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Indiana Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Indiana on
Q: How long is a statute of limitations to sue Bankruptcy Trustee, (Indiana)Abuse of trust,
Robert Gambrell
Robert Gambrell
answered on May 28, 2015

I have no idea, because in my 38 years of practice, none of the trustees in my state have been sued since I started practicing. If you are the debtor, then I doubt that you would have standing to sue for a violation of trust as the trustee's fiduciary duty is to the priority unsecured... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: If I co-signed for my nephew and he filed bankruptcy, am I liable to pay his debt?
Kevin W. Chern
Kevin W. Chern
answered on May 21, 2015

Generally, when the primary debtor files for Chapter 7 bankruptcy, a co-signer will be liable for the debt. When the primary debtor files for bankruptcy, an automatic stay will usually be entered. The stay prevents the creditor from attempting to collect from the debtor who has filed for bankruptcy... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: How can I find out if a person I have a judgment against is filing a bankruptcy or where is the best place to search ?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 24, 2014

PACER (it stands for public access to court records). Unfortunately, you have to have an account. Either pay a bankruptcy attorney to look it up for you or get the contact information for the bankruptcy court for the district where the debtor resides and call the bankruptcy court. Go to the... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: If I file for bankruptcy can I file on property taxes that are past due
Steven Taylor
Steven Taylor
answered on Feb 24, 2014

You must list all debts when you file bankruptcy. So yes you can file on property taxes that are past due. The property taxes will be dischargeable unless they are personal property taxes assessed within 1 year of filing.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I filed for bankruptcy and I have letter that says act before Oct 1. I can't get ahold of a lawyer
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

If you have a lawyer, show up at his office. If still no response contact your respective state bar association. If you do not have an attorney, your lack of counsel is generally no excuse and you should act.

1 Answer | Asked in Bankruptcy for Indiana on
Q: If use a credit card while in chapter 13, do that terminates your bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Your prefiling credit cards are no longer good. If it is a Debit with a Visa/MC then that is not a credit card. If you have been granted an actual credit since the file, though ill advised to continue down your prior debt ridden path, you can use it.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I found an envelope at my deceased mother in laws house my name on it from the bankruptcy. I didn't file. What do I do?

I didn't file and I can't find any other papers. How do I find out i find out what happened?

Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

A good start would be to check out the Bky case. Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: I am 70 & can't afford to pay a lawyer. Can I file bankruptcy on my own. I don't want to lose my home.
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

The filing of a Bky is a very complicated area of law, involving a combination of State Laws and Federal Procedures; however, if you are a Natural Person (Human) vs. a Business, you are permitted to represent yourself.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I need help to determine if indeed I can file bankruptcy on my debts. home and credit. What is the process.
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can I get bankruptcy filed with free legal aid?

I have credit and home debt may I file and what is covered?

Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Fees vary case to case based upon the amount of work required. In the South Florida area chapter 7 cases generally start at $1,500 for an experienced Bky atty. Some attorneys, like myself offer specials and discounts. The Filing fee in our area is $306. If you cannot afford such a fee, you... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: I flied bankruptcy last year and now my mortage company is coming after me saying i owe them $800 in filing fees.
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

If you reaffirmed the property you are subject to all related fees/costs per your mortgage.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can I keep my house and car (continuing to make payments) and file bankruptcy
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

If you are current and within the available exemptions, you should be able to keep.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I paid a law firm several years ago for a chapter 7, however I became ill then moved spaced it off...can I get my $ back?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

You can ask, but you should expect them to deduct for services preformed and for general supplies, copies, etc.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I recieved a letter saying I owed money from a debt in 1992...I filed bankruptcy in 93 or 94...can they collect on this?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Chances are no. If discharged they cannot collect. If not discharged, there is a strong possibility that the matter is no longer collectible per the Statute of Limitation. However, that does not prohibit the collector from calling you, until you tell them not to.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I own 2 homes. If I file Bankruptcy can I keep one home and file on the the other? And same goes for credit cards?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Indiana on
Q: What happens to credit Card Debts if an individual is useing all of thier income to pay for stay in a nursing home ?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

That is up to the specific Creditor. You can still be sued, the matter can be referred to a Collection Company, the debt can be sold to a factoring company, or the Creditor can just list it on your credit report. Or, a combination of any of these. In ability to pay your bills is not a bar to a... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: In Indiana do you need your tax return to file bankruptcy
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Certain document are required to be provided to the Trustee. A Tax Return, if you filed one, is among these.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can you file chapter 13 bankruptcy for a defamation judgment?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included. The Dischargability of such an items could be the subject of an Adversary... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: I don't have a lot of debt but I have been in the hospital and things piled up. I have a car with approx $2000 in back

Pmts. $3500 Dr. bills $2000 credit cards $12,000 student loan. My income is $250 per week. Should i file for Chapter 7?

Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: Why would we have to turn over our Federal tax return to trustee if bankruptcy already finished

Bankruptcy trustee says to get a paper check and give to them...I have never heard of this before.

Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Because it was a right to something that existed prior to the filing of the case and therefore was subject to the Bky.

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