Indiana Bankruptcy Questions & Answers
Q: Can a medical malpractice claim be made if the hospital is in bankruptcy?
Yes.
Q: How do I file an amendment to my bankruptcy schedules? I added a creditor that no longer needs to be on there
You file an amendment pleading in the bankruptcy identifying the creditor and indicating they have been paid snd no longer need to be listed
Q: There's a creditor on my petition that ended up being paid off. Do I need to remove it? If so, how?
You can file an amendment to your petition correcting it.
Q: Do I continue paying creditors that will be discharged after submitting my ch 7 paperwork?
No.
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?
Absolutely.
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.
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 »
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 »
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.
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.
Go to pacer.gov, set yourself up an account, and you should be able to recover and download whatever you need from your bankruptcy.
Q: I filled out the papers for bankruptcy can I file them January 2nd
Yes.
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 »
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?
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.
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?
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?
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?
They are non dischargeable. You will still owe them.
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?
Nozz
Q: Can a mortgage company file a foreclosure on a person if they filed a chapter 7 and is closed
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.
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?
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
to live very much longer my wife has serios spine issues we dont own no property what going to happen
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 »
Q: Will filing for bankruptcy ever wipe out my student loans?
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.
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.)
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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