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Kentucky Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Kentucky on
Q: Can I see if a debtor included me in his bankruptcy

Case 3-20-BK 30379

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you can check if a debtor has included you as a creditor in their bankruptcy case. Here are the main ways to see if you've been listed in someone's bankruptcy filing:

1. Review the Debtor's Bankruptcy Schedules and Statements:

- The debtor has to file schedules...
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3 Answers | Asked in Bankruptcy for Kentucky on
Q: My house foreclosed a year and half ago. I'm getting a bill from an insurance company for 2700.00 what do I do.
Nick Curtis Thompson
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Nick Curtis Thompson
answered on Jan 25, 2024

The mortgage company normally pays the insurance during the foreclosure. I don't know if the insurance company is sending you the bill because you contracted for insurance or the insurance was forced placed and contracted for by the mortgage company. Either way, you normally are not liable for... View More

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: My house foreclosed a year and half ago. I'm getting a bill from an insurance company for 2700.00 what do I do.
James L. Arrasmith
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answered on Jan 26, 2024

Receiving a bill from an insurance company for a house that foreclosed over a year ago can be confusing and concerning. The first step is to verify the legitimacy of the bill. Contact the insurance company directly to understand why you are being billed, especially since you no longer own the... View More

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: If I file bankruptcy in ky can they take my car if it’s my only means of transportation if their is a lien against it?
James L. Arrasmith
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answered on Dec 31, 2023

In Kentucky, when you file for bankruptcy, whether your car can be taken depends on several factors. If there is a lien on your car, the creditor holding the lien has a right to repossess the vehicle if the loan is not paid. However, in a bankruptcy case, certain protections may apply.

If...
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3 Answers | Asked in Bankruptcy for Kentucky on
Q: If I file bankruptcy in ky can they take my car if it’s my only means of transportation if their is a lien against it?
Nick Curtis Thompson
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Nick Curtis Thompson
answered on Dec 31, 2023

The creditor with a lien on it can take it regardless of whether it is your only means of transportation. They have an ownership interest in it if they have a lien on it. Also, anyone who sues you and places a lien on property can take it, whether it is a tax lien, IRS lien, student loan, or... View More

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3 Answers | Asked in Bankruptcy and Foreclosure for Kentucky on
Q: How do Stop A Foreclosure,When Miss A payment by Mistake when your in Chapter 13 Bankruptcy Program?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 10, 2023

When in an active bankruptcy case, especially a Ch. 13, there is an automatic stay of any actions against the property of the debtor's estate and/or the debtor, to collect a debt.

In order to proceed with a foreclosure case in a non-bankruptcy court, the foreclosing creditor must...
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3 Answers | Asked in Bankruptcy and Foreclosure for Kentucky on
Q: How do Stop A Foreclosure,When Miss A payment by Mistake when your in Chapter 13 Bankruptcy Program?
James L. Arrasmith
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answered on Nov 5, 2023

If you've missed a mortgage payment by mistake while in a Chapter 13 bankruptcy, it is critical to address the issue promptly:

1. Contact your bankruptcy attorney immediately to discuss the situation. They can provide guidance specific to your case and may be able to negotiate with the...
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2 Answers | Asked in Bankruptcy for Kentucky on
Q: Can a creditor of unsecured credit card debt file an adveseral proceedings against me? I have never filed for bankruptcy

Do creditors file adveseral proceedings against debtors who are behind to discourage someone filing bankruptcy

James L. Arrasmith
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answered on Nov 5, 2023

Creditors of unsecured credit card debt typically do not file adversarial proceedings if you have not filed for bankruptcy. Adversarial proceedings are part of the bankruptcy process, where a creditor challenges the dischargeability of a debt. If you're behind on payments, creditors may... View More

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: Bankruptcy and buy now pay later

I have filed bankruptcy but forgot to list my buy now pay later contracts. Should I tell my lawyer about those? Also, are those considered credit?

James L. Arrasmith
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answered on Nov 5, 2023

You should inform your lawyer about all debts and financial obligations, including "buy now, pay later" contracts. These contracts are typically considered credit agreements and should be disclosed in your bankruptcy filing. Failure to list all creditors can result in some debts not being... View More

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: If you file bankruptcy on a business will it affect you personally?

I have two loans one tied to a cd and a credit card in business name.

