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Kentucky Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Kentucky on
Q: I am considering filing bankruptcy I am on a fixed income I own one vehicle no personal property do I need to file

I am on a fixed income

Timothy Denison
Timothy Denison
answered on Jul 26, 2018

Depends on how much debt you have...

1 Answer | Asked in Bankruptcy for Kentucky on
Q: My credit report shows a chapter7 bankruptcy filed Sept 09. When in fact chapter 13 was filed. Chapter7 in2010

Should it show this way or can I dispute it since in 2009 it was a 13

Timothy Denison
Timothy Denison
answered on Jul 13, 2018

Dispute it and get the dates corrected!

2 Answers | Asked in Bankruptcy for Kentucky on
Q: Well considering they are killing me on a garnishment i probably should file bankruptcy

But do i file chapter 7 or 13

Timothy Denison
Timothy Denison
answered on Jun 7, 2018

That depends on an analysis of your finances and debt that your bsnkruptcy lawyer will perform and tell you. If it means anything, the minute you file bankruptcy, the harm stops. So sooner is better than later.

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Is there any attornys that care a small fee in ky area becahse i get 435.00 every 2 weeks.n.soley support a 13 yr old gi
Timothy Denison
Timothy Denison
answered on Jun 7, 2018

Depends on what you are looking to do.

1 Answer | Asked in Bankruptcy, Personal Injury and Car Accidents for Kentucky on
Q: K mean they was using an address from liks 10 yrs ago n that same insurance co. N that was on report. Hos it legal.

I cant afford an attorny in my area due to the amount they keep taking

Timothy Denison
Timothy Denison
answered on Jun 7, 2018

Hiring an attorney is the only way and fastest remedy you have bc they will continue taking your money otherwise.

2 Answers | Asked in Car Accidents, Personal Injury, Bankruptcy and Small Claims for Kentucky on
Q: i am being garnished from an accident 4 years ago and i cant pay my bills or feex my kid. what can i do

i tried for low income assistance even but my gross is what they count. the garnishment was set at 20000 dollars but i didnt even know about it til i was being garnished

Timothy Denison
Timothy Denison
answered on May 26, 2018

You may try to negotiate its the garnishee. At some point, you had to have been served with the complaint o thy couldn’t have gotten a judgment against you, which is a prerequisite for a garnishment. You may be eligible to file a chapter 7 or 13. Consult a local bankruptcy attorney who can... View More

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Is filing bankruptcy considered a civil suit?

Im applying for a job and they are asking if I have ever been a plaintiff in a civil suit. I have gone through bankruptcy so I need to know if its a civil suit or not for that

Timothy Denison
Timothy Denison
answered on May 22, 2018

No. Bankruptcy is an administrative proceeding.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: If someone is in a long term drug rehab facility, can they be considered a resident in that area for legal aid purposes?

My son is 26. He is homeless. He needs to file bankruptcy. He's in Louisville, Kentucky and will be there for at least a year. He needs legal aide but the place in Louisville doesn't service the county from which he came. Would he be able to consider the Healing Place in Louisville as his home?

Timothy Denison
Timothy Denison
answered on May 10, 2018

He should, yes. He has to have been in Kentucky for six months prior to filing to establish residency.

2 Answers | Asked in Bankruptcy for Kentucky on
Q: In Kentucky, If I file a chapter 13 bankruptcy, but marry after filing, how do the wife and I split the tax refunds?

I have to pay my refund into the plan. 96% of the income is mine, but all of the tax deductions and tax breaks are hers.

Timothy Denison
Timothy Denison
answered on May 1, 2018

Split the return 50/50. It’s now marital money. Your 50% will still have to be paid into the plan. She will need to file an injured spouse form as well.

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: When does Chapter 7 bankruptcy protection begin? When you pay the attorney fees, sign the documents, or go to court?
Timothy Denison
Timothy Denison
answered on Apr 24, 2018

The automatic stay goes into effect the moment the bankruptcy is filed with the court.

1 Answer | Asked in Business Law, Contracts and Bankruptcy for Kentucky on
Q: If a business goes bankrupt, is there still something you can do seven years later?

