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Indiana Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Indiana on
Q: Do you have to ask the trustee to sell your house in a chapter 13 and your house is not included?

I paid the back mortgage payments up that my attorney had me miss to create debt. The plan now only has credit and vehicle.

Stuart Nachbar
Stuart Nachbar answered on Oct 27, 2020

Yes you need to get permission from the trustee to sell the asset, and you may have to turn over the proceeds from the sale, if any, to the trustee to satisfy the Chapter 13 Plan.

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1 Answer | Asked in Bankruptcy and Business Formation for Indiana on
Q: How can I get information on my bankruptcy records from 2010-2011

I filed in 2010 and my case was closed in 2011

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 14, 2020

Google pacer.com, and sign up It's free. Then go to bankruptcydata.com, and click on "free resources in the upper right of the opening page. It will give you a list of all the bankruptcy court websites. Click on Indiana, then choose the Indiana "ecf" site. You will need the... Read more »

1 Answer | Asked in Bankruptcy for Indiana on
Q: The trusteee objects to my claiming 100% of FMV on my tenancy by entirety home and wants to sieze $2900 in FPUC funds

I am Pro se. In Sched A/B on some items I claimed 100% of FMV instead of an specific amount. The trustee has moved to invalidate Schedules A/B and C which also has a tennency by the entirety exemption. Also I claimed a tangible wildcard exemption on $3000 in bank accounts and not the $400... Read more »

David Luther Woodward
David Luther Woodward answered on Aug 4, 2020

Now is the time for you to get a lawyer!

The trustee's objections are probably not well founded, but the law is tricky and something about which you appear to be initiated. Tenants by the entireties is a proper exemption if the underlying facts are there. You need a proper analysis....
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1 Answer | Asked in Bankruptcy for Indiana on
Q: I have started the process to file ch 7 bankruptcy. I'm married, but live separately. How will it effect them?
Timothy Denison
Timothy Denison answered on Jul 26, 2020

It will not. Since you live separately, the spouses income doesn’t have to be included.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can give my car back to my creditor going through a bankruptcy?

I recently file for chapter 7 and I decided to keep my car. I was supposed to reaffirm with my car loan folks but I changed my mind because I want to get another car. Im a month behind on my car payments. Can I retroactively place my car in bankruptcy How can get out of this situation without the... Read more »

Timothy Denison
Timothy Denison answered on Jun 1, 2020

You can give the car back and walk away. Unless you’ve signed the read, you can walk away owing nothing.

1 Answer | Asked in Real Estate Law, Bankruptcy and Intellectual Property for Indiana on
Q: Can the trustee of Chapter 13 take money from insurance company after my neighbors house exploded totaling out my house?

I filed Chapter 13 Bankruptcy in January of 2019 and have been making payments. In May of 2019 my neighbors house exploded condemning my house unlivable. The insurance company paid out $115,000 to repair the house totaling it out and said if I tear it down and rebuild it they will give $25,000 more... Read more »

Timothy Denison
Timothy Denison answered on May 24, 2020

You need a bankruptcy attorney ASAP to clean this up for you and to protect your interests. The trustee shouldn’t be able to hijack all your money from the house.

2 Answers | Asked in Bankruptcy for Indiana on
Q: If joint tenants w rights of survivorship in indiana, is house protected in ch 7 bankruptcy?
Timothy Denison
Timothy Denison answered on May 15, 2020

Only to the extent of your homestead exemption ( and your spouses iexemption if filing too).

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1 Answer | Asked in Bankruptcy for Indiana on
Q: My tax return went to my attorneys office in the form of a check due to bankruptcy. Will my stimulus check do the same?

I filed in sept 2019 and it was discharged in Jan 2020 however when I filed my taxes and indicated direct deposit the IRS sent my refund to my attorneys office in the form of a check. Will it be the same for this stimulus check or will it be direct deposited as indicated on my tax return?

Timothy Denison
Timothy Denison answered on Apr 13, 2020

Stimulus check should come directly to your bank account.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I have a open bankruptcy case will I still receive my stimulus check
Timothy Denison
Timothy Denison answered on Apr 13, 2020

Yes, if you meet all the requirements.

