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Iowa Bankruptcy Questions & Answers

2 Answers | Asked in Bankruptcy for Iowa on

Q: My sister is executor of the home that was left to me her and my brother. The lawyer owns my sisters 3rd of it now.

And the lawyer states we need to sale home now cause he owns a 3rd of it, because my sister filed bankrupctu

How's that work and what's my rights

Timothy Denison answered on Jul 20, 2019

Depending how he obtained yoursusters share, you and your brother will likely have to buy him out. You may need to have it appraised to determine the actual value.

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2 Answers | Asked in Bankruptcy and Small Claims for Iowa on

Q: Can someone use bankruptcy against me for a small claims settlement due to damage of my home?

A family member I'm in the process of filling a small claims suite against caused thousads of dollars worth of damage to my home. Could this person use bankruptcy to get out of paying a settlement if it's ruled in my favor?

Bruce Alexander Minnick answered on Jun 26, 2019

Unless Iowa is very different than most states, you cannot bring an action seeking "thousands of dollars" in a small claims court. Your important question about the bankruptcy cutting you off should be asked to and answered by a bankruptcy lawyer in your area.

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1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Iowa on

Q: What is my legal recourse in being garnished for my ex-husband’s medical bill?

Timothy Denison answered on Apr 16, 2018

If you signed or co-signed as guarantor debt or have some legal obligation to pay them, there is no recourse. However, if you have been garnished for his bills and arenot liable for them, you can bring a wrongful garnishment suit against those creditors.

1 Answer | Asked in Bankruptcy for Iowa on

Q: Under a protection order and need chapter 7 for myself wife in home can it be saved with me legally not residing in it

No divorce forcing me into treatment but legally I don't live there can they take house based on my non residence in marital home

Robert Jason De Groot answered on Aug 11, 2015

Go see a bankruptcy attorney about this. What you apparently need is specifically tailored legal advice, not just general information about the law.

1 Answer | Asked in Bankruptcy for Iowa on

Q: My ex-wife is filing for chapter 7

How will this affect me? Do i need to do anything? I have 3 joint credit cards that I took in our divorce.

Kelly Lambert answered on Jun 25, 2014

You need to review your Judgment of Divorce. After she files for bankruptcy, you will be solely responsible for repayment of the 3 joint credit cards. If, in your judgment of divorce, it is ordered that she pay these cards, it is possible that you can bring her back into court and file a motion... Read more »

1 Answer | Asked in Bankruptcy for Iowa on

Q: What forms dose a person need to fill a simple chapter 7 with only detes?

Andrew Bresalier answered on Jan 28, 2014

The forms for a Bky are standardized. Copies are available on all District Court Bky web sites. www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Iowa on

Q: I just found out that someone filed bankruptcy and did not claim all their assets. How do I let the court know

Andrew Bresalier answered on Jan 28, 2014

Contact the Trustee in the Case.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Iowa on

Q: I have had an earlier bankruptcy after a divorce. How many years must pass before filing again?

Andrew Bresalier answered on Jan 28, 2014

Seven (7) years must elapse between the filing of Chapter Seven Cases.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Iowa on

Q: I am 53 lost my job and was forced to use my credit card to pay bills and maxed out can I claim bankruptcy?

I let a man move in with me cause he had nothing. Found out that he is a registered sex offender and I had no idea! He also used my card and put lots of charges on it. I kicked him out after 4 yrs and somehow he found out that the card was maxed out he called them and took his name off of the "my"... Read more »

Andrew Bresalier answered on Jan 28, 2014

Q: Do i need to file bankruptcy? i hav 12000 in over due dept and just had my bank account frozen,

1 Answer | Asked in Bankruptcy Law for Iowa on Mar 17, 2013.

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1 Answer | Asked in Bankruptcy for Iowa on

Q: Do i need to file bankruptcy? i hav 12000 in over due dept and just had my bank account frozen,

I can not come up with the 3000 plus dollars the company wants to unfreeze my bank account, they will not work with me at all, i also have a consideral amount of court fines that i have been paying off, so i dont get in trouble with the law

Andrew Bresalier answered on Jan 28, 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... Read more »

1 Answer | Asked in Bankruptcy for Iowa on

Q: How do I see if someone has filed bankuptcy in iowa?

Andrew Bresalier answered on Nov 14, 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

2 Answers | Asked in Bankruptcy for Iowa on

Q: Can an Iowa attorney represent me for a California bankruptcy.

Andrew Bresalier answered on Nov 10, 2011

Only if he is admitted to practice there. However, it maybe cost prohibitive, as he will be required to attend hearings in Ca.

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1 Answer | Asked in Bankruptcy for Iowa on

Q: Where do I go to get a copy of my banrruptcy I live IN Des MOINES Ioea

Andrew Bresalier answered on Nov 10, 2011

Sign up for PACER. The service is free, as long as you use less than $10 per calendar quarter. You must know the specific District Court where the case was filed and use the service for that District.

1 Answer | Asked in Bankruptcy for Iowa on

Q: How do you find out if you have been named a creditor in a bankruptcy suit?

Andrew Bresalier answered on Nov 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, pull up the specific case and review Schedule D if it is a Secured Creditor, Schedule E if it is a Priority Creditor,... Read more »

1 Answer | Asked in Bankruptcy for Iowa on

Q: My landlord has filed a chapter 7 what happens to the deposit i gave on the property

Eric M Wiechert answered on Oct 29, 2010

Check with an attorney admitted in your state. The National Association of Consumer Bankruptcy Attorneys (NACBA) has a useful lawyer finder. The bankruptcy code applies hierarchies against debtor assets.

Here it sounds like you 'may' have a claim. It's unclear if it is based on contract,...
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