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Kentucky Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Kentucky on
Q: Is it better to file bankruptcy or let a trailer go back
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Oct 24, 2017

Trailers are the very worst way to purchase a home. It is almost always better to let the trailer go back and to purchase a home which increases in value over time. A Trailer always depreciates in value. If it is all you can afford I understand it. But the payment is rent and eventually it falls... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can I still file bankruptcy if my ex wife's name is on the mortgage and deed to? She said she doesn't want it
David Earl Phillips
David Earl Phillips
answered on Oct 23, 2017

Yes, you can file bankruptcy even if your ex-wife is on the deed and mortgage. Of course, you have to qualify to file and your bankruptcy would not get rid of any obligation your ex may have on the property. She would have to file her own bankruptcy if that was an issue. See a bankruptcy lawyer in... View More

3 Answers | Asked in Bankruptcy for Kentucky on
Q: Do I have to go to court for bankruptcy
Nels Hansen
Nels Hansen
answered on Oct 14, 2017

If you are the debtor, you will have to attend the 341 meeting of creditors. The meeting will be conducted by the Trustee. In a chapter 13 you may have to attend the confirmation hearing of your plan.

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3 Answers | Asked in Bankruptcy and Divorce for Kentucky on
Q: Does bankruptcy discharge maintenance obligations?

Court ordered payment of back owed maintenance.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 9, 2017

Domestic support obligation are not discharged

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4 Answers | Asked in Bankruptcy for Kentucky on
Q: Does bankruptcy discharge child support obligations?
David Earl Phillips
David Earl Phillips
answered on May 16, 2017

No, it does not discharge child support obligations. You may be able to pay back arreages in a chapter 13 plan. Talk with a bankruptcy lawyer to see if chapter 13 might be a good option. Good luck!

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can you file chapter 7 on federal income taxes
Brandon Voelker
PREMIUM
Brandon Voelker
answered on Mar 28, 2017

Yes, there are very specific rules, but first and foremost, that you filed all returns timely and they were not fraudulent. You should contact a bankruptcy attorney to discuss your specific situation.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can you file chapter 7 on fed taxes
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Mar 5, 2017

Yes. There are 6 factors. FIRST the taxes must be at least 3 years old. SECOND you must file the returns at least 2 years before filing the bankruptcy. Third there must be no assessment within 240 days before the bankruptcy. Fourth filing any bankruptcy filed within the 3 year period will... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: If I file for bankruptcy can they take my semi away? Driving is my only source of income.
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Nov 14, 2016

There is an anti discrimination provision of the bankruptcy code. You never lose a professional license just because you filed bankruptcy. There may be some other reason such as an unpaid traffic violation or you didn't pay for the truck and they repossessed it. But if you lost the truck... View More

1 Answer | Asked in Bankruptcy, Collections and Family Law for Kentucky on
Q: If husband files bankruptcy am I, his wife, liable for his medical debts
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Nov 9, 2016

No not unless you signed to be liable for them.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: I filled bankruptcy in 2009 I filled on my 2 nd mortgage but I've been paying it can I stop paying it

The interest

Has gone crazy I can't pay it

Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Nov 9, 2016

Filing bankruptcy gets rid of your personal responsibility for the debt however it does not get rid of the mortgage unless you stripped the 2nd mortgage. Did your attorney talk to you about how this is done in a Chapter 13. Often if a second mortgage can be stripped and eliminated a Chapter 13... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can a creditor listed in a bankruptcy add a derogatory closed account to your credit after the case is finalized?
Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Nov 9, 2016

Generally since you don't owe the account any longer you can not be overdue. A correct listing should be account closed. You will have to correct this with the credit bureaus however.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can I list an expected tax check under assets to prevent it from being intercepted when filing ch.7 bankruptcy?
Lamya A. Forghany
Lamya A. Forghany
answered on Jan 22, 2016