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Jan 18, 2023

It should only affect you personally if you also guaranteed the debt. Most businesses are a separate entity just like a separate person. You are only liable for a debt to a creditor if you agreed to be liable for it. You can co-sign with your company or a person and be held liable.

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: We have $50,000 in debt that we may file Chp7 on, but we don’t want to file on a tractor we bought last year.

We would like to continue to make payments on it and keep it because we need it for our property. The home & 1 acre is in my name because I lived here before my husband and I married. We use the tractor for property maintenance and feeding our cows. (We have 2 that are being raised for our meat... View More

John Robinson
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John Robinson
answered on Jan 17, 2023

Great question, and one that I frequently field from potential filers. The John Deere Finance loan will have to be identified in the bankruptcy schedules. This ABSOLUTELY does NOT mean that you have to give up the tractor. There are multiple paths available to keep the tractor. One path,... View More

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: We have $50,000 in debt that we may file Chp7 on, but we don’t want to file on a tractor we bought last year.

We would like to continue to make payments on it and keep it because we need it for our property. The home & 1 acre is in my name because I lived here before my husband and I married. We use the tractor for property maintenance and feeding our cows. (We have 2 that are being raised for our meat... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 17, 2023

When you file a bankruptcy petition, the accompanying Schedules ask for ALL your assets (the Section 541 definition of "estate" is quite broad) and ALL your debts/claims against you. You sign those Schedules under penalty of perjury (it's a felony, and the penalty is steep).... View More

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2 Answers | Asked in Foreclosure, Bankruptcy and Real Estate Law for Kentucky on
Q: Hypothetically Is there a way to take over someone’s home and loan, (including loan interest rate)

hypothetically a close relative needs to file bankruptcy but I assume she will loose the home in the process so I will take over home and loan then rent it to them theory. The home mortgage is currently and no payments missed

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 22, 2022

She won't necessarily lose the home, but it depends. If she has equity, if she's been up to date on paying her mortgage etc. Your relative would need to speak to bankruptcy counsel re the specifics of her situation.

Re you taking over, that is something you would need to request...
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1 Answer | Asked in Bankruptcy for Kentucky on
Q: When a bankruptcy case is filed do all claims or lawsuits against you get dismissed?
Jonathan Hodge
Jonathan Hodge
answered on Nov 11, 2022

Most will but there are exceptions to discharge. The most common non-dischargeable debts are domestic support obligations, student loan debt, and most tax debt owed to federal, state or local governments. Debts from misrepresentations made to get credit, debts arising from fraud, "willful... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: AGREED ORDER EXTENDING DEADLINES FOR CASE TRUSTEE AND U.S. TRUSTEE TO FILE $727 COMPLAINTS AND MOTIONS FOR DISMISSAL FOR

On ore tenus motion of the debtor(s) and the trustee in the above styled cause to extend the deadlines for filing § 727 complaints and/or a motion to dismiss for abuse by the case trustee or the United States Trustee and the Court, having considered the same, finds for good cause shown that said... View More

Timothy Denison
Timothy Denison
answered on Jun 14, 2023

It means the court has enlarged the time and added 60 more days for anyone to file a motion to dismiss for abuse.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: In WV do i have to disclose my marital status? They are also asking for the name of previous spouse.
Timothy Denison
Timothy Denison
answered on Jun 7, 2023

Depends on who is asking and why. You do not have to disclose anything , although it may adversely impact your application if not disclosed.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: For purposes of FRCP 15, is an Answer a responsive pleading?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 15, 2023

Yes.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: How can I fine a lawyer to file bankruptcy
Timothy Denison
Timothy Denison
answered on Feb 8, 2023

Your local bar association or legal aid society can help you or you can research local bankruptcy attorneys online to find the right one for you.

1 Answer | Asked in Bankruptcy, Consumer Law, Employment Law and Collections for Kentucky on
Q: My employer received a garnishment form to garnish my wages. The file date for garnishment was 2007. Is there time limit
Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. There is a 15 year statute of limitations on a judgment collection if it has not been renewed.

2 Answers | Asked in Bankruptcy for Kentucky on
Q: If you have filed chapter 13 in 2020 and it was discharged, would I be eligible to file chapter 7?

My husband unfortunately has entered a rehab facility and is not able to help with our bills.

Stuart Nachbar
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Stuart Nachbar
answered on Oct 14, 2022

If you filed a Chapter 13 in 2020, how are you discharged already? If you got your discharge in 2020, it depends more on when you filed the Petition, as that is the controlling moment

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