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Indiana Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Indiana on
Q: My ch7 discharged in July 19'. Willl the trustee take my stimulus check?
Stuart Nachbar
Stuart Nachbar answered on Apr 11, 2020

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

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Is reporting on my credit report after automatic stay in violation of the stay.

I have received an email and a modification to my credit report.

Timothy Denison
Timothy Denison answered on Mar 27, 2020

No, bc it is not an attempt to collect a debt.

1 Answer | Asked in Bankruptcy for Indiana on
Q: In a chapter 7 BK if I select surrender for my auto. When can the creditor come get my vehicle. Right away?
Timothy Denison
Timothy Denison answered on Mar 3, 2020

Yes. Within a few days to a week.

1 Answer | Asked in Bankruptcy and Family Law for Indiana on
Q: Can I sue my ex-husband for a joint debt he was supposed to be responsible for if he files for Chapter 11 bankruptcy?

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 »

Timothy Denison
Timothy Denison answered on Feb 27, 2020

You simply need to file a motion in the divorce to hold him in contempt for non-payment.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Filed Chap 13 on Dec 28th, 2016. CreditBureau report says Calvary LLC debt buyer/collector placed 2880$ in collection

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 »

Timothy Denison
Timothy Denison answered on Feb 20, 2020

If they obtained the default after you filed bankruptcy, then you may have a claim.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I am from Indiana and want to know if I file bankruptcy will they make me sell my house.

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?

Timothy Denison
Timothy Denison answered on Feb 8, 2020

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.

1 Answer | Asked in Bankruptcy and Child Support for Indiana on
Q: If my husband files chapter 7 and he has a lien on his cars from child support, will they take the cars?
Timothy Denison
Timothy Denison answered on Feb 3, 2020

Likely no, bc the child support liens are senior. Consult an experienced attorney who can help you protect the property.

1 Answer | Asked in Bankruptcy and Child Support for Indiana on
Q: If my husband files chapter 7 will they take the vehicle that's paid off, but has a lien on the title from child support
Timothy Denison
Timothy Denison answered on Feb 3, 2020

No. The child support lien makes child support the senior lien.

1 Answer | Asked in Bankruptcy for Indiana on
Q: bankruptcy. will it cover USDA Operating Loan? Am I able to file single (not joint with husband). all debt in my name.

I am currently in treatment for a stroke and cancer. Unable to work.

Timothy Denison
Timothy Denison answered on Jan 24, 2020

The USDA loan will probably be non-dischargeable. You can file separately without your husband.

1 Answer | Asked in Bankruptcy for Indiana on
Q: How does $0 down chapter 7 work? Is the $0 down misleading?
Timothy Denison
Timothy Denison answered on Jan 18, 2020

You sign the contract after the bankruptcy is filed, making it a non dischargeable post petition debt. It is not misleading at all. You are not required to pay any attorney fee until after the bankruptcy is filed.

2 Answers | Asked in Bankruptcy for Indiana on
Q: Can bankruptcy stop a garnishment if my pay is being garnished before i file .
Stuart Nachbar
Stuart Nachbar answered on Jan 18, 2020

Yes, the filing of the bankruptcy will stop the garnishment and may even result of the sheriff returning any funds he has not turned over to the judgment creditor

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Self and 2 siblings own home. One sibling owes huge debts. Can his debtors put liens on our home?
Dax Jameson Miller
Dax Jameson Miller answered on Jan 6, 2020

Yes. The sibling can sued and, if a judgment is obtained, the debt will act as a lien on the property.

1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Business Law for Indiana on
Q: Can I sue someone for buying things in my name and bankrupting my business?

I recently started a company with around $80K of my own money as a 65% partner. The partner of 25% bought things in the company name and my personal name without my approval saying she paid for these only to find out months later they haven't been paid for and they're in my name. I have... Read more »

Timothy Denison
Timothy Denison answered on Dec 30, 2019

Yes. You should contact a business litigation attorney to evaluate the situation, including determining whether there are any assets to pursue.

1 Answer | Asked in Bankruptcy for Indiana on
Q: if I am 17 and live in Indiana how do I go about getting emancipated without informing my parents

I am 17, attend goshen high school, and am wanting to move out

two of my brothers are in probation for sexually assaulting my younger sisters

my stepmom has a criminal history and has had cps called on her 3 times

i have been physically, mentally, and verbally abused... Read more »

Stuart Nachbar
Stuart Nachbar answered on Nov 14, 2019

So why did you post this in Bankruptcy? Try reposting in Family Law

1 Answer | Asked in Bankruptcy for Indiana on
Q: At the end of my chapter 13 bankruptcy, will my house as a debt be paid off

I pay $640 a month for my bankruptcy, I have 4 more years left. I was behind on my mortgage of about $5,000 includes their attorney fees from being in foreclosure. I still owed about $2,000 left on my car and I had around $2,500 in medical and credit card debt. I also owed around $40,000 left on my... Read more »

Timothy Denison
Timothy Denison answered on Nov 9, 2019

It depends on the terms of the plan. If payments thru the plan were sufficient to pay the mortgage in full, then it will be paid off. If not, then there will be some amount of the mortgage still owed.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I own my home worth nearly $80,000 paid off. Considering chapter 7 for debts nearly $30,000. Will I lose my home?

I have no income, separated from husband, five kids and job hunting. Wage garnishments orders are also coming in the mail. All my debt is credit card debt.

Timothy Denison
Timothy Denison answered on Oct 16, 2019

It sounds like you may need to file a chapter 13 to save your home. Contact a competent bankruptcy attorney to guide you through it.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Will my bankruptcy lawyer show up with me to my court hearing?
Timothy Denison
Timothy Denison answered on Oct 5, 2019

I’m sure he will if he’s been paid.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Filed Ch13-8/7/12-then had to convert to Ch7-7/2/14 due to job loss. Paid $8,523.50 of $14,400 of repayment term in Ch13

At the time of CH13 and conversion to Ch7-my house was underwater. During Ch13-there was an Order granting the lien avoidance (related to the lien-second mortgage). At this time, a debt collector is stating that I owe $15,500, as I failed to complete the Chapter 13 plan and failed to receive a... Read more »

Timothy Denison
Timothy Denison answered on Sep 30, 2019

You didn’t fail to complete Chapter 13, you converted to Chapter 7 and received a discharge under Chapter 7. Unless that debt was secured, it was discharged in the chapter 7.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Im considering filing Chapter 7 is it necessary for me to have my car payments caught up if I want to reaffirm the auto?

I have been working hard to catch up my bills but I can't seem to get my truck payment caught up.

Timothy Denison
Timothy Denison answered on Sep 9, 2019

It will be at some point but they will usually work with you in the bankruptcy.

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