Delaware Bankruptcy Questions & Answers

Q: where can I find archives of the Delaware code from 1985?

1 Answer | Asked in Bankruptcy for Delaware on
Answered on Mar 10, 2019
Timothy Denison's answer
Your local law library it possibly online.

Q: Can I ask the debtor questions at the bankruptcy trial?

1 Answer | Asked in Bankruptcy for Delaware on
Answered on Feb 13, 2019
Timothy Denison's answer
Yes, either at the 341 creditors meeting, the trial, or both.

Q: Ch 13 discharged 6/17. One of student loans was reopened 10/17. Getting calls from another closed one.Can they open now?

1 Answer | Asked in Bankruptcy for Delaware on
Answered on Jan 31, 2018
Nels Hansen's answer
Congratulations on completing your chapter 13, very few people accomplish what you have achieved. In order to discharge the student loan, you will have to file an adversary in addition to a bankruptcy and prove the student loan is an undue hardship. This is easier said than done. When you file bankruptcy Federal Student Loans are put into forbearance. Once your bankruptcy is dismissed or discharged they are taken out of forbearance. Student loans also continue to accrue interest while you were...

Q: What is a bankruptcy withdrawl

1 Answer | Asked in Bankruptcy for Delaware on
Answered on Jun 26, 2014
Charles Snyderman's answer
In most instances, it refers to a creditor who withdraws its claim against the debtor.

Q: Will my credit be affected if my ex-fiancee filed for Bankruptcy and put both our names are on the mortgage?

1 Answer | Asked in Bankruptcy for Delaware on
Answered on Jan 27, 2014
Andrew Bresalier's answer
It will say that the account was in a Bky, but as long as you make the payments timely, it shouldn't matter.

Q: My husband left me can he file bankruptcy without my knowledge and how will it affect me,

1 Answer | Asked in Bankruptcy for Delaware on
Answered on Nov 10, 2011
Andrew Bresalier's answer
Married persons are permitted to file bankruptcy without their spouse. The Creditors from any jointly held debts will seek payment solely from you. However, on the plus side, if you are eligible for support, the lack of his debts should weigh in your favor.

Q: Can I apply for bankruptcy

1 Answer | Asked in Bankruptcy for Delaware on
Answered on Nov 8, 2011
Andrew Bresalier's answer
Filing a Bankruptcy involves a weighing of several items, personal and legal. If you have no personal issues, then the major obstacle is the Means Test. This test is broken into several parts and looks at an average of what you have earned over the last six months, then compares it to others in your area. You only have to pass one part. If your average is above this then certain standardized and variable approved expenses are deducted.

Just because you qualify to file a...

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