Idaho Bankruptcy Questions & Answers

Q: debt collection cases

1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Idaho on
Answered on Oct 15, 2018
Kevin M Rogers' answer
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 as soon as the collector can get the court’s permission.

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

2 Answers | Asked in Bankruptcy for Idaho on
Answered on Sep 16, 2018
Timothy Denison's answer
Make a motion to voluntarily dismiss the bankruptcy and then you will be free to do so.

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

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Aug 31, 2018
Timothy Denison's answer
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.

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

1 Answer | Asked in Business Law and Bankruptcy for Idaho on
Answered on Dec 23, 2017
Michael Hales' answer
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 exceeds the debts, the landlord will get it anyway. You could try to restructure to the debt, but this may be done outside of bankruptcy court through negotiation. Like I said, I'd recommend having...

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

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Apr 24, 2017
Nels Hansen's answer
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 infamous. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.

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?

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Sep 14, 2015
Kevin W. Chern Esq.'s answer
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: http://www.justice.gov/ust/list-credit-counseling-agencies-approved-pursuant-11-usc-111

Many offer services for a nominal fee, and in some cases fee waivers are available.

In addition, many consumer bankruptcy attorneys offer a free initial consultation....

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

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Sep 10, 2015
Terrence H Thorgaard's answer
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 expenses associated with the property.

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

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Sep 9, 2015
Robert Gambrell's answer
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 that they continue to rent the property until the foreclosure is completed, but that the rental be on a month to month basis.

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

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Aug 28, 2015
Robert Gambrell's answer
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 an attorney using the Justia "Find a Lawyer" link at the top of this page.

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

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Jan 27, 2014
Andrew Bresalier's answer
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.

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

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Jan 27, 2014
Andrew Bresalier's answer
You file your claim at the District Court where the Bankruptcy case is pending.

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

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Jan 27, 2014
Andrew Bresalier's answer
Social Security is not calculated in the Means Test; however, it can be used in the preparation of Schedules I and J.

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

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Jan 27, 2014
Andrew Bresalier's answer
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.

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

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Jan 27, 2014
Andrew Bresalier's answer
Indefinitely; however, I would suggest you find out the specific reason and seek to cure the issue.

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

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Jan 27, 2014
Andrew Bresalier's answer
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, so even if the debt is 13 years old, if you made a payment since then, it goes from the payment date.

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

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Jan 27, 2014
Andrew Bresalier's answer
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

Q: How do i find someone who is filing bankruptcy

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Jan 27, 2014
Andrew Bresalier's answer
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

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??

1 Answer | Asked in Bankruptcy for Idaho on
Answered on May 30, 2012
Andrew Bresalier's answer
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".

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

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Jan 9, 2012
Andrew Bresalier's answer
Only if you were joint on the account(s).

Q: My ex filed bankruptcy, we still had some joint accounts. do i become responsible for the whole balance or just my half

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Jan 9, 2012
Andrew Bresalier's answer
Unfortunately, the whole balance. Unless as part of your Divorce your Ex was to be responsable and it held that this was in the nature of support, then you can seek indeminification.

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