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Indiana Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Indiana on
Q: we are seniors we have a debt with discover card which they have filed suit against us i have stage 4 colon cancer not

to live very much longer my wife has serios spine issues we dont own no property what going to happen

Cristina M. Lipan
Cristina M. Lipan
answered on Aug 16, 2018

They will probably get a judgment from the court, which means they can bring that to the Marshal/Sheriff who can search for and seize any assets you may have. Obviously, if you have nothing, there is nothing to take. However, keep in mind that this includes salary income and money in bank accounts.... View More

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Will filing for bankruptcy ever wipe out my student loans?
Timothy Denison
Timothy Denison
answered on Aug 8, 2018

Not completely, no.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can me and my husband keep our house? He makes 45 a year before taxes and we have a equity loan just under 38.

The house value is probably less because it does need several repairs. We'd like to keep our car to (still paying as we got it after our old car was totaled a few months ago.)

Timothy Denison
Timothy Denison
answered on Jul 16, 2018

Depends on many factors, including equity in house. Contact a local bankruptcy attorney who can help you make the right decision.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Live in Indiana, being sued for med. bills. only income now is soc sec. Is soc sec subject to sml claims judgment?
Timothy Denison
Timothy Denison
answered on Jul 15, 2018

SS is not subject to judgment activity.

2 Answers | Asked in Bankruptcy for Indiana on
Q: I filed chapter 7, it was discharged, I'm still paying my mortgage but on my credit report it shows closed-derogatory

Discharged in 2012, do I do anything about this or will it just make it worse.

Tyler Cumbo
Tyler Cumbo
answered on Jul 1, 2018

If you have made your mortgage payments on time you should file a dispute and request the credit bureau to include an explanation on your report. Unless you signed a reaffirmation agreement that was approved by the Court the lender will not report anything to the credit bureau. If you did not... View More

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1 Answer | Asked in Bankruptcy and Landlord - Tenant for Indiana on
Q: i am in active bankruptcy and my landlord typed a letter of eviction to be out in two weeks can she do this

she said we have two weeks to be out and i lost my job she knew that we are only behind for the month of june she notorized this paper herself calling it a legal document more or less and said we had two weeks to get out and if we weren't out then she would have a 24 hr eviction notice.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jun 21, 2018

No. If you are behind on rent your landlord may post what is called a 10 day notice to pay up or quit the premises. That gives you notice that if you do not make your rent current within 10 days then she has the right to file for an eviction. Landlords in Indiana are required to post this notice... View More

2 Answers | Asked in Bankruptcy for Indiana on
Q: I filed for bankruptcy and just got a job offer for work that pays more than I make now. It won't be enough to alleviate

my debt issues though. Will my bankruptcy still be valid?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 18, 2018

If you filed a chapter 7, then no worries as it looks at income at the time you filed. If a chapter 13, talk to your attorney due to plan payments

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Can I file student loan bankruptcy? Our 5 yr. old son is autistic, the cost of treatment has been astronomical.

I have my PHD. My loans total approximately $200,000. I am aware of the brunner test. We have no hope of buying a home or car, let alone a small vacation. Our son's Autism Academy is very, very expensive, with insurance paying a small amount. He will most probably have to receive treatment for... View More

Timothy Denison
Timothy Denison
answered on May 31, 2018

While the student loans are generally not dischaegeable, you can file and ask the court to consider your circumstances and the undue hardship. They could be reduced but not likely completely discharged.

1 Answer | Asked in Bankruptcy and Consumer Law for Indiana on
Q: In 2012, I purchased a voucher, on sale, for a digital photo-to-canvas transfer. The voucher says that the promotional

promotional value of the voucher is good for three years (ending June 21, 2015) but that the paid value of the voucher never expires. I found my credit card statement with the purchase showing on June 28, 2012, and the company name is exactly the same as it appears for the current company, but... View More

Timothy Denison
Timothy Denison
answered on May 10, 2018

EVEN THOugh the middleman declared bankruptcy, the company is still liable for the service sold bc they were the one providing it. They owe you the paid value of the voucher, in whatever form that may be.

1 Answer | Asked in Bankruptcy for Indiana on
Q: going thru ch. 13 built in 1 year delinquent property tax into payment. cant keep up with current tax and penalties.

hardship or payment plan options ? lake county Indiana

Timothy Denison
Timothy Denison
answered on Apr 21, 2018

Convert to a Vhapter 7 and liquidate all debt.

