Indiana Bankruptcy Questions & Answers

Q: Did chapter 7 in 2009 been paying my house since over 8 years now I’m slow at work , they are doing a foreclosure while

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for Indiana on
Answered on Dec 15, 2018
Timothy Denison's answer
You can file s Chapter 7 once every 8 years. Depending on your income, equity and financial situation, you may be able to do exactly what you propose.

Q: Is there any kind of debt I can't discharge in a bankruptcy?

2 Answers | Asked in Bankruptcy for Indiana on
Answered on Dec 7, 2018
Stuart Nachbar's answer
Usually tax claims, alimony, child support, and then some esoteric categories. Also remember that while a secured claim, like a bank loan for house and car, are discharged as to personal liability, they are not discharged as to the item itself.

Q: Can my home be taken from me.

1 Answer | Asked in Bankruptcy for Indiana on
Answered on Nov 15, 2018
Timothy Denison's answer
Yes, under certain circumstances. You need to consult a competent bankruptcy attorney to assess your financial situation and find the best course of action for you.

Q: What is the different between chapter 7 and 11?

2 Answers | Asked in Bankruptcy for Indiana on
Answered on Oct 31, 2018
Timothy Denison's answer
Chapter 7 is liquidation of personal or business debt. Chapter 11 is business reorganization.

Q: How will bankruptcy affect the student loans that I still owe?

1 Answer | Asked in Bankruptcy for Indiana on
Answered on Oct 12, 2018
Timothy Denison's answer
They are non dischargeable. You will still owe them.

Q: Can a mortgage company file a foreclosure on a person if they filed a chapter 7 and is closed

1 Answer | Asked in Bankruptcy for Indiana on
Answered on Sep 4, 2018
Timothy Denison's answer
Not on a person Byron a piece of property.

Q: My son was arrested in Marion County Saturday night for a warrant out of Shelby County. It is now Monday afternoon.

2 Answers | Asked in Bankruptcy and Civil Rights for Indiana on
Answered on Aug 20, 2018
Timothy Denison's answer
He has to be brought before the court to answer the warrant. If he is in another county, it usually takes 10-20 days for hectransfer.

Q: we are seniors we have a debt with discover card which they have filed suit against us i have stage 4 colon cancer not

2 Answers | Asked in Bankruptcy for Indiana on
Answered on Aug 16, 2018
Cristina M. Lipan's answer
They will probably get a judgment from the court, which means they can bring that to the Marshal/Sheriff who can search for and seize any assets you may have. Obviously, if you have nothing, there is nothing to take. However, keep in mind that this includes salary income and money in bank accounts. Certain income is exempt from creditors, like disability benefits, but it needs to be held in a separate bank account.

Q: Will filing for bankruptcy ever wipe out my student loans?

1 Answer | Asked in Bankruptcy for Indiana on
Answered on Aug 8, 2018
Timothy Denison's answer
Not completely, no.

Q: Can me and my husband keep our house? He makes 45 a year before taxes and we have a equity loan just under 38.

1 Answer | Asked in Bankruptcy for Indiana on
Answered on Jul 16, 2018
Timothy Denison's answer
Depends on many factors, including equity in house. Contact a local bankruptcy attorney who can help you make the right decision.

Q: I filed chapter 7, it was discharged, I'm still paying my mortgage but on my credit report it shows closed-derogatory

2 Answers | Asked in Bankruptcy for Indiana on
Answered on Jul 1, 2018
Tyler Cumbo's answer
If you have made your mortgage payments on time you should file a dispute and request the credit bureau to include an explanation on your report. Unless you signed a reaffirmation agreement that was approved by the Court the lender will not report anything to the credit bureau. If you did not sign such an agreement you may want to ask that the debt be reported as included in your bankruptcy but that you have made your payments on time.

Q: i am in active bankruptcy and my landlord typed a letter of eviction to be out in two weeks can she do this

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Indiana on
Answered on Jun 21, 2018
Alexander Florian Steciuch's answer
No. If you are behind on rent your landlord may post what is called a 10 day notice to pay up or quit the premises. That gives you notice that if you do not make your rent current within 10 days then she has the right to file for an eviction. Landlords in Indiana are required to post this notice before filing for an eviction unless you waived this requirement in your lease.

If your landlord wants to legally remove you from the property she must obtain an eviction order from the local...

Q: I filed for bankruptcy and just got a job offer for work that pays more than I make now. It won't be enough to alleviate

2 Answers | Asked in Bankruptcy for Indiana on
Answered on Jun 18, 2018
Stuart Nachbar's answer
If you filed a chapter 7, then no worries as it looks at income at the time you filed. If a chapter 13, talk to your attorney due to plan payments

Q: Can I file student loan bankruptcy? Our 5 yr. old son is autistic, the cost of treatment has been astronomical.

1 Answer | Asked in Bankruptcy for Indiana on
Answered on May 31, 2018
Timothy Denison's answer
While the student loans are generally not dischaegeable, you can file and ask the court to consider your circumstances and the undue hardship. They could be reduced but not likely completely discharged.

Q: In 2012, I purchased a voucher, on sale, for a digital photo-to-canvas transfer. The voucher says that the promotional

1 Answer | Asked in Bankruptcy and Consumer Law for Indiana on
Answered on May 10, 2018
Timothy Denison's answer
EVEN THOugh the middleman declared bankruptcy, the company is still liable for the service sold bc they were the one providing it. They owe you the paid value of the voucher, in whatever form that may be.

Q: going thru ch. 13 built in 1 year delinquent property tax into payment. cant keep up with current tax and penalties.

1 Answer | Asked in Bankruptcy for Indiana on
Answered on Apr 21, 2018
Timothy Denison's answer
Convert to a Vhapter 7 and liquidate all debt.

Q: I have two credit cards. Do I have to list them both and lose them? Or can I keep one of them?

2 Answers | Asked in Bankruptcy for Indiana on
Answered on Apr 12, 2018
Dean Paolucci's answer
For the most part, a bankruptcy is an "all or nothing" proposition, meaning you have to give up all your credit cards and unsecured debts in exchange for the debts being wiped out.

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