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Indiana Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Indiana on
Q: Can I stop paying on 2 court judgments (repos) three months before I file chapter 7?

I don't want them to garnish wages. My payments now are voluntary and set up with the attorney offices (2 different ones).

Doug Allen Bernacchi
Doug Allen Bernacchi
answered on Sep 22, 2017

This is not a fair question. Can you? May you? Should you? Or are you asking if you will or could be garnished in the next 3 months? I must assume you are not eligible to file now? Can anyone predict the future? Sorry, not something anyone can really answer. So, just file sooner rather than... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: can Adoption Subsidy be considered as income when filing chapter 13 bankruptcy
David Earl Phillips
David Earl Phillips
answered on Aug 28, 2017

Sure. Any source of funds that you receive on a regular basis could be income to support a chapter 13 plan. Talk with a bankruptcy lawyer in your area to look at your situation and see if chapter 13 would be a good option for you. Good luck!

1 Answer | Asked in Bankruptcy and Foreclosure for Indiana on
Q: Our Ch. 7 Bankruptcy has been discharged. The motion for foreclosure has been filed and

Sent to the Sheriff. Can we go ahead and move out of the house?

David Earl Phillips
David Earl Phillips
answered on Aug 15, 2017

Yes. You do not have to wait on the sale. You should notify the attorney doing the foreclosure and the sheriff office that you are vacating the property. Also, turn off the power and water. If you had a bankruptcy lawyer, tell them that you are moving out. Good luck!

1 Answer | Asked in Bankruptcy and Civil Litigation for Indiana on
Q: A creditor was awarded a civil judgement 6 days after I filed for Chapter 7 and that is now on my public record.

From my understanding, given that the automatic stay went into effect immediately upon the filing of my case, the state court could not enter a valid judgment after my filing. How do I petition the court to set aside the judgment?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Aug 2, 2017

Have the State Court issue an order coiding the judgment. You can probably do it with a letter with proof of filing. Call the state court clerk or judge's chambers that issued the order.

1 Answer | Asked in Bankruptcy and Consumer Law for Indiana on
Q: I received a summons in the state of INDIANA

I Received a summons and it said failure to appear may result in a judgement against you, but it doesn't say you must appear can that result in a warrant being issued for me can a default judgement include a warrant for my arrest it's just credit card debt..?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 19, 2017

You do not get a warrant for failure to appear for the initial hearing. As the summons stated, it may result in what is called a default judgment against you which is where the other side gets everything they ask for automatically because you were not there at the appointed time. If you were to... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: My final divorce 6/27/17 my ex filed chapter 7 on 7/11/17. The court order stipulates he is 100% responsible for one

Joint debt and we share 50/50 on second debt. Am I now 100% responsible for both debts? If he stops paying on court order debts what r my options

David Earl Phillips
David Earl Phillips
answered on Jul 16, 2017

You have the right to hire an attorney and object to the dischargability in his bankruptcy of the the debts he is to pay in the divorce decree. You will have to decide if the amount of the debt that could come back to you will be worth the cost of an attorney to file the objection. Call an attorney... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can you file for Bankruptcy if you have good credit scores (>700) but you have outstanding debt of more than $23,000.00?

My husband and I want to look into filing bankruptcy. We have good credit scores (>700) and no late payments filed. We have credit cards debt of approximately $23,000.00 (this does not include 2 Student loans totaling appx. $46,000.00). We have tried to consolidated these credit cards but to no... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jul 8, 2017

Bankruptcy maybe an option. Other factors to include are home ownership, number of people in residence, how many mortgages on property. Amount of income between you both will also be a determining factor on whether you file a Chapter 7 or a Chapter 13. Credit Scores are not factored into the... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: I've heard that student loans can't be discharged in bankruptcy but is that only federal student loans? Some of my

student lenders are private.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 29, 2017

It would depend on the actual student loan. While some private can be discharged, it depends on several factors including how written and who was original lender.

1 Answer | Asked in Bankruptcy and Foreclosure for Indiana on
Q: I am under a repayment plan with the IRS. Can I file bankruptcy to stop a foreclosure on a rental property?

I want to keep the property and reinstate it. The mortgage company doesn't seem willing to work with me.

