Lawyers, Answer Questions  & Get Points Log In

Idaho Bankruptcy Questions & Answers

1 Answer | Asked in Bankruptcy for Idaho on

Q: In a chapter 7 before discharge after 341 meeting can I finance a care without asking the trustees

I had my 341 meeting in April, last week the front end went out in my Jeep so I financed a cheap car now I am hearing contradictory information stating that it was ok that I did that and others saying I needed to ask permission first, which is true?

Stuart Nachbar answered on May 6, 2019

You should.always check with the trustee before doing that

1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Idaho on

Q: debt collection cases

Kevin M Rogers answered on Oct 15, 2018

All debt collection STOPS as soon as you file ANY chapter in bankruptcy. If you’re behind on a car payment and you file bcy the collection against you will stop immediately. Same with a house if you’re behind on your mortgage. However the collection on these two kinds of debts will start again... Read more »

2 Answers | Asked in Bankruptcy for Idaho on

Q: Filed ch 13 recently but case has not confirmed yet. We're wanting to sell our home and use the equity

To pay necessary debts included in the 13 and move

Timothy Denison answered on Sep 16, 2018

Make a motion to voluntarily dismiss the bankruptcy and then you will be free to do so.

View More Answers

1 Answer | Asked in Bankruptcy for Idaho on

Q: Can trustee come after our home almost a year after the BK discharge? Is there no statute of limitation?

BK was discharged late 2017. We have a property in Mtn Home that the title company made a clerical error on recording the deed and so the trustee was going after that house before the BK discharge. We went to the trustee hearing and he mentioned nothing regarding the home we are living in. Almost a... Read more »

Timothy Denison answered on Aug 31, 2018

You need to hire a competent bankruptcy attorney to defend this action. If there was no fraud on your part or on the petition, you can likely prevail.

1 Answer | Asked in Business Law and Bankruptcy for Idaho on

Q: My son and I own a wine bar under an LLC. We fell behind on rent and our landlord tells us he will take all our assets

and we must finish paying on our lease for another 6 months. Can we file for bankruptcy and would it be helpful

Michael Hales answered on Dec 23, 2017

I would speak with an attorney as soon as possible because the solution will be very specific to your situation. In general, the landlord may be able to utilize company assets to collect on unpaid rent. Bankruptcy may be an option, but depending on which chapter you file, if the value of the assets... Read more »

1 Answer | Asked in Bankruptcy for Idaho on

Q: If you file for bankruptcy is that info available to the public?

Nels Hansen answered on Apr 24, 2017

Yes. It is public record that you have filed. Anyone with a pacer account or who wants to go to the courthouse can view not only the fact that you filed but your schedules as well. Bankruptcy filings are not typically reported in your local paper (you can check and see) unless you are famous or... Read more »

1 Answer | Asked in Bankruptcy for Idaho on

Q: If I don't know whether I should file or not. Is there a place where I can get free counseling or free help?

Bankruptcy

Kevin W. Chern Esq. answered on Sep 14, 2015

Before you file for bankruptcy, you must complete credit counseling. The purpose of this requirement is to help you determine whether or not there are other viable options for you. You can find a list of approved agencies here:... Read more »

1 Answer | Asked in Bankruptcy for Idaho on

Q: 3 years ago I took out chapter 7. I included a rental property. Its been 3 years now and the bank just started the

Forcloser. I received a bill from the city saying I owe them for maintenance on the yard. Do I owe this debt?

Terrence H Thorgaard answered on Sep 10, 2015

You say this was a rental property. Do you mean that you own it and were renting it to someone else (and somehow retained ownership post-bankruptcy), or that you were living in it and renting it from someone? If you had rights to the property after the bankruptcy discharge yes, you owe for... Read more »

1 Answer | Asked in Bankruptcy for Idaho on

Q: 3 years ago I took out chapter 7. I included a rental property. Its been 3 years now and the bank just started the

Forcloser. I received a bill from the city saying I owe them for maintenance on the yard. Do I owe this debt?

