Indiana Bankruptcy Questions & Answers

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

2 Answers | Asked in Bankruptcy for Indiana on
Answered on Feb 19, 2019
Cristina M. Lipan's answer
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 is her best solution. If she files bankruptcy, she no longer has to make those payments, so the money used to pay monthly minimum amounts can instead be used for attorneys fees. There are some legal...

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

3 Answers | Asked in Bankruptcy and Tax Law for Indiana on
Answered on Feb 14, 2019
Stuart Nachbar's answer
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.

1 Answer | Asked in Bankruptcy for Indiana on
Answered on Jan 30, 2019
Timothy Denison's answer
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: 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...

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