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Idaho Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Idaho on
Q: So I applied for chapter 7 bankruptcy and had to switch to a chapter 13 because of an asset

My lawyer sent everything in and was waiting for a date for the meeting of creditors which I got and last week I got a letter that says a notice of hearing on trustees motion to dismiss.. on my online account where I signed up to do the payments it says I have my meeting on Wednesday but this... Read more »

Timothy Denison
Timothy Denison answered on Sep 14, 2020

Listen to your lawyer and follow his advice.

1 Answer | Asked in Bankruptcy for Idaho on
Q: Why is it legal for a trustee to drop your case ( dismissing) returning my debt, and still take your assets?

Bankruptcy chapter 7 if my lawyer never responded to the trustee seeing me for my taxes and is now taking away an assets is there a way to stop them? What are my legal right in this case? Can I try to negotiate two cars for the asset I’m loosing (trailer). Or what is the proses of rebuying the... Read more »

Timothy Denison
Timothy Denison answered on Aug 6, 2020

See answer to previous question.

1 Answer | Asked in Bankruptcy for Idaho on
Q: If a trustee files a motion to dismiss your case why is it legal for them to still take away your assets?
Timothy Denison
Timothy Denison answered on Aug 6, 2020

It is permitted under the US Code in certain circumstances as a sanction or punishment for actions such as fraud or noncompliance.

1 Answer | Asked in Bankruptcy for Idaho on
Q: Are older real estate property tax debts without a Leon discharged in chapter 7 in Idaho?
Kevin M Rogers
Kevin M Rogers answered on Jul 20, 2020

Whether the property has a loan or not is not the question. The Bankruptcy Court will NOT determine if a tax debt for property is "dischargeable" or not. Your bankruptcy attorney will do that and advise you. Section 502(c) says:

(C) the amount or legality of any amount arising...
Read more »

2 Answers | Asked in Bankruptcy for Idaho on
Q: Will a trustee want to investigate the source of a "gift " provided to payoff a ch 13 early . How much investigation?
David Luther Woodward
David Luther Woodward answered on Jun 30, 2020

I think it totally depends on the amount, the age of the case, and the trustee. Talk to you lawyer about this.

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1 Answer | Asked in Bankruptcy for Idaho on
Q: I filed for chap 7 and forgot to list an asset that i signed for but not mine It’s worth 6k do I need to pay 6k to keep

I just want to know if I do have to pay the amount it’s worth if I have a time limit to pay or it I’ll have a payment plan? I need to surrender my taxes and come up with 6k and I don’t have the money for that so I need to know if I need to change to chapter 13 or cancel my bankruptcy

Timothy Denison
Timothy Denison answered on Apr 1, 2020

These questions are very case specific and should be answered by your bankruptcy attorney. If you are not the owner and it belongs to someone else. You should not have to pay. You should however, amend your schedules to add it, claim an exemption for it, and be prepared to didcusd it with the... Read more »

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
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
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
Timothy Denison answered on Sep 16, 2018

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

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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
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
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
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.
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
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
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
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
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
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
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
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.

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