David Earl Phillips
David Earl Phillips
answered on Jun 7, 2017

You will need to see a bankruptcy lawyer before the foreclosure date to determine if you qualify to file a bankruptcy case. Chapter 13 is most likely going to be the best way to stop the foreclosure and maybe keep the rental property. The IRS repayment can be dealt with in a chapter 13 plan and the... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can a chapter 13 stop a landlord from evicting after receiving a judgment?
Nels Hansen
Nels Hansen
answered on Jun 2, 2017

Yes with conditions and limitations. If you as the tenant are behind on the rent and you wish to assume the lease you must stay current on post-petition rent and cure the arrears in a timely manner. If your landlord already has a judgment for possession in an eviction you must file Official Form... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: If I filed bankruptcy in one state and then moved to another, could that have any effect on my ability to discharge my

debts?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 26, 2017

It depends on if you a did a chapter 7 or a chapter 13. Under a 7, as long as the all the proper paperwork is done and you file the second credit counseling and notify the court of the move, no problem. Under a 13, all plan payments have to be met and other issues dealt with. Talk with your... View More

2 Answers | Asked in Bankruptcy for Indiana on
Q: I need to file chapter 7 to stop a garnishment I can't afford. How do I stop it so I can pay for the BK

I get paid once a month and my net is 2400.00 the garnishment takes 600.00 which leaves me a net of 1800. Once I pay rent & utilities, I have a few hundred left for food and gas. I need to be able to save up for 60 days so I can pay for the BK but I can't do it if I continue the garnishment

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 24, 2017

Difficult situation. You might be able to apply to the Court to pay the filing fees in installments, but that is the only thing..

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2 Answers | Asked in Bankruptcy for Indiana on
Q: Q: I filed bankruptcy, im trying to finish my credit counseling before court today, it is asking me for my case #

i cant find it anywhere, and i cant complete my credit counseling until i give the case number

David Earl Phillips
David Earl Phillips
answered on May 24, 2017

Look on the Notice you received that had your court date. It should be on there. Near the top of the page. Good luck!

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1 Answer | Asked in Bankruptcy for Indiana on
Q: I am in a complicated situation in my life. I need to file bankruptcy. There are medical reason leading up to this one

I have PTSD and other contributing factors that have lead up to this one and not sure if filing another will be allowed?? Complicated situation. Can you help??

Ray Choudhry
Ray Choudhry
answered on May 4, 2017

There are time limits as to how often you can file bankruptcy.

Lots of bankruptcies are a result of medical bills.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I loss my arm due to cancer. I'm on disability in which I make $750.00 a month. I have received a summons to go to court

I owe several credit cards. I need too file bankruptcy. But as you can see I do not have any money left over a month to hire an attorney. I'm afraid to go to court without an attorney. Is there any way someone there can help me with a bankruptcy. I'm 64 years old. If they take my money I... View More

Nels Hansen
Nels Hansen
answered on Apr 30, 2017

Do not despair. You should contact a local bankruptcy attorney and schedule a consultation. You may be able to have a consultation over the phone. If you are judgment proof there may be no need to file. If after a review of your situation it is recommended you file bankruptcy, contact your... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: I didn't do a very good job of keeping my personal and business finances separated and my business is doing poorly so I

think I need to file for bankruptcy. Is there a way to determine what type of bankruptcy is best for me (personal or business)?

David Earl Phillips
David Earl Phillips
answered on Apr 28, 2017

Need more information. Is the business incorporated, an LLC, partnership, etc. How were the debts incurred? For business or personal use. It can be complicated. See an attorney for advice on what would be your best option. The more information you can provide to the attorney will help them to guide... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: i take care of my disable mother we have a personal loan together with our car as collateral can we file 7 together

plus outstanding bills may we file chapter 7 together?

Ray Choudhry
Ray Choudhry
answered on Apr 26, 2017

The laws are changing but so far they don't let you marry your mother.

So, no, you can't file jointly.

Only married couples can do a joint filing.

1 Answer | Asked in Bankruptcy for Indiana on
Q: i take care of my disabled mother both our names are on a personal loan plus we have other outstanding bills can we file

chapter 7 together and our car is our collateral on our personal loan can we keep our car?

David Earl Phillips
David Earl Phillips
answered on Apr 24, 2017

You cannot file a bankruptcy case together. Only couples that are married may file a joint case. If the car is collateral on a loan then you will have to work out something with the creditor to keep it or maybe file a motion to redeem if you file bankruptcy. See a bankruptcy lawyer and get advice... View More

2 Answers | Asked in Bankruptcy for Indiana on
Q: i take care of my disable mother we have a personal loan together with our car as collateral we also have other

outstanding bills can we file chapter 7 togethr and is there anyway we can keep our car?

Doug Allen Bernacchi
Doug Allen Bernacchi
answered on Apr 24, 2017

There are ways for sure. Most debtor's who file bankruptcy don't loose their car. Without a more information no one can give you reliable legal advice here. I would say call and we figure out, if you pay and drive through keeping the car, reaffirm the auto loan, or redeem it for fair... View More

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1 Answer | Asked in Bankruptcy for Indiana on
Q: My brother has ALS. Combined disability and Medicaid will cover the cost of his nursing home with nothing left over.

He has $17k in credit card debt, a mortgage and a car payment. What will happen to the debt when he can no longer use his disability income to make payments?

Doug Allen Bernacchi
Doug Allen Bernacchi
answered on Mar 30, 2017

He does not like need to file bankruptcy but a debtor's attorney may be able to help

learn how by call me 219-879-2889. Persons in this position will not need to pay very much to get a lot of help!

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