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Kentucky Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Kentucky on
Q: Took tenant to small claims judge ruled in my favor but says she is filing bankruptcy can she add that to bankruptcy?

If so does that mean she doesn’t have to pay me what the judge ordered her to pay and is there a way to stop her from not paying us and adding it to the bankruptcy when she files? We filed the case in small claims before she ever started to file for bankruptcy but now she’s saying her lawyer is... Read more »

Stuart Nachbar
Stuart Nachbar answered on Sep 15, 2020

While she can add the back rent to the Bankruptcy, she cant just live there for free. If she is a Chapter 13, she has to bring current and stay current

If a Chapter 7, she either has to pay or get out

I HIGHLY recommend that you seek out counsel in your jurisdiction that can assist...
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2 Answers | Asked in Bankruptcy and Animal / Dog Law for Kentucky on
Q: We broke up, I took the dog. All the vet stuff is in my name, and I've paid for it. Is it my dog?

He hasn't been chipped. But he may have been registered by the breeder.

Timothy Denison
Timothy Denison answered on Aug 26, 2020

Have the dog chipped and registered to you and then it’s your dog.

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: How do I file my objection to the proposed relief letter with the court in a bankruptcy case? Does "file" mean just mail

it to them?? and it says the letter needs to be "served" to the trustee and debtors counsel?? again, mail it?

Timothy Denison
Timothy Denison answered on Aug 12, 2020

Yes. You may file by mail and yes serving means mailing a copy to debtors counsel and the trustee.

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: If I have a claim as a creditor in a bankruptcy case and I need to send an "objection to the relief" is there a form?

Or is a letter to the case attorneys enough?? I am in Louisville, KY but the case is in the United States Bankruptcy Court District of Delaware.

Timothy Denison
Timothy Denison answered on Aug 6, 2020

A letter is sufficient if it sets out your objection to the claim, is filed with the court and served upon the trustee and the debtors counsel.

3 Answers | Asked in Bankruptcy for Kentucky on
Q: My wife is in chapter 13 and owns property outside the plan. Is she allowed to transfer it to me to obtain mortgage?
David Luther Woodward
David Luther Woodward answered on Jun 22, 2020

Don't ask me! Ask your wife's lawyer!

You have given no underlying facts that support anything, so giving you an opinion is worthless.

Good Luck

d

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3 Answers | Asked in Bankruptcy and Business Law for Kentucky on
Q: What is the risk of filing Chapter 7 as a single owner LLC?
Nick Curtis Thompson
Nick Curtis Thompson answered on Apr 30, 2020

In Kentucky since you own the LLC solely it is solely your asset. A Trustee may be able to sell assets of the LLC. If the LLC had other members this is generally not possible for the Trustee.

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: If a coal company files bankrupt, are they still obligated to fulfill a lease agreement?

In the agreement, they suppose to deed me 8 acres of land once the final bond phase is up. They are currently going through the bankrupt.

Nick Curtis Thompson
Nick Curtis Thompson answered on Apr 9, 2020

No! In the bankruptcy petition the Debtor should have announced his option to pay the lease and accept it or reject it. If this is a lease and the bankruptcy was filed during an eviction proceeding the debtor may deposit any overdue funds with the court and accept the lease but immediately cure... Read more »

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: I'm in a Chapter 13 in Western Dist of KY. Confirmed in 2017. Will I have to turn stimulus check over to trustee?

The CARES act seems to be very clear that the Stimulus money cannot be used as "income" when FILING bankruptcy or when CONFIRMING the chapter 13 plan. The language isn't quite as clear for people currently in a confirmed Chapter 13 plan. Will I be able to keep the stimulus money or... Read more »

Timothy Denison
Timothy Denison answered on Apr 6, 2020

No. You should be able to keep your stimulus check if you otherwise qualify.

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: I had filed bankruptcy in 2016 and had filed it on my credit cards, now I have to give my lawyer another 500.00 to get

It taken off. Well she went through district court instead of bankruptcy court. I have sold my place. Is this legal?

