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Indiana Bankruptcy Questions & Answers

1 Answer | Asked in Bankruptcy for Indiana on

Q: How do I file an amendment to my bankruptcy schedules? I added a creditor that no longer needs to be on there

Timothy Denison answered on Apr 16, 2019

You file an amendment pleading in the bankruptcy identifying the creditor and indicating they have been paid snd no longer need to be listed

1 Answer | Asked in Bankruptcy for Indiana on

Q: There'€™s a creditor on my petition that ended up being paid off. Do I need to remove it? If so, how?

Timothy Denison answered on Apr 16, 2019

You can file an amendment to your petition correcting it.

2 Answers | Asked in Bankruptcy for Indiana on

Q: I have a court ordered judgement against me to pay $3000 for an eviction. I am now having to file for bankruptcy.

Can I include this judgement in my bankruptcy?

Timothy Denison answered on Mar 11, 2019

Absolutely.

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2 Answers | Asked in Bankruptcy for Indiana on

Q: My MIL has 10k in credit card debt (one card only) and has been on SS income for years. Should she file bankruptcy?

She lives in an assisted living facility and has no assets. She can no longer afford making payments and hasn't been for months. Is bankruptcy the only option? I don't know that she can afford to file.

Cristina M. Lipan answered on Feb 19, 2019

Creditors cannot get to her SSD income, and if she has no other assets she's pretty much "judgment proof." However, sometimes money from bank accounts are taken erroneously and you'll need to fight to get that money back. A lot of people file bankruptcy just to not deal with the hassle. Bankruptcy... Read more »

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3 Answers | Asked in Bankruptcy and Tax Law for Indiana on

Q: Will I lose my tax return??? Filed chapter 7

I filed chapter 7 last month and last week filed taxes. I do expect a decent tax return due to having kids. Debt was mostly medical Bill's. I was getting grief from a lawyer for one of my non medical Bill's debt (was a gym) and do have a student loan from a school closed due to school being... Read more »

Stuart Nachbar answered on Feb 14, 2019

The answer depends on if same was exempted out. Some states follow the federal exemptions and some go with State Exemptions. Talk to your counsel about same and make sure it was properly exempted out.

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1 Answer | Asked in Bankruptcy for Indiana on

Q: i can not find my paper work from 2013 and I am being sued by a credit card company now who sold my credit card to them.

Timothy Denison answered on Jan 30, 2019

Go to pacer.gov, set yourself up an account, and you should be able to recover and download whatever you need from your bankruptcy.

2 Answers | Asked in Bankruptcy for Indiana on

Q: I filled out the papers for bankruptcy can I file them January 2nd

Timothy Denison answered on Dec 29, 2018

Yes.

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1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for Indiana on

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

Can u file again chapter 7 get rid of credit cards again and stop the foreclosure too save my house and then maybe sell it in a few years. But mostly I don’t want too loose my house and it’s going so quickly, is chapter 7 best way too save house or I also see so much talk online about it being... Read more »

Timothy Denison answered on Dec 15, 2018

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.

2 Answers | Asked in Bankruptcy for Indiana on

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

Stuart Nachbar answered on Dec 7, 2018

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.

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1 Answer | Asked in Bankruptcy for Indiana on

Q: Can my home be taken from me.

My only asset is my home which is paid for. It's value is 150K. Other than my home I have no assets (cash etc). My spouse and I both are on SSDI. A medical emergency has left me 250K in debt. If I file bankrupcy can they take my home away from me?

Timothy Denison answered on Nov 15, 2018

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.

2 Answers | Asked in Bankruptcy for Indiana on

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

Timothy Denison answered on Oct 31, 2018

Chapter 7 is liquidation of personal or business debt. Chapter 11 is business reorganization.

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1 Answer | Asked in Bankruptcy for Indiana on

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

Timothy Denison answered on Oct 12, 2018

They are non dischargeable. You will still owe them.

1 Answer | Asked in Bankruptcy for Indiana on

Q: I have filed a petition for chapter 7 and have a court date in a couple of weeks. Will getting married effect this?

Will getting married a couple days prior to the court date effect the hearing?

Timothy Denison answered on Sep 22, 2018

Nozz

1 Answer | Asked in Bankruptcy for Indiana on

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

Timothy Denison answered on Sep 4, 2018

Not on a person Byron a piece of property.

2 Answers | Asked in Bankruptcy and Civil Rights for Indiana on

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

He has not been processed and yet to be picked up by Shelby Co. No bedding on concrete. How is this not a violation of due process?

Timothy Denison answered on Aug 20, 2018

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.

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2 Answers | Asked in Bankruptcy for Indiana on

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

to live very much longer my wife has serios spine issues we dont own no property what going to happen

Cristina M. Lipan answered on Aug 16, 2018

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.... Read more »

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1 Answer | Asked in Bankruptcy for Indiana on

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

Timothy Denison answered on Aug 8, 2018

Not completely, no.

1 Answer | Asked in Bankruptcy for Indiana on

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.

The house value is probably less because it does need several repairs. We'd like to keep our car to (still paying as we got it after our old car was totaled a few months ago.)

Timothy Denison answered on Jul 16, 2018

Depends on many factors, including equity in house. Contact a local bankruptcy attorney who can help you make the right decision.

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