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Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Consumer Law for Massachusetts on
Q: I am in need of a free bankruptcy lawyer for credit cards

I have been unemployed for over a year, and awaiting disability to be approved, and I need to file bankruptcy for credit cards I cannot pay. Are there any free lawyers I could qualify for?

Christopher Tolley
Christopher Tolley
answered on Oct 26, 2022

Try Greater Boston Legal Services. https://www.gbls.org/get-legal-help

2 Answers | Asked in Bankruptcy for Maryland on
Q: I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month

I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 24, 2022

Several of my bankruptcy clients have used such "debt resolution" services before engaging me, and none have good things to say about them or their effectiveness.

A bankruptcy case, filed in a real court, is the only path to a legally enforceable discharge of debt. Anything short...
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1 Answer | Asked in Foreclosure and Bankruptcy for Virginia on
Q: Which Virginia court handles foreclosure excess proceeds disbursements?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Oct 23, 2022

Fiduciaries in Virginia must file accountings and reports with the Commissioner of Accounts for the city or county involved. If a foreclosure auction results in a surplus of proceeds, most substitute trustees would file an interpleader action in the Circuit Court and name all interested parties as... Read more »

2 Answers | Asked in Foreclosure and Bankruptcy for Virginia on
Q: Which Virginia court handles foreclosure excess proceeds disbursements?
Mark Oakley
Mark Oakley
answered on Oct 23, 2022

The same court where the foreclosure action was docketed and proceeded to auction and ratification of the sale. That would be the circuit court in the jurisdiction where the property is located. As this is a Virginia matter and you posted this question on a Maryland legal forum, you should consult... Read more »

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1 Answer | Asked in Bankruptcy for Colorado on
Q: I am 66. I want to retire. I have 20,000 in credit card debt. I am paying on a mobile home car and loans. Bankruptcy?

I see debt following me to purgatory or heaven. I want to retire but afraid of debt. I am just looking for general answer. I plan on seeing an attorney next week but wanted general answer

Timothy Canty
Timothy Canty
answered on Oct 21, 2022

There's not nearly enough information here to advise you of your options. I suggest you get a consultation with an experienced bankruptcy lawyer - most of us will give you a free consultation.

3 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Q: I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month

I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Oct 20, 2022

Once you accumulate a certain amount of money, they will negotiate with your creditors to accept that amount in full resolution of the debt. However, in the meantime, you will be in arrears (not paying), which will affect your credit. Obviously, the debt resolution company keeps a portion of that... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: What do I need to do if a company who installed our solar panels filed chapter 7?

We had them installed 3 (ish) years ago, we pay a finance company, not them. I do believe part of what we paid for is a support contact. Do I need to do anything.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 19, 2022

Any guaranty is only as good as the future solvency of the guarantor.

Unless the "warranty" you got is provided by a third party, the bankruptcy probably destroys your warranty.

Watch this bankruptcy case. The trustee may be able to sell what's left of the bankrupt...
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1 Answer | Asked in Bankruptcy for Nevada on
Q: Does a UCC filing from a creditor terminate after filing chapter 7 bankruptcy and receiving a discharge?

The UCC was filed on 03/30/22, I filed bankruptcy on 05/10/22, because it was filed within 90 days prior to my bankruptcy filing does it become invalid? Thank you.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 17, 2022

No.

The filing of a UCC-1 by a creditor more than ninety days prior to a bankruptcy filing (so not a preference) creates a perfected lien against identified collateral/property.

Liens are not dischargeable in a Chapter 7 case; nor can they be stripped down (the Dewsnup case)....
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: I have filed and have been discharged chapter7 bankruptcy I had a title loan and two payday check loans at this one

Title/Payday loan company that was back in 2016 and my checking account was just debited for $460 dollars twice one for each check I also had a title loan the company says the title loan was covered in the bankruptcy but the two check advance loans were not what can I do?

Timothy Denison
Timothy Denison
answered on Oct 17, 2022

If they take any action against you, have your bankruptcy lawyer move to hold them in contempt for violating the automatic sultan/permanent injunction.

