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Indiana Bankruptcy Questions & Answers
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

1 Answer | Asked in Banking, Bankruptcy and Federal Crimes for Indiana on
Q: Filing for bankruptcy Found out the law firm we went to was bad so we went to cancel. Now being charged way to much.

We went to file for bankruptcy and we were supposed to only pay 100 a month til completion before they filed we've only paid for one month. We found out the company wasn't very good so we tried to cancel. Now they are trying to charge us over 600 dollars something we never ever agreed to.... View More

David Luther Woodward
David Luther Woodward
answered on Feb 10, 2022

Their argument will be that they have provided you that value in services. You should go to a new lawyer. Exercise your due diligence before you go--seek referrals from your local or statewide lawyer referral service.

BTW, that amount appears to be subject to discharge when you file....
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1 Answer | Asked in Bankruptcy for Indiana on
Q: I have filed chapter7 bankruptcy, got discharge, got abandonment,sisters own home, can they take it now, trustee is

Saying now a creditor wants to object, the state says my house is worth 49,000 that’s what was put in the bankruptcy, their appraiser is saying it is worth 77,000

Timothy Denison
Timothy Denison
answered on Feb 9, 2022

Likely the discharge will stand, especially if it has already been granted.

2 Answers | Asked in Bankruptcy, Real Estate Law and Landlord - Tenant for Indiana on
Q: If property sold to me has a shed with a lien on it and property sold as is, is the shed mine?

Co owner financed shed, filed chapter 7, property sold to me as is by trustee. Can co owner now remove said shed? Shed was exempted under bankruptcy as part of this property. Co owner being evicted and wants shed. I've paid all taxes for shed and it is listed as part of this property sold... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 31, 2021

When an improvement (e.g., that shed, or a house built on the property) is made to real property, it often becomes part of the real estate, i.e., a "fixture". When that happens, a conveyance of the property normally includes fixtures.

Your state's laws determine what might...
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1 Answer | Asked in Bankruptcy and Real Estate Law for Indiana on
Q: Ch 7 Bankruptcy and mortgage. Bk dc date 6/2018. House sold at sheriffs sale on 3/14/2019.

How do I find out when the title was transferred back to the bank. My fiancé and I are looking to buy a house together but I’m told it’s a 3 yr waiting period after title transferred

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2021

Unless you exempted the house, it was transferred to the Ch 7 Trustee when you filed the Petition. At time you surrendered your interest to the Trustee. A secured lender's foreclosure was not against you personally as you had already discharged your debt. If you did exempt a homestead... View More

2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Collections for Indiana on
Q: I wrapped a huge rv for a company.Spent every dime I was given on vinyl and installers and a garage large enough to fit

The rv and then the clients didn't like the rv outcome told me to remove all that was done and now they say I can have criminal charges how so?They didn't like the outcome and said remove.I spent all the money given on this wrap to now I feel I need to file bankruptcy.I have no money to... View More

Timothy Denison
Timothy Denison
answered on Sep 18, 2021

There is no criminal conduct in what you described. Cease all communications with them. There is no money to refund.

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