We out grew our old church and built a new one 7 years ago. The primary contractor went bankrupt while building our church. It cost $3 million dollars; however, it is definitely not a $3 million dollar job! We have had MANY problems because of "shotty" work, lesser quality materials,... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

If you were listed as a creditor in the bankruptcy seven years ago the contractor was discharged, your opportunities died with the discharge. If you were not listed as a creditor, then you may take action against him.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: My credit report shows my car loan was discharged in my chapter 7 bankruptcy but I did not include it, am I still liable

My mom was a co-signer on this loan and that’s why it was not included on my bankruptcy. It shows no balance on her credit report for the car either plus it shows it was under chapter 7 bankruptcy on her credit to. Can she be held liable for the car ?

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

Yes she can if she did not file bankruptcy. If you did not include it in your schedules as an asset or a liability, you may need to amend your schedules to reflect that and continue to pay for the car.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Is there anyway after filing Chapter 13 bankruptcy in Kentucky that you can get back your tax return

we are behind on a fews bills and are depending on it

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

Only if your Chapter 13 is a 100% repayment plan. Otherwise, the Trustee keeps the proceeds and disburses it pro tara to the unsecured creditors in your case.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: I am thinking about filing bankruptcy without my spouse. Does he have to know?

I was told he would have to go to court with me even if I file singularly. Is that true? Also, I have a credit card that I gave his name so he could have a card. I didn’t know it but it showed up on his credit report. I don’t remember giving his social security number. I called the credit... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

If he is a co-debtor on any of these debts, he must be given notice as a co-debtor. If he is not a co-debtor on any debt, then he does not have to go with your or receive notice, although the credit card In both names probably necessitates notice to your husband.

1 Answer | Asked in Bankruptcy, Contracts and Divorce for Kentucky on
Q: How can I get a copy of a land contract that isn't filed from some one who won't give it to me?

I need a copy of a land contract my name is on for bankruptcy. My ex-wife and the land owners are family and will not give me a copy.

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

File your bankruptcy and then drop s subpoena on them to appear at the creditors meeting and produce a copy of the land contract.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: If you receive a lump sum from pension before filing Chapter 7, are you allowed to keep any of it to live off of?

I am receiving a pension lump sum in a week due to leaving employer to take care of children. Hoping to be able to use the pension to help with loss of income and save some to pay the taxes on it.

Timothy Denison
Timothy Denison
answered on Apr 16, 2018

You can claim either a Federal or state exemption for your pension and likely be able to keep it. It probably needs to temporarily be rolled into an IRA or other qualifying savings plan to protect it. If you have not received the money yet, it would be best to file your bankruptcy, yes your... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Collections for Kentucky on
Q: Bankruptcy or credit card question. Can I be arrested for not paying creditors?

Disabled senior citizen can't pay off credit card debt and need to file bankruptcy. I was told because I receive SSI, have no savings or checking account, own no property, no life insurance, on fixed income there would be no need to file bankruptcy. I closed accounts and destroyed credit... View More

David Earl Phillips
David Earl Phillips
answered on Feb 19, 2018

There is no debtor's prison. If there was, over 50% of Americans would be in jail. You may very well be judgment proof and not need a bankruptcy filing. It would still not hurt to talk with a bankruptcy near you to get an opinion and to see all of your options. Most lawyers offer a free... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: If I file chapter 13 without my husband attached, will he lose his law license?
David Earl Phillips
David Earl Phillips
answered on Jan 31, 2018

I am not aware of any situations where your chapter 13 would impact your husband's law license. Talk with your local bankruptcy lawyer and I am sure they would know if that is a problem. I have never heard of that happening in over 30 years of bankruptcy practice so I would not worry about it.... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: My Bankruptcy was discharged back in 2012. One of the things Included in my BR was a credit card that my mother was a

Co signer on. The bank never tried to collect the debt from my mother until 5 years later when they noticed the error. Can they legally still go after her?

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 11, 2018

Yes. Co-signors are still obligated to pay a debt, even if the original debtor received a bankruptcy discharge.

Information provided for informational purposes only and should not be taken as legal advice.

2 Answers | Asked in Bankruptcy, Car Accidents, Collections and Small Claims for Kentucky on
Q: How can I stop a wage attachment
David Earl Phillips
David Earl Phillips
answered on Dec 24, 2017

See a Bankruptcy lawyer near you. Stopping a wage attachment is something that comes up in a lot of bankruptcy cases and can be dealt with very quickly. A bankruptcy lawyer can look over your entire situation and see if bankruptcy would be a good option. There may be other ways to deal with this... View More

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