1 Answer | Asked in Banking, Contracts and Bankruptcy for Ohio on
Q: How can I back out or cancel a Hvac company/Wells Fargo contract after months or years have passed?
Timothy Denison
Timothy Denison
answered on Oct 17, 2022

Most likely you cannot unless there has been a breach or it has a termination clause.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Can you file for bankruptcy as a couple after have done filed bankruptcy as an individual?

I am just curious because I had filed for chapter 7 like 4 years ago, and we have ended up back where I was and was wondering if I could still file as a couple after I have done filed as an individual at some point in time.

Timothy Denison
Timothy Denison
answered on Oct 17, 2022

You can file a chapter 7 petition once every eight years, the operative date being the date of filing.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I'm filing a chapter 7 bankruptcy in November of 2022. How long after it's discharged can I try to purchase a house??
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 15, 2022

There is no particular law/statute that prohibits your request for extensions of credit after entry of a discharge order in your bankruptcy case.

However, as a practical matter, because the filing of your bankruptcy will be picked up/shown by the credit bureaus as a "public...
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1 Answer | Asked in Bankruptcy and Collections for California on
Q: Can I sue for the loss of my belongings ? Car was repossessed and all my belongings were taken and lost after recovery
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 14, 2022

Likely, yes. Repossession of vehicles is regulated under California law. They cannot just take your property or destroy it.

2 Answers | Asked in Bankruptcy for Kentucky on
Q: If you have filed chapter 13 in 2020 and it was discharged, would I be eligible to file chapter 7?

My husband unfortunately has entered a rehab facility and is not able to help with our bills.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 14, 2022

If you filed a Chapter 13 in 2020, how are you discharged already? If you got your discharge in 2020, it depends more on when you filed the Petition, as that is the controlling moment

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Need URGENT advice for a Bankruptcy 2004 Examination on 10/14 that the US Trustee refuses to reschedule

I am a 75 y/o senior who filed emergency Chapter 7 bankruptcy Pro Se on 8/10/22 in Williamson County, TN, to stop a foreclosure sale. I have not filed financial schedules but the Trustee closed my bank account containing only proceeds from my husband's life insurance and took every penny,... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Oct 12, 2022

The purpose of the 2004 exam is to question you regarding potential assets of the bankruptcy estate. They will ask questions about financial accounts, the life insurance, and other assets. They will ask for copies of your records, and other information that you may know. It is a deposition, but the... Read more »

3 Answers | Asked in Banking and Bankruptcy for California on
Q: I'm high I live in California I want to know what's the steps for filing bankruptcy

I got married last and I want to be able to since the

owe debts between $20,000 to $35, 000 and I have no income only my husband said he cannot afford to pay that

Harlene Miller
Harlene Miller
answered on Oct 10, 2022

Suggest you consult with a bankruptcy attorney in your area to analyze ability to file a chapter 7 in order to discharge the debt. You may find one on this site. Another option is checking with local bankruptcy court for possible Legal Clinic in your area for assistance.

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2 Answers | Asked in Bankruptcy for Kansas on
Q: I bought a car one year ago & never registered it..thinking about applying a chapter 7…I am going to surrender the car

Is it best to surrender the car or do a reaffirm agreement?

David Adams
PREMIUM
David Adams
answered on Oct 8, 2022

You would have the option to 1) surrender and owe nothing further, 2) keep making the monthly payments but not reaffirm, or 3) to keep making the monthly payments and reaffirm. You would likely only want to reaffirm under limited circumstances - mainly only if the vehicle was worth a good bit more... Read more »

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2 Answers | Asked in Bankruptcy for Massachusetts on
Q: I've filed bankruptcy and have a car that I voluntary gave back.They can't pick car up until courts finalize

I'm moving and car is in a off street parking spot.I can't take car with me due to a blown motor,and being unregistered.What do I do?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 7, 2022

The Bankruptcy Code provides that with any secured claim, the debtor can return the collateral to the lender in full satisfaction of the lender's secured claim. Expect some argument over the current value of the car, as that will be the value of the lender's secured claim (there is some... Read more »

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