I know each filer has $400 allowed in the account, but can we exempt our tax refund with the wildcard exemption?
If you use the Federal exemptions, and do not use the "wild card" on other property, yes.
And pursuant to Indiana Code Title 34. Civil Law and Procedure § 34-55-10-2(c)(11), your income tax refund should be exempt as well.
I'm in PA, and bankruptcy debtors can choose... Read more »
Medical and Credit Card bills pilling up. I was recently in hospital last month for diabetes and high blood pressure. Do not want the stress of creditors calling me, sueing me and wage garnishment when I return to work. Trying file Chapter 7 before returning to work. Do not want have file for... Read more »
Doing your own Chapter 7 is roughly equivalent of doing your own appendectomy.
Have you talk to a Bankruptcy lawyer. There are now methods to pay for the 7 after filing, but what's the rush? Wait until ALL THE MEDICAL BILLS ARRIVE. Providers are notorious for taking their time bill... Read more »
I was told that the stimulus payments were exempt and could be kept, but will the additional $300 in unemployment income be safe as well? For example, if I receive $3,000 in unemployment income, am I allowed to have that in the bank account when I file? We are filing after we receive our tax... Read more »
The tax refund is not exempt on it's own, but there's a federal wildcard exemption of $11,000 you may be able to use, depending on your other assets. You need to speak to an attorney to review all your financial details and advise you about what will be exempt.
I paid the back mortgage payments up that my attorney had me miss to create debt. The plan now only has credit and vehicle.
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.
I filed in 2010 and my case was closed in 2011
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 »
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 »
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.... Read more »
It will not. Since you live separately, the spouses income doesn’t have to be included.
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 »
You can give the car back and walk away. Unless you’ve signed the read, you can walk away owing nothing.
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 »
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.
Only to the extent of your homestead exemption ( and your spouses iexemption if filing too).
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?
Stimulus check should come directly to your bank account.
Yes, if you meet all the requirements.
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
I have received an email and a modification to my credit report.
No, bc it is not an attempt to collect a debt.
Yes. Within a few days to a week.
What is your question?
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 »
You simply need to file a motion in the divorce to hold him in contempt for non-payment.
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 »
If they obtained the default after you filed bankruptcy, then you may have a claim.
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?
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.
Likely no, bc the child support liens are senior. Consult an experienced attorney who can help you protect the property.
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