Yes you can. Depending on your state exemptions, you can exempt any anticipated tax returns. I would call a local attorney to help you through the process and make sure that is the case for your district.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: I filled bankruptcy on my second Line of mortgage but I still payed it now the interest has gone up and I can't pay

Just want to no what we I'll happen if I can't pay any more

Lamya A. Forghany
Lamya A. Forghany
answered on Jan 22, 2016

If you filed bankruptcy and you included your 2nd MTG in it, then you are not financially obligated to pay it. However, this can impact your home. You should call your bankruptcy attorney to help you.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: I am considering bankruptcy for my debts. My home is in foreclosure. I am hesitant because I am included in a corp

The corporation is with my parents and brothers and we own some rental homes. There is not much equity there and we owe on each home.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 22, 2015

If you were to file for bankruptcy protection, your interest in the corporation would be considered an asset of the bankruptcy estate. That interest (shares) could be sold and the proceeds used to pay your debts.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: If I was discharged from Ch. 7 in 2010 can I be billed 5 yrs later for a utility??

I filed Ch 7 in 2009 and was discharged in 2010. I recently got a statement from a utility company that said that I owed an outstanding balance from a date prior to my even filing bankruptcy. I was given the option to pay the balance or have my service disconnected so I unfortunately had to pay... View More

David B. Levin
David B. Levin
answered on Sep 14, 2015

If the debt was discharged in bankruptcy, later collection action on that debt violates the bankruptcy discharge order. Creditors who violate the discharge order may be sanctioned by the bankruptcy court. Talk to a consumer lawyer in your areas who handles bankruptcy discharge violations to... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Worked out a loan modification thru our attorney and lender.Lender backed out at last minute. do we need a new attorney?

We had a balloon mortgage. it matured and the bank would not refinance. we filed bankruptcy to try to save our home. The lender came up with a proposal and we agreed. We had a phone conference to finalize everything and at that point the bank backed out. Our attorney had no clue this was going to... View More

Justin Lee Lawrence
Justin Lee Lawrence
answered on Nov 3, 2014

Probably not. Lenders are ridiculously flaky like that. If you are in bankruptcy and making mortgage payments, then the automatic stay is protecting your home.

Here is some information about bankruptcy's effect on foreclosures:...
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1 Answer | Asked in Bankruptcy for Kentucky on
Q: I filed for Chapter 13 bankruptcy todaycan my home be auctioned on the date which has been set for Apr 8th?
Justin Lee Lawrence
Justin Lee Lawrence
answered on Nov 3, 2014

If the master commissioner had notice of your bankruptcy, then it should not have been sold. If the master commissioner did not get notice, then the sale may have occurred anyway. If that happened, then the sale is final and the home is lost. Hopefully you got notice to the master commissioner... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can I see the complete docket that a company has filed in bankruptcy court such as professional retention

I want to see if my name is on the list for employment retention. How do I do that

Justin Lee Lawrence
Justin Lee Lawrence
answered on Nov 3, 2014

Yes, a bankruptcy filing is public record. However, the employment retention information may not be filed with the court. It depends on the status of the case and the particular requirements for that court.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: can a car lot come and take your lis. plates off your car if you put that car on your bankruptcy?
Justin Lee Lawrence
Justin Lee Lawrence
answered on Nov 3, 2014

No. If you've filed bankruptcy, tell your attorney immediately. I think you can threaten them with an adversary action for violating the automatic stay.

Here is more information about the automatic stay: http://www.lawrencelaws.com/what-is-an-automatic-stay-and-how-does-it-affect-me/

1 Answer | Asked in Bankruptcy for Kentucky on
Q: what is chapter 7
Justin Lee Lawrence
Justin Lee Lawrence
answered on Oct 15, 2014

That's a really broad question and I could talk your ear off for an hour giving you the answer.

Basically, a Chapter 7 is a bankruptcy where you discharge all your unsecured debt but do not get rid of secured or priority debt. It is possible to lose property in a Chapter 7 if the...
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