2 Answers | Asked in Bankruptcy for Indiana on
Q: My ch7 discharged in July 19'. Willl the trustee take my stimulus check?
Stuart Nachbar
Stuart Nachbar answered on Apr 11, 2020

If your bankruptcy was discharged, meaning an order of discharge was entered and usually closed after its entry, then the trustee cant reopen to take stimulus check. ALSO, it is a post petition asset, so it should be no issue

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Is reporting on my credit report after automatic stay in violation of the stay.

I have received an email and a modification to my credit report.

Timothy Denison
Timothy Denison answered on Mar 27, 2020

No, bc it is not an attempt to collect a debt.

1 Answer | Asked in Bankruptcy for Indiana on
Q: In a chapter 7 BK if I select surrender for my auto. When can the creditor come get my vehicle. Right away?
Timothy Denison
Timothy Denison answered on Mar 3, 2020

Yes. Within a few days to a week.

1 Answer | Asked in Bankruptcy and Family Law for Indiana on
Q: Can I sue my ex-husband for a joint debt he was supposed to be responsible for if he files for Chapter 11 bankruptcy?

I just found out my ex-husband is filing Chapter 11 bankruptcy. A credit card that he agreed to pay at the time of our divorce (6 years ago) is included in his filing. I understand the creditor has the right to collect the debt from me, despite the divorce decree. Can I pay the debt and sue him for... Read more »

Timothy Denison
Timothy Denison answered on Feb 27, 2020

You simply need to file a motion in the divorce to hold him in contempt for non-payment.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Filed Chap 13 on Dec 28th, 2016. CreditBureau report says Calvary LLC debt buyer/collector placed 2880$ in collection

Jan 17th 2017. Original creditor was syncrhony in the Chap 13 filing not Calvary. Can they place me in collection while bankruptcy was active? We dismissed Chap 13 ourselves in March of 2017. So I realize once Chap 13 protection was gone we would deal with all our creditors and make... Read more »

Timothy Denison
Timothy Denison answered on Feb 20, 2020

If they obtained the default after you filed bankruptcy, then you may have a claim.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I am from Indiana and want to know if I file bankruptcy will they make me sell my house.

My sister's family owns 4/5th of the house and I own 1/5th I need to file bankruptcy on about $66000 in credit cards but I don't want to loose the house of my parents. Will I have to sell the house to file bankruptcy?

Timothy Denison
Timothy Denison answered on Feb 8, 2020

It depends on the value and equity in the house and whether you can protect the equity with your exemptions. Consult a competent bankruptcy practitioner before you do anything.

1 Answer | Asked in Bankruptcy and Child Support for Indiana on
Q: If my husband files chapter 7 and he has a lien on his cars from child support, will they take the cars?
Timothy Denison
Timothy Denison answered on Feb 3, 2020

Likely no, bc the child support liens are senior. Consult an experienced attorney who can help you protect the property.

1 Answer | Asked in Bankruptcy and Child Support for Indiana on
Q: If my husband files chapter 7 will they take the vehicle that's paid off, but has a lien on the title from child support
Timothy Denison
Timothy Denison answered on Feb 3, 2020

No. The child support lien makes child support the senior lien.

1 Answer | Asked in Bankruptcy for Indiana on
Q: bankruptcy. will it cover USDA Operating Loan? Am I able to file single (not joint with husband). all debt in my name.

I am currently in treatment for a stroke and cancer. Unable to work.

Timothy Denison
Timothy Denison answered on Jan 24, 2020

The USDA loan will probably be non-dischargeable. You can file separately without your husband.

1 Answer | Asked in Bankruptcy for Indiana on
Q: How does $0 down chapter 7 work? Is the $0 down misleading?
Timothy Denison
Timothy Denison answered on Jan 18, 2020

You sign the contract after the bankruptcy is filed, making it a non dischargeable post petition debt. It is not misleading at all. You are not required to pay any attorney fee until after the bankruptcy is filed.

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