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Indiana Bankruptcy Questions & Answers
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
PREMIUM
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.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I filed bankruptcy chapter seven in 2003. I was legally discharged from my debts according to the final decision.

Yesterday I tried to close an account at the bank that my mom who died in July of this year had left me. It was 100,000.00 and was already in my name. The bank kept 26,000.00 of this money because they were named in the bankruptcy in 2003. Is this legal?

Timothy Denison
Timothy Denison
answered on Sep 1, 2019

You should consult a bankruptcy attorney. Depending on your particular set of facts, it could be a violation of the stay.

1 Answer | Asked in Bankruptcy for Indiana on
Q: my water was shut off due to old bill, i filed ch 7. how do i get it turned back on

the bill was an old bill that was being disputed. I lost my dispute and they added it to a current bill which I could not pay. the bill is very high and i have filed ch7. can i get the water turned back on? I am on disability

Timothy Denison
Timothy Denison
answered on Jul 7, 2019

You may be able to get it turned back on but you will probably have to post a deposit.

2 Answers | Asked in Bankruptcy for Indiana on
Q: I filed bankruptcy 2 years ago, chapter 7, can I file again?

I have heard you can file but not be discharged for x amount of years is this true? And if so does it keep creditors at bay.

Clark Dray
Clark Dray
answered on Jun 27, 2019

You can't file a Chapter 7 however, you can file a Chapter 13. This will be a glorified repayment plan because you're not eligible for a discharge unless 4 years have passed between the filing of the 7 and the 13, but it will keep your creditors off your back.

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1 Answer | Asked in Bankruptcy for Indiana on
Q: How do I file an amendment to my bankruptcy schedules? I added a creditor that no longer needs to be on there
Timothy Denison
Timothy Denison
answered on Apr 16, 2019

You file an amendment pleading in the bankruptcy identifying the creditor and indicating they have been paid snd no longer need to be listed

1 Answer | Asked in Bankruptcy for Indiana on
Q: There'€™s a creditor on my petition that ended up being paid off. Do I need to remove it? If so, how?
Timothy Denison
Timothy Denison
answered on Apr 16, 2019

You can file an amendment to your petition correcting it.

2 Answers | Asked in Bankruptcy for Indiana on
Q: I have a court ordered judgement against me to pay $3000 for an eviction. I am now having to file for bankruptcy.

Can I include this judgement in my bankruptcy?

Timothy Denison
Timothy Denison
answered on Mar 11, 2019

Absolutely.

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

She lives in an assisted living facility and has no assets. She can no longer afford making payments and hasn't been for months. Is bankruptcy the only option? I don't know that she can afford to file.

Cristina M. Lipan
Cristina M. Lipan
answered on Feb 19, 2019

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... Read more »

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3 Answers | Asked in Bankruptcy and Tax Law for Indiana on
Q: Will I lose my tax return??? Filed chapter 7

I filed chapter 7 last month and last week filed taxes. I do expect a decent tax return due to having kids. Debt was mostly medical Bill's. I was getting grief from a lawyer for one of my non medical Bill's debt (was a gym) and do have a student loan from a school closed due to school... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 14, 2019

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.

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1 Answer | Asked in Bankruptcy for Indiana on
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.
Timothy Denison
Timothy Denison
answered on Jan 30, 2019

Go to pacer.gov, set yourself up an account, and you should be able to recover and download whatever you need from your bankruptcy.

2 Answers | Asked in Bankruptcy for Indiana on
Q: I filled out the papers for bankruptcy can I file them January 2nd
Timothy Denison
Timothy Denison
answered on Dec 29, 2018

Yes.

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1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for Indiana on
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

Can u file again chapter 7 get rid of credit cards again and stop the foreclosure too save my house and then maybe sell it in a few years. But mostly I don’t want too loose my house and it’s going so quickly, is chapter 7 best way too save house or I also see so much talk online about it being... Read more »

Timothy Denison
Timothy Denison
answered on Dec 15, 2018

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.

2 Answers | Asked in Bankruptcy for Indiana on
Q: Is there any kind of debt I can't discharge in a bankruptcy?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Dec 7, 2018

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.

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