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Indiana Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Indiana on
Q: Why do we need to turn over our IRS refund if our bankruptcy Chapter 7 has been finished (discharged).
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.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can a person file bankruptcy on a loan given as an advance of her inheritance?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

If the Granter is already dead, then the entire inheritance is subject to the Bky. If the Granter is still alive, then it was merely a loan and the Granter can change his/her estate plan to provide for the grant.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can my ex bankrupt out of the judges ruling that he must pay me a lump sum?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Equitable Distribution is Dischargable; however, if the payment is in the "Nature of Support" it is not Dischargable.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I was ordered to pay credit card with my ex held harmless. Ex just filed Chapter 7 and I'm filing next week

Will bankruptcy discharge the credit card debts?

Timothy Coe
Timothy Coe
answered on Sep 28, 2012

I assume you are filing a chapter 7, so yes. Your bankruptcy attorney should be able to answer questions you have about what will happen to your specific debts.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I have questions about filing for Chapter 13 bankruptcy
Timothy Coe
Timothy Coe
answered on Sep 28, 2012

What are those questions? This is the forum to ask questions. If you are in Northwest Indiana you can call my office if you like at 219-921-0799.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Ex is held harmless for credit card I was to pay. Now he filed Chapter 7 and I'm filing next week. Is CC dischargeable?
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

Credit cards are dis-chargeable in bankruptcy even if you are ordered to pay it by the state court.

1 Answer | Asked in Bankruptcy for Indiana on
Q: How much does it cost to file bankruptcy?
Timothy Coe
Timothy Coe
answered on Jul 17, 2012

That's a difficult question, but I will try my best. The filing fee for a chapter 13 has just been raised to $281.00, and for a chapter 7 the filing fee is $306.00. We charge $1,500.00 for a Chapter 7 in attorney's fees, and $2,500.00 for a chapter 13 (probably going to rise shortly... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: 2 yrs into a chapter 13, IN. I asked my laywer about converting to ch 7 , He said I couldnt. How can i find guidance?
Timothy Coe
Timothy Coe
answered on Jul 17, 2012

Yes, you can convert to a chapter 7. It is not as simple a process as it would have been had you not been two years in, but if you are willing to pay the filing fee for a chapter 7 and update the court on all your debts, you can do it.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can a chapter7 bankruptcy be issue without the debtor being present?
Andrew Bresalier
Andrew Bresalier
answered on May 15, 2012

In an Involuntary case Debtor appearance is not required, unless you wish to fight it. Most cases are voluntary and Debtor attendance is required during the meeting of creditors. If all goes well, that is generally the only appearance required. There is a jurisdictional requirement that you... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: My husband filed for bankruptcy in 2002 or 2003 it is still listed as open on his credit report, how can we fix it?
Andrew Bresalier
Andrew Bresalier
answered on Jan 13, 2012

Only the filing of a Bankruptcy is reported on a credit report, not if it is pending. A Bankruptcy can appear on a credit report for upto 10 years.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I filed for bankruptcy in either 2002 or 2003 and my credit report still says that my case is open, how can I fix it?
Andrew Bresalier
Andrew Bresalier
answered on Jan 13, 2012

Only the filing of a Bankruptcy is reported on a credit report, not if it is pending. A Bankruptcy can appear on a credit report for upto 10 years.

1 Answer | Asked in Bankruptcy for Indiana on
Q: My bankruptcy is closed and i am going to recieve money from a lawsuit. can my creditors claim it?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

If the matter which lead to the suit occurred after you filed, it is not part of the case. If it occurred prior to the filing of your case it should have been disclosed in your Petition. If it was and the trustee abandoned it, then it is yours. However, you have a duty to report it to the Trustee,... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: I filled bankruptcy on a apartment complex 6 yrs ago and my bankruptcy was discharged, does the eviction ever go away?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

The discharge released any liability you may have had; however, the record of the debts will remain on your credit report for upto seven (7) years. The bankruptcy will remain on your credit for 10 years. Though you may have no liability, any entries into the public record will be there forever.

1 Answer | Asked in Bankruptcy for Indiana on
Q: How can you find out if someone has filed for bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

Sign up for PACER at the District Court for the respective jurisdiction. This is a free service, as long as you use less than $10 of services per calendar quarter. Once signed in you can pull up the specific case and review

1 Answer | Asked in Bankruptcy for Indiana on
Q: I just lost all of my money in a poker game. i lost EVERY SINGLE DOLLAR!!! do i need a bankruptcy lawyer?
Terrence Rubino
Terrence Rubino
answered on Oct 27, 2011

not necessarily. first what you need to do is stop gambling - you won't get even but will get even worse. second, go to work, make money and prioritize what debts and expenses you pay with a view towards paying everyone in full. try to make arangements with your creditors. third, if your... View More

1 Answer | Asked in Bankruptcy for Indiana on
Q: Can they levy my corporate assests for a judgement on personal debt?
Andrew Bresalier
Andrew Bresalier
answered on Sep 26, 2011

Unfortunately, the protection of a corporation only works one way. A corporation only protected the shareholders from the debts of the Corp. The corp is not protected from the debts of the shareholders. Your personal creditors can levy the corp to the extent of your ownership.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Garnishments: any money deposited into account AFTER the garnishment date should be freed? Correct?
Burton A. Padove
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answered on Jul 22, 2011

Incorrect, it is the account that is frozen not the amount of the funds. So if you deposit funds after the date that the garnishment is served and before a court ruling, the additional funds are also frozen.

1 Answer | Asked in Bankruptcy for Indiana on
Q: I am 1 year into a ch13.I have a Harley that will be paid off soon, it is not being paid by the trustee, can I sell it?

I am 1 year into a ch13. all paymets made on time no poblems. I have a Harley that will be paid off in two months, at this time my trustee payment is scheduled to increase. The Harley is not being paid by the trustee, can I sell it once I receive the title?

Burton A. Padove
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answered on Jul 22, 2011

The Harley is an asset of the estate being administered by the Trustee. I suggest that you discuss the matter with the trustee beforehand.

1 Answer | Asked in Bankruptcy for Indiana on
Q: My ex wife is filling bankruptcy andI need to know if she can file against money owed me from her retirement?
Burton A. Padove
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answered on Jul 19, 2011

You are not a creditor so the answer is no. You already own the interest in her QDRO

1 Answer | Asked in Bankruptcy for Indiana on
Q: I retained an attorney 9 months ago, shouldn't he have informed my creditors?
Burton A. Padove
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answered on Jul 17, 2011

Generally yes. However, the answer may be different depending upon what information the attorney was provided or obtained.

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