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Indiana Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Civil Litigation for Indiana on
Q: I'm being sued for a lemon car from two years ago, I have court on July 19th.my wife and I would like to file bankruptcy
James L. Arrasmith
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answered on Jun 30, 2024

Based on the situation you've described, here are some key points to consider:

1. Timing: With your court date on July 19th and your desire to file bankruptcy, you should act quickly.

2. Automatic stay: Filing for bankruptcy typically triggers an automatic stay, which can halt...
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1 Answer | Asked in Bankruptcy for Indiana on
Q: I filed chapter seven bankruptcy and I did not reaffirm my mortgage . I make my payments electronically and are current

Can I report them myself with a bank statement

James L. Arrasmith
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answered on Jun 5, 2024

Yes, you can report your mortgage payments yourself using your bank statements as proof of payment, even if you did not reaffirm your mortgage during your Chapter 7 bankruptcy. Here's what you can do:

1. Obtain your bank statements showing the mortgage payments you have made since your...
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1 Answer | Asked in Bankruptcy for Indiana on
Q: I have filed bankruptcy chapter 13. My attorney has failed to keep me current on documents needed and a court date. It

appears to the trustee that I have failed to comply. I would like to fire my attorney, but I have already paid quite a bit to the trustee. I don't know what to do.

James L. Arrasmith
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answered on May 21, 2024

I understand that you're in a difficult situation with your Chapter 13 bankruptcy case. Here are some steps you can consider:

1. Communicate with your attorney: Before taking any drastic measures, try to discuss your concerns with your attorney. Explain the issues you're facing...
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3 Answers | Asked in Bankruptcy for Indiana on
Q: How can I retrieve my Chapter 7 discharge letter
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 30, 2024

When you have completed the bankruptcy process in your case, an Order of General Discharge (discharging you of all "dischargeable debts", etc.) is entered by the Court, not a "letter".

Your bankruptcy case, and most of the documents, including your Discharge Order, are...
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3 Answers | Asked in Bankruptcy for Indiana on
Q: How can I retrieve my Chapter 7 discharge letter
James L. Arrasmith
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answered on Apr 4, 2024

Here are the steps to retrieve your Chapter 7 bankruptcy discharge letter:

1. Contact the bankruptcy court where your case was filed. Look up the court's website or call the clerk's office for instructions. You'll need to provide your full name, case number, and last 4 digits...
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2 Answers | Asked in Bankruptcy for Indiana on
Q: I filed for bankruptcy with a bankruptcy lawyer 10/28/22. I still do not have a case number, is this typical?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 15, 2023

No, certainly not "normal", if in fact a case was filed by your lawyers.

You can use Pacer, an online court information site, to determine whether a case has actually been filed.

Or, you can visit your bankruptcy lawyers office and demand to see a court-stamped...
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2 Answers | Asked in Bankruptcy for Indiana on
Q: what can i do if my ex wife filed bankruptcy without me knowing while married and didnt let me buy in to the bankruptcy

she did this with the intent to stick me with the remaining debt

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 29, 2023

There are a host of issues in what little you report as facts.

Did she file for bankruptcy herself, or did she also name you?

What chapter of bankruptcy relief did she choose?

Were you listed as a potential creditor, and did you receive notice from the court clerk of the...
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3 Answers | Asked in Bankruptcy and Family Law for Indiana on
Q: Hello, I am wondering, Can I sell my home in my name to my spouse if I plan on filing bankruptcy within a few months

We are recently separated, AND it would be for what is currently owed.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 15, 2023

Ms. Lipan's answer is correct, I think, as far as it goes.

Yes, for bankruptcy purposes (and some Indiana state laws), the amount you receive for your interest in property needs to be the fair/market value (and be able to prove that).

But there is another field of law to...
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1 Answer | Asked in Bankruptcy for Indiana on
Q: Hello I wanted to know what the qualifications are for filing bankruptcy also how much it cost
Timothy Denison
Timothy Denison
answered on Dec 18, 2023

Varies greatly from jurisdiction to jurisdiction but you have to have debt that you cannot pay and do not have sufficient assets and/or income to pay. Chapter 7 can cost anywhere roughly from $500 to about $3,500, depending on complexity of issues snd creditors.

