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Kentucky Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Kentucky on
Q: Can a spouse file bankruptcy without the other spouse's consent or knowledge?
Justin Lee Lawrence
Justin Lee Lawrence
answered on Oct 15, 2014

If I understand your question to be: Can one spouse file a bankruptcy only for him- or her-self without the other spouse filing or knowing about it, then the answer is yes. Even when married, only one spouse needs to file. The other spouse is not part of the bankruptcy and the other spouse's... View More

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4 Answers | Asked in Bankruptcy for Kentucky on
Q: We have approximately $70,000 in unsecured debt. I want to file bankruptcy is there a cutoff on what you can make?
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 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... View More

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: I won a civil judgment. My lawyer is deposing couple this week but expects bankruptcy. How can I prevent discharge?
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

A: Unless there is unexempt property, usually a Creditor does not receive payment. Even when something is unexempt and administered, Creditors generally only get pennys on the dollar. Unless you can show some fraud in the granting of the loan and have your loan declared nondischargable, the most... View More

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1 Answer | Asked in Bankruptcy for Kentucky on
Q: There is no way I can afford to pay my debts on SSI benifits so how do I resolve debts and stop harrassing collectors?
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

Fees vary case to case based upon the amount of work required. Chapter 7 cases generally start at $1,500 for an experienced Bky atty. Chapter 13 cases start at about $2,500. Some attorneys, like myself offer specials and discounts. The Filing fee for a Chapter 7 is $306, for a 13 it is $281. If... View More

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Do I need a bankruptcy lawyer if I receive SSI benifits in Kentucky?
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can i avoid being responsible for a judgement from family court by filing bankruptcy?

Family court judge ordered me to pay my ex-wife's attorney fees. Will filing bankruptcy rid me of this responsibilty?

Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

If there was no Child/Spousal Support granted, it is dischargeable. However, if the fees were incurred in the pursuit of support or are noted to be "in the nature of support" No.

If there was no Child/Spousal Support granted, it is dischargeable. However, if the fees were incurred...
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1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can I file bankruptcy on attorney fees I owe my ex wife?
Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

If there was no Child/Sposal Support granted, it is dischargable. However, if the fees were incurred in the pursuit of support or are noted to be "in the nature of support" No.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can I collect on a debt if

I received a notice from the bankruptcy court saying that an order was entered denying the discharge of the debtors. Does this mean that I, as a creditor can attempt to collect on the debt

Andrew Bresalier
Andrew Bresalier
answered on Jan 29, 2014

If the Bky was dismissed you can resume your collection efforts.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can my ex husband get chapter 7 bankruptcy on a default divorce decree where judge ordered to pay loans not in his name?
Andrew Bresalier
Andrew Bresalier
answered on Jan 19, 2012

Unless the Family Law Court Ordered, or it was placed in the Dissolution Agreement that the debt was "in the nature of support" it can be Discharged in a Bankruptcy.

1 Answer | Asked in Bankruptcy for Kentucky on
Q: What do i have to do to get my money for hours i worked for a company that is now in chap 7 bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

You should file a Proof of Claim in the bankruptcy case. This form should have been provided to you with the Notice of Bankruptcy. Depending your priority as a Creditor and if the Debtor has any property to be administered, you may receive something. Wages are consider a high priority.

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