Timothy Denison
Timothy Denison answered on Mar 4, 2020

I have no idea what you just said. What is your question?

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: My Ch 13 case was dismissed in NC. Just moved to KY. If I decide to give up the vehicle will they do a garnishment?
Timothy Denison
Timothy Denison answered on Feb 22, 2020

Ultimately, if the judgment is not paid, yes.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: I filed Chapter 13 four years ago. Can I use my 2019 state tax refund to pay my 2019 federal taxes that will be due?
Timothy Denison
Timothy Denison answered on Feb 12, 2020

Not without approval of court bc the 2019 refund is an asset of the estate.

4 Answers | Asked in Bankruptcy for Kentucky on
Q: My husband and ex wife had a vehicle together. And they failed to make the payments. Can my husband file bankruptcy?
Nick Curtis Thompson
Nick Curtis Thompson answered on Nov 1, 2019

Yes, we file bankruptcy for just one spouse all the time. The means test does use the income for both spouses to determine whether a Chapter 13 or 7 should be filed but most of the time just one spouse can file.

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can I withdraw my bankruptcy request?

My husband and I paid a partial retainer and signed the paperwork for the lawyer for file chapter 7 bankruptcy. We have not completed any of the required documents nor have we completed the required credit counsel. We were told nothing would be filed until we completed both and it also states in... Read more »

Timothy Denison
Timothy Denison answered on Aug 31, 2019

Yes, you can.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: How long does it take to get chapter 13 discharge after the final payment in Kentucky?
Timothy Denison
Timothy Denison answered on Aug 10, 2019

Usually about 30 days.

3 Answers | Asked in Bankruptcy for Kentucky on
Q: I am having problems with bank about a past bankruptcy

I filed chapter 7 in 2008

My lawyer was supposed to remove my car off of it. I refinanced car right after bankruptcy. In 2011 I got beside on payments. Then the bank comes back and said I filed bankruptcy on it so I gave it back to them. A few months ago the sent me a letter saying they... Read more »

Clark Dray
Clark Dray answered on Jul 8, 2019

Please correct me if I've misunderstood, but in your question you indicated that you filed bankruptcy in 2008, but then refinanced the car in 2011. If the refinance took place after the bankruptcy, that's new debt which isn't included in the 2008 case. As such the creditors are... Read more »

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Bankruptcy court said payments are due, but they want me to pay more than 30% of my SSI check. What can I do?

I draw just over $700 a month and they're taking just under $300. Could I file for bankruptcy to get rid of these judgments even though they were from a bankruptcy court, or what can I do?

Timothy Denison
Timothy Denison answered on Jun 23, 2019

No. You cannot discharge payments ordered by the bankruptcy court in a past, present or future bankruptcy filing.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Put a vacay on a credit card a few weeks ago. Then got denied on our loan so filing chap 13. Will they object.

Truly not a fraud charge, we have never discussed bankruptcy, both work 2 jobs and run a business. But suddenly no one wants to give us a loan to consolidate debt and someone suggested a chapter 13. But this vacation is an issue even tho it was 100% non fraudulent

Timothy Denison
Timothy Denison answered on Jun 22, 2019

You’ll have to list it and explain it to the trustee. Probably can be resolved so long as you can show that is not a fraudulent transaction.

2 Answers | Asked in Bankruptcy for Kentucky on
Q: I own two vehicles. One is paid for i have loan on the other which my mom cosigned for. Can i keep then both chap 7 n KY
John Robinson
John Robinson answered on May 21, 2019

In all likelihood, yes. The only problem would be if the two vehicles have a lot of value (equity in the vehicle with the loan). You will just need to continue making the loan payments to keep the second vehicle.

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: How long before you can get your license reinstated following filing bankruptcy on a criminal lawsuit because of car acc
Timothy Denison
Timothy Denison answered on Mar 14, 2019

You can have your license reinstated once the discharge is entered.

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