1 Answer | Asked in Bankruptcy for Indiana on
Q: am i authorized to work at amazon with i-94 ?
Timothy Denison
Timothy Denison
answered on Sep 21, 2023

Yes.

1 Answer | Asked in Bankruptcy and Contracts for Indiana on
Q: What does this mean? It is ordered that the motion to Avoid Judicial Lien as to DATA is denied without prejudice.

DATA won a lawsuit against and individual for breach of contract. DATA won over $300,000 to be paid by individual. He never paid and within a year filed for bankruptcy. Today received a letter from United States Bankruptcy Court Southern District of Indiana an Order denying Motion to Avoid Lien... View More

Timothy Denison
Timothy Denison
answered on Jul 19, 2023

DATA has apparently liened up some of the debtors property. The debtor sought to strip the creditors lien off his property but the court denied the motion to do so.

1 Answer | Asked in Bankruptcy and Divorce for Indiana on
Q: My husband and I are legally married but living separately and plan to divorce. He is filing bankruptcy. Ruin my credit?

None of the credit cards are in my name but I am an authorized user. I was unemployed for the duration of our marriage.

Timothy Denison
Timothy Denison
answered on Jul 13, 2023

No. Your credit will not be affected if you are only an authorized user. Unless the account is in your name, you should be unaffected by his filing.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Do I have to report a cash gift to my trustee during chapter 13
Timothy Denison
Timothy Denison
answered on May 5, 2023

Technically, yes, but it really depends on how much the gift was and whether you are in a 100% repayment plan or not.

1 Answer | Asked in Bankruptcy and Divorce for Indiana on
Q: She told her attorney that we were legallly separated at the time , ( false statement ) are there consequences

If she lied to gain the upper hand to stick me with said debt what are the penalties for doing such

Timothy Denison
Timothy Denison
answered on Mar 29, 2023

If she made misrepresentations to the Court, she could be in contempt of court if you can prove she lied.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Filed bankruptcy was hit by semi trustee settled case. All paid including lawyers how long can trustee hold remaining fu

Funds as the case is closed

Timothy Denison
Timothy Denison
answered on Feb 25, 2023

Varies but probably 60-90 days after discharge.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I'm on disability and have alot of debt . I keep getting taken to court and payment arrangements made which I can't affo

Can they do anything to me about my debts and should I file bankruptcy?

Timothy Denison
Timothy Denison
answered on Jun 30, 2022

It sounds as though you may need to file bankruptcy but you should discuss with a competent bankruptcy lawyer as to your options before you decide.

1 Answer | Asked in Bankruptcy, Collections, Landlord - Tenant and Small Claims for Indiana on
Q: Can I fight judgement interest if I wasn't notified of the judgement?

I received proceedings supplemental in May of this year for $9000 the original judgement was for $6000 dollars. I had no idea about the judgment as I was never served papers and never notified of any judgement against me. Will I be able to fight the interest accrued?

Timothy Denison
Timothy Denison
answered on Jun 30, 2022

If you were not served, yes. Otherwise, likrly not.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I filed joint bankruptcy before it was finished I got in trouble went to prison did not finish personal management class

I was dismissed from the case how do I reopen it and get my bankruptcy finished

Timothy Denison
Timothy Denison
answered on Feb 24, 2022

Do the class, then make a motion to reopen and file the certificate.

2 Answers | Asked in Bankruptcy, Consumer Law, Foreclosure and Banking for Indiana on
Q: if I am being sued in Indiana, and did not make a court appearance can that court issue a warrant for contempt of court
David Luther Woodward
David Luther Woodward
answered on Feb 21, 2022

You failed to say which or what kind of court, what kind of notice for court appearance or any details from which an answer can be derived.

Try again.

Thanks

d

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1 Answer | Asked in Bankruptcy and Tax Law for Indiana on
Q: I just got my tax refund. I live in Indiana and am currently in bankruptcy. I spent some of the money.

I didn't show my trustee first. Will I be in trouble

Timothy Denison
Timothy Denison
answered on Feb 19, 2022

You should consult your bankruptcy attorney regarding the Indiana protocol for handling tax refunds

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