Robert Gambrell answered on Sep 9, 2015

Until the bank completes the foreclosure, you are the owner of the property. As a result, you are responsible for maintaining the property. This is the reason I recommend to my clients that they stay in the home until the bank forecloses. If the property is a rental, I recommend to my clients... Read more »

1 Answer | Asked in Bankruptcy for Idaho on

Q: If a joint property owner files bankruptcy and the primary is not informed and than sued, what are my options?

I added a person to my deed of property under promise of marriage after four years. He in turn abandonds myself and property three months later. He has recently filed bankruptcy and listed my property. He was able to keep his seperate home and now the lawyers are trying to make me sale mine to pay... Read more »

Robert Gambrell answered on Aug 28, 2015

You have a problem. A chapter 7 trustee may be entitled sell the entire parcel and give you your half of the net proceeds unless you purchase the half interest that the chapter 7 trustee has in the property.

You need to contact an experienced bankruptcy attorney ASAP. You can search for...
Read more »

1 Answer | Asked in Bankruptcy for Idaho on

Q: I requested my chapter 13 dismissed to handle debts now. Can I buy a car with cash before dismissal is final?

Andrew Bresalier answered on Jan 27, 2014

You can, but unless you are purchasing the vehicle with cash, you maybe in trouble, as the likelihood of anyone granting you credit is not likely.

1 Answer | Asked in Bankruptcy for Idaho on

Q: An airline based in Idaho filed bankruptcy and I had unused tickets. Can I file a claim in Idaho or where?

Andrew Bresalier answered on Jan 27, 2014

You file your claim at the District Court where the Bankruptcy case is pending.

1 Answer | Asked in Bankruptcy for Idaho on

Q: Does trustee use any social security income in computing a persons total income when qualifying for a chapter 7-13

Andrew Bresalier answered on Jan 27, 2014

Social Security is not calculated in the Means Test; however, it can be used in the preparation of Schedules I and J.

1 Answer | Asked in Bankruptcy for Idaho on

Q: I filed chapter 7 bankruptcy, it has been discharged. my attorney advised me to not reaffirm my home loan

Andrew Bresalier answered on Jan 27, 2014

Sometimes this is a good strategy. This protects you from the possibility of future liability in the event you default. On the flip side, your favorable payment history is not reported to the credit bureaus.

1 Answer | Asked in Bankruptcy for Idaho on

Q: How long can a Trustee hold a Discharged Bankruptcy open in Idaho?

Andrew Bresalier answered on Jan 27, 2014

Indefinitely; however, I would suggest you find out the specific reason and seek to cure the issue.

1 Answer | Asked in Bankruptcy for Idaho on

Q: I AM BEING SUED FOR A CREDIT CARD BILL FROM 13 YEARS AGO HOW DO I DISPUTE THIS

Andrew Bresalier answered on Jan 27, 2014

This is not a bankruptcy question; however, it sounds like the Statute of Limitations has expired. I would suggest you speak with an attorney in your area and/or do a Motion to Dismiss, citing the Statute of Limitations. Keep in mind that the counting of the toll date goes from the last payment,... Read more »

1 Answer | Asked in Bankruptcy for Idaho on

Q: I'm listed as a claimant on a bankruptcy - how do I get a copy of the filing

Andrew Bresalier answered on Jan 27, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Idaho on

Q: How do i find someone who is filing bankruptcy

Andrew Bresalier answered on Jan 27, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Idaho on

Q: I made a mistake when i filed CH 7, So,at Creditors meeting,I just found out i filed blank Sch C, what to do??

I don;t know, i called the clerk at the court, but she said ask the trustee, they said I left SCH C totally blank, but, it was amended-How do i correct this? Is there a court form, or amendment i can file, even tho it is after my creditor meeting?

Andrew Bresalier answered on May 30, 2012

You can still file an amendment. File an Amended Schedule C, along with a Declaration. These are standard forms, the same as you originally used, just add the word "Amended".

1 Answer | Asked in Bankruptcy for Idaho on

Q: My ex filed do i become resposible for the debt

Andrew Bresalier answered on Jan 9, 2012

Only if you were joint on the account(s).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.