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Indiana Bankruptcy Questions & Answers
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... View 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... View 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
David Earl Phillips
David Earl Phillips
answered on Dec 29, 2018

Sure! As long as the clerk's office is open you may file the papers unless you have access to electronic filing, which is 24/7. Do not forget that you must complete the Credit

Counseling Course before you file the case and then file the certificate you receive with the court clerk. It...
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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... View 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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1 Answer | Asked in Bankruptcy for Indiana on
Q: Can my home be taken from me.

My only asset is my home which is paid for. It's value is 150K. Other than my home I have no assets (cash etc). My spouse and I both are on SSDI. A medical emergency has left me 250K in debt. If I file bankrupcy can they take my home away from me?

Timothy Denison
Timothy Denison
answered on Nov 15, 2018

Yes, under certain circumstances. You need to consult a competent bankruptcy attorney to assess your financial situation and find the best course of action for you.

2 Answers | Asked in Bankruptcy for Indiana on
Q: What is the different between chapter 7 and 11?
Timothy Denison
Timothy Denison
answered on Oct 31, 2018

Chapter 7 is liquidation of personal or business debt. Chapter 11 is business reorganization.

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1 Answer | Asked in Bankruptcy for Indiana on
Q: How will bankruptcy affect the student loans that I still owe?
Timothy Denison
Timothy Denison
answered on Oct 12, 2018

They are non dischargeable. You will still owe them.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I have filed a petition for chapter 7 and have a court date in a couple of weeks. Will getting married effect this?

Will getting married a couple days prior to the court date effect the hearing?

Timothy Denison
Timothy Denison
answered on Sep 22, 2018

Nozz

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can a mortgage company file a foreclosure on a person if they filed a chapter 7 and is closed
Timothy Denison
Timothy Denison
answered on Sep 4, 2018

Not on a person Byron a piece of property.

2 Answers | Asked in Bankruptcy and Civil Rights for Indiana on
Q: My son was arrested in Marion County Saturday night for a warrant out of Shelby County. It is now Monday afternoon.

He has not been processed and yet to be picked up by Shelby Co. No bedding on concrete. How is this not a violation of due process?

Timothy Denison
Timothy Denison
answered on Aug 20, 2018

He has to be brought before the court to answer the warrant. If he is in another county, it usually takes 10-20 days for hectransfer.

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