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Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Missouri on
Q: I was vested in beloit corp pension before there bankruptcy. How do I find who took over the pension now

I'm close to my retirement age. I have not received any information on this sense they went bankrupt

Timothy Denison
Timothy Denison
answered on Sep 11, 2022

Contact the bankruptcy trustee. They may be able to tell you the name of the current plan admin and the status of it.

1 Answer | Asked in Contracts, Civil Litigation and Bankruptcy for New Jersey on
Q: I’m from NJ and am being taken to court for an old debt for rent. I was young at the time and unaware of what a co-signe

I was unaware what a co-signer was. I responded but the original signer did not. Would the court be able to put the full responsibility of the debt on me. I was just diagnosed with cancer and have no income while he does. Debt is from passaic county and I live in Passaic county. Court is in Morris... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 10, 2022

As a cosigner, you are fully responsible for the debt. Age or state of health is no defense. If a judgment is entered against you, it is a valid lien for 20 years. You may be able to have the debt discharged by filing in bankruptcy. Speak to an attorney with bankruptcy experience,

1 Answer | Asked in Bankruptcy on
Q: If I cannot find the court case number in US Government Publishing office (GPO) is it sealed from public access?

The court:

Southern District of New York

I need only court conclusion ( judgement ) for the case .

I am worried that if I provide my credit card details, PACER might charge monthly subscription fee or can charge enormously according to number of searched pages. It will be... Read more »

Timothy Denison
Timothy Denison
answered on Sep 8, 2022

Not necessarily. Try pacer.gov.

2 Answers | Asked in Bankruptcy for California on
Q: Do we have to pay unpaid bills of a company after buying it in a chapter 7 auction. can we collect receivables revenue?
Timothy Denison
Timothy Denison
answered on Sep 8, 2022

Depends on the terms of your purchase contract of the new company.

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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for California on
Q: hey I have this assignment for a criminal law philosophy class I'm taking, I need help brainstorming

I can think of a few laws that fall under this idea, but none that are intriguing enough to write a paper about. Any ideas of a law that we regularly abide by even though it doesn't directly align with personal values?

"We have respect for the law, as an institution, even though... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 2, 2022

Not sure this meets your "regularly abide by" criterion, but, I practiced in Oklahoma City for 15 years, and there was a criminal law on the books sanctioning the "Abominable Crime Against Nature" (originally passed, it is surmised, to outlaw anything that gay people might do... Read more »

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1 Answer | Asked in Bankruptcy for Arizona on
Q: When you put name only for creditor on master list is that account dischargeable Chapter 7 proper

A utility company says my spouse account is dischargeable bc I put his name but I listed that creditor twice bc I didn't have my account #

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 2, 2022

The reason why the Bankruptcy Code requires you to provide a list of claims and creditors' names and addresses is so that all your creditors can be notified of the filing of your bankruptcy case and file a proof of claim, and to receive any distribution that might be available. But the... Read more »

1 Answer | Asked in Bankruptcy for Georgia on
Q: In GA if a married couple files ch 7 bk and does not own a house, can 10,000 or 20,000 homestead deduction be claimed?

Can renters claim the excess homestead deduction 10k single /20k joint filed?

Brace W. Luquire
Brace W. Luquire
answered on Sep 1, 2022

The unused portion of the homestead exemption can be used as a wildcard up to $10,000.00 each.

2 Answers | Asked in Bankruptcy for Georgia on
Q: I have a pet worth about 800 and a wedding ring worth about 2000 can these be protected in chapter 7 bankruptcy in GA?
David Luther Woodward
David Luther Woodward
answered on Aug 31, 2022

The best person to assist you in this matter is your own lawyer; that having been said, valuation in Bankruptcy is not the replacement costs but more likely the depreciated costs. Accordingly, is a "used" pet worth $800, or something less (don't be romantic about this), and is a... Read more »

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1 Answer | Asked in Bankruptcy and Civil Litigation for Kentucky on
Q: My brother sold his restaurant owes me half of the money hes claiming to want to file bankruptcy to avoid paying me ?