2 Answers | Asked in Bankruptcy for Indiana on
Q: I have two credit cards. Do I have to list them both and lose them? Or can I keep one of them?
Dean Paolucci
Dean Paolucci
answered on Apr 12, 2018

For the most part, a bankruptcy is an "all or nothing" proposition, meaning you have to give up all your credit cards and unsecured debts in exchange for the debts being wiped out.

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Is anyone eligible to file a Chapter 13 bankruptcy or do they have to meet certain requirements?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Apr 7, 2018

Must have standard regular income. Must have less that 350,000 in general unsecured debt and less than 1.1 million in secured debt

1 Answer | Asked in Bankruptcy and Divorce for Indiana on
Q: My ex-wife has filed for bankruptcy, divorce decree states she is responsible for 35% of medical bills

Her portion of the balance is $1000, does the bankruptcy forgive that monies?

David Earl Phillips
David Earl Phillips
answered on Apr 6, 2018

If she is filing a chapter 7 you may be able to enforce the divorce decree language. You will need a bankruptcy lawyer to file an objection to her discharge of these debts. It may be that the amount is not worth the cost to hire a lawyer, but you need to speak with a bankruptcy near you to... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: if you file chapter 13 and it was dismissed because unable to keep up with payments, how soon can you file chapter 7?
David Earl Phillips
David Earl Phillips
answered on Mar 8, 2018

If you are eligible for Chapter 7 (have not filed a Chapter 7 in the last 8 years and received a discharge) and pass the means test requirements now, then you can file at any time. Be sure and talk to a bankruptcy attorney near you so they can go over your situation and be sure you do qualify for... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: How much of a personal bankruptcy case becomes public record?
David Earl Phillips
David Earl Phillips
answered on Feb 16, 2018

All of the statements and schedules and related documents included in the petition are public record. The exception is protection for full social security numbers, names of children, birth dates, and taxpayer id number. Upon a motion to the Court, sometimes other information can be kept private by... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can my wife & I file Chapter 7 and keep our home, equity of $30k? Our income is around $80k. Other debt is unsecured.
Cristina M. Lipan
Cristina M. Lipan
answered on Jan 19, 2018

Unless your household size is 5+, you're above the median income in Indiana, so your eligibility to file chapter 7 depends on the means test, which requires a more comprehensive analysis. You would need to retain a bankruptcy attorney to do this analysis.

Information provided for...
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1 Answer | Asked in Bankruptcy for Indiana on
Q: Can u get arrest for not going to examination on bankruptcy if u are found in contempt court
Cristina M. Lipan
Cristina M. Lipan
answered on Dec 4, 2017

It is possible. A judge has the ability to impose sanctions such as a fine or jail time, if you are found guilty of contempt of court.

Information provided for informational purposes only, and should not be taken as legal advice.

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Indiana on
Q: I filed for a Chapter 7 bankruptcy a week before an eviction hearing. Does the automatic stay apply?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 24, 2017

It will apply, but easily nullified. The hearing maybe allowed to go forward, depending on the Judge in the Bankruptcy Court.

1 Answer | Asked in Bankruptcy for Indiana on
Q: WHEN CAN I START PROCEEDINGS TO FILE A 2ND BANKRUPTCY IF IT WAS DISCHARGED 8/2010

I KNOW I HAVE TO WAIT 8 YEARS BUT IS IT 8 YEARS FROM THE DATE OF THE 1ST DISCHARGED DATE?

David Earl Phillips
David Earl Phillips
answered on Oct 11, 2017

You count from the filing date of the 2010 petition, not the discharge date. Hope that helps. Good luck!

1 Answer | Asked in Bankruptcy for Indiana on
Q: I am filling bankruptcy soon and I want to put my apartment on my bankruptcy what will happen after I do this

She filed a notice of claim against me how will that work after I file bankruptcy can she put me out or...????

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 26, 2017

Unless she has an Eviction Order, no she can not put you out. She will have to get relief from the Stay from the Bankruptcy Court first, then she can go to Landlord Tenant Court. Make sure your deposit is listed as an exempt asset on your Petition

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