property, or the proceeds therefrom.

Talk to your bankruptcy lawyer about these issues.

If you do not modify your plan to...
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1 Answer | Asked in Bankruptcy and Real Estate Law for Texas on
Q: An abstract judgement was issued against me in 2007. It was not renewed. What do I do now?

After judgement was issued I never heard from the creditor again. It was my local bank and I live in Texas.

Timothy Denison
Timothy Denison answered on Aug 24, 2021

It may still be valid. You should check the statute of limitations on judgments in the state where it was issued.

2 Answers | Asked in Bankruptcy for Florida on
Q: Hi I am in a chapter 13 due to throat Cancer and co pays I can no longer make payments

my lawyer wants $3150 to convert 7 i can't afford that can i convert it my self or get a less expensive lawyer ?

Anna L Self
Anna L Self answered on Aug 23, 2021

Yes, you can find a less expensive lawyer. You can also try Legal Aid to see if they can assist you. I don't recommend that you convert it yourself. Good Luck!

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2 Answers | Asked in Bankruptcy and Foreclosure for Georgia on
Q: Hello, I have a question related to bankruptcy and home ownership.

I'm a first time homeowner that purchased my home in 1998. I have been living in my home for almost twenty three years. Due to economic hardship, I had to file for chapter 7 bankruptcy in 2010. It has been discharged and no longer showing on my credit report. My question is, what are my rights... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Aug 23, 2021

Well, I hate to tell you, you don't know quite as much as you think you do. You mentioned that you have the option to reaffirm your loan. You most definitely do not have that option, as it was off the table after your Chapter 7 discharged in 2010. To be quite frank, I never advise clients to... Read more »

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3 Answers | Asked in Bankruptcy, Collections and Small Claims for Missouri on
Q: Can a small claims garnishment put a levy on all bank account of a head of household with three small children

Leaving them with no access to any funds and never attempted to go through current employer first for garnishment. Nor accepting a payment plan that was suggested but turned away by plaintiff refusing money unless it was what he set forth reasonable.

Timothy Denison
Timothy Denison answered on Aug 21, 2021

Yes.

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4 Answers | Asked in Bankruptcy for Michigan on
Q: What happens if you don’t turn in your tax return and/or refund on a chapter 13 bankruptcy?

I have been in my chapter 13 for over 2 years and realized I was supposed to supply tax returns and refunds to the trustee but I haven’t. I’m not sure what my next step is as I’m afraid to bring it up and have my case dismissed.

Robert Keyes
Robert Keyes answered on Aug 16, 2021

You should turn in returns ASAP and contact your attorney if you have one. Otherwise contact the trustee and own up to your mistake.

It will only get worse if you ignore it and your case will get dismissed if you don’t makes it up somehow.

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4 Answers | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: My debt is 3 years old. I was sued in my absence from the country and now wish to return. Not sure how to

I left California due to a bad relationship. I foolishly walked away from all responsibilities as I was extremely stressed and left 30k of outstanding debt. Car loans, cc, etc. Prior to this my credit was perfect! It was the biggest mistake of my life!!

It’s now been 3 or so years and I... Read more »

Leon Bayer
Leon Bayer answered on Aug 16, 2021

You certainly do have options. Talk to one or more bankruptcy lawyers to explore those options. If you are informed that bankruptcy is one of those options, you can probably make all the debt go away, even the lawsuits.

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2 Answers | Asked in Bankruptcy, Constitutional Law, Domestic Violence and Real Estate Law for California on
Q: Does Civil Code Section 1708.7, Right to terminate lease due to Domestic violence, apply to commercial leases as well?

A tenant claiming civil code 1708.7 sent a notification requesting to terminate the current lease due to domestic violence. However, this is a commercial lease and not a residential one. And the tenant still has an unpaid balance pending. Is the tenant able to break the lease and not have to pay... Read more »

Aaron Michael Lloyd
Aaron Michael Lloyd answered on Aug 16, 2021

You would want an attorney to review your commercial lease documents and the letter the tenant sent you. I would suggest to start with searching for a real estate lawyer who specializes in forming and reviewing commercial lease agreements. I hope this helps.

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