He has a clerk job he makes about $1400 clear a month after taxes He has also defaulted in a civil lawsuit

Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Aug 29, 2022

Your brother seems to qualify for filing bankruptcy. He makes very little income. There may be a problem for him in that if he sold the restaurant, there should be maybe money left over or money to be accounted for. There is also a requirement to keep records. He could make a gross income of... Read more »

1 Answer | Asked in Bankruptcy and Identity Theft for Pennsylvania on
Q: Can I sue a man from Instagram? A six month relationship using bitcoin I sent him money. He manipulated me to send 40k.

He said he was in the Air Force and he first needed a new phone as it was damaged from his travel to Isreal. Then surgery as he collapsed he needed an electric wheelchair. Then flights, three attempts to fly for a personal vacation. I sold my car I sold my townhouse to fly him home. On the day he... Read more »

Timothy Denison
Timothy Denison
answered on Aug 27, 2022

Yes you can sue him but how are you going to find him.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Bought shed, have receipt I pd her $6000 & it wasn't financed. Shed repoed & she's filed bankruptcy. What do I file?

Bought shed from marketplace from a lady. She wrote a receipt stating that it was paid for in full previously by her and it was not being financed anywhere. Before I had a chance to get it moved the finance company re-Po'ed it and now she refuses to give my money back. She texted me and told... Read more »

Timothy Denison
Timothy Denison
answered on Aug 26, 2022

File a proof of claim in the bankruptcy and hire a lawyer to file an adversarial proceeding against her in the bankruptcy.

1 Answer | Asked in Bankruptcy and Tax Law for New Hampshire on
Q: Looking for information on student loan insolvency
William J. Amann
PREMIUM
William J. Amann
answered on Aug 26, 2022

Here's some basic information on student loans and Bankruptcy. My firm, Amann Burnett, PLLC, handles creditor and debtor side representation concerning student loans.

11 U.S.C. § 523(a)(8) excepts from discharge a student loan if requiring repayment "would impose an undue...
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1 Answer | Asked in Bankruptcy, Estate Planning and Real Estate Law for Florida on
Q: My mother has cancer. We are in Florida. The Mortgage for my house is in my step fathers name. The title is in my name

and my step fathers. My question is can they come after my house for my mothers medical bills? A lein ect? Should I try getting my step father off of it?

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

No. Not unless you signed to be responsible for your mothers debt. They would be subordinate to the mortgage in any event.

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Texas on
Q: Eviction without ssn and birthdate?

Financial issues leading to eviction. Two people household. Apt management doesn't have the ssn and birth date for one tenant. How does this affect the eviction process moving forward? Also does filing for chapter 7 allow for automatic stay for the whole household or only for who filed... Read more »

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

Lack of ssn and dob will not affect the eviction. Bankruptcy of one tenant will likely stay eviction of other tenants in the same house.

1 Answer | Asked in Bankruptcy, Business Law, Contracts and Real Estate Law for Connecticut on
Q: I’m looking to buy a lease-to-own building for $3MM. My concern is, what if the seller files bankruptcy during my lease?
Timothy Denison
Timothy Denison
answered on Aug 25, 2022

He could reject the lease and get out of it if he files bankruptcy. A mortgage and ownership vested in you is a much safer plan.

2 Answers | Asked in Bankruptcy for Kentucky on
Q: My brother sold his restaurant owes me half of the money hes claiming to want to file bankruptcy to avoid paying me ?

He has a clerk job he makes about $1400 clear a month after taxes He has also defaulted in a civil lawsuit

Jonathan Hodge
Jonathan Hodge
answered on Aug 24, 2022

If he files a bankruptcy, you will need to file a proof of claim that shows you are a creditor entitled to payment.

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1 Answer | Asked in Divorce and Bankruptcy for Texas on
Q: In my divorce decree in 2017 states that my ex has to pay off a loan against a life policy every month he stop and fille

Bankruptcy. I was granted the life policy on him. I did the 410 form twice. And sent it to 2 different address. His lawyer and he do not want to pay. I paid it off due to interest rate. What do I do.

Timothy Denison
Timothy Denison
answered on Aug 23, 2022

Make a motion to hold him in contempt in your divorce case.

1 Answer | Asked in Bankruptcy and Real Estate Law for Missouri on
Q: I am buying house from private party due to health reasons have to file bankruptcy can home owner refuse to honor origin

al contract.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 22, 2022

You don't give enough facts to allow good advice.

If your purchase contract is in writing, and is a longer term installment contract, you should be able to affirm it as an "executory contract" once you file for bankruptcy relief, and that's even more so if you are...
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