Lawyers, Answer Questions  & Get Points Log In
Maryland Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: what is my Ex's financial responsibility, if any, to a debt i incurred 3 years after our divorce?

My wife and I get a divorce and I'm ordered to pay some alimony.

Three years later I'm in and out of psych wards depleting me to bankruptcy.

Is my wife legally responsible to any of my own debt or past/future expenses of

a psych ward or nursing home?

Would... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023

In general, after a divorce, each ex-spouse is typically responsible for their own debts incurred after the divorce decree is finalized. This means that debts you acquired three years after your divorce, including those related to medical or psychiatric care, would usually be your responsibility,... View More

View More Answers

3 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: Can a postnuptial agreement or Divorce decree free a spouse from creditors collecting on the other spouses debt?

My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 21, 2023

If you file a Chapter 13 petition in the future, it includes a co-debtor automatic stay for claims "dealt with by the Plan".

Filing a bankruptcy does not create a liability in a non-filing spouse. If she is currently liable as a joint obligor, then she remains liable for that...
View More

View More Answers

3 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: Can a postnuptial agreement or Divorce decree free a spouse from creditors collecting on the other spouses debt?

My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023

It depends on where you live. If Maryland is a community property state, then you are both equally liable on all debts incurred during the marriage, regardless of whose name is on the contract. Although a post-nuptial agreement or divorce decree can assign responsibility to one spouse or the other... View More

View More Answers

3 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: Can a postnuptial agreement or Divorce decree free a spouse from creditors collecting on the other spouses debt?

My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023

In Maryland, a postnuptial agreement or a divorce decree can define financial responsibilities and liabilities between spouses, including those related to debts. If properly drafted and executed, these agreements can clarify that your wife is not responsible for your debts incurred after the... View More

View More Answers

1 Answer | Asked in Bankruptcy for Maryland on
Q: If your application to have Chpt.7 filing fee waived is denied when you file your Chp7. petition/case, how long do ...

... you have to make the first of the installment payments? AND, just want to make sure that either way the case is indeed filed and you receive a case number when you file regardless if you are requesting the waiver or not. OR do they only officially file the Chpt.7 petition AFTER a decision has... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

When you file for Chapter 7 bankruptcy and your application to have the filing fee waived is denied, the bankruptcy court typically allows you to pay the filing fee in installments. The court will set a schedule for these payments, and generally, the first installment is due approximately 30 days... View More

3 Answers | Asked in Landlord - Tenant and Bankruptcy for Maryland on
Q: Just filed Chpt7 and received case #, etc. but have eviction case on Monday. How do I present district court with injunc

I need to let the Dist. Court know that I have filed for Chapter7 and halt the proceeding (eviction hearing) that is on Monday. I was told I could call in with the BR case # once filed. But the DC is now saying I need to file something with my DC case # and the BR case #, but could not tell me... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2023

TODAY, call the landlord's atty and give them the case number. This is really a state court question, but if you have something with the DC caption on it, make a copy of it, title it "Notice of Bankruptcy Filing" and attach a copy of the Bankruptcy Court notice of filing that's... View More

View More Answers

3 Answers | Asked in Landlord - Tenant and Bankruptcy for Maryland on
Q: Just filed Chpt7 and received case #, etc. but have eviction case on Monday. How do I present district court with injunc

I need to let the Dist. Court know that I have filed for Chapter7 and halt the proceeding (eviction hearing) that is on Monday. I was told I could call in with the BR case # once filed. But the DC is now saying I need to file something with my DC case # and the BR case #, but could not tell me... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

Upon filing for Chapter 7 bankruptcy, the automatic stay that goes into effect can halt an eviction proceeding temporarily. To inform the District Court, you typically need to file a notice of the bankruptcy case, which includes your case number and the relevant information showing the stay is in... View More

View More Answers

2 Answers | Asked in Bankruptcy for Maryland on
Q: Application to have Chpt.7 filing fee waived question about Q.5 of form 103B (i.e. tell court why) ...

Question 5 on the Application to Have Chapter 7 Filing Fee Waived asks ... "Tell the court why you are unable to pay the filing fee in installments within 120 days. They don't give you a lot of space, so I imagine they are not looking for tons of details, but I wrote the following... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

The statement you've drafted for Question 5 of the Application to Have the Chapter 7 Filing Fee Waived seems to convey the urgency and severity of your financial situation clearly and succinctly. The court typically looks for a straightforward explanation of your financial hardship. It is not... View More

View More Answers

4 Answers | Asked in Bankruptcy, Business Law and Government Contracts for Maryland on
Q: Filing Chpt.7 BR. Don't know how to answer "are debts primarily consumer or business debts" as is 50/50 with SBA EIDL.

Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz.

1) I do not know how to answer the question as to whether I haver primarily consumer debt or... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 1, 2023

The question of consumer vs. business debt does not really determine anything (just for statistical purposes of how many consumer cases vs. business cases are filed). My recommendation would be to check the consumer box. No, it is not possible that the SBA has forgotten you. And no, you cannot not... View More

View More Answers

4 Answers | Asked in Bankruptcy, Business Law and Government Contracts for Maryland on
Q: Filing Chpt.7 BR. Don't know how to answer "are debts primarily consumer or business debts" as is 50/50 with SBA EIDL.

Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz.

1) I do not know how to answer the question as to whether I haver primarily consumer debt or... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 1, 2023

The key to answering all of the Official Form bankruptcy questions is full disclosure. In our opinion, you can answer either way, but the rest of the questions in your completed forms will answer this question adequately, if full answers are given.

With your intent to file for relief,...
View More

View More Answers

4 Answers | Asked in Bankruptcy, Business Law and Government Contracts for Maryland on
Q: Filing Chpt.7 BR. Don't know how to answer "are debts primarily consumer or business debts" as is 50/50 with SBA EIDL.

Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz.

1) I do not know how to answer the question as to whether I haver primarily consumer debt or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

When determining whether debts are primarily consumer or business in nature, especially in a case where it is a close call, it is essential to consider the purpose for which the debts were incurred. For a sole proprietorship, business debts are those incurred with the motive of economic gain or in... View More

View More Answers

2 Answers | Asked in Bankruptcy for Maryland on
Q: If you file a fee waiver or installment app. for a Chpt7., does that delay the filing of the petition?

If you are filing a Chapter 7 BR petition and you file an application to have the filing fee waived, would you have to wait for a decision and then the Chapter 7 filing would not go through at that same day?

Same question for application for the fee in installments? And do you just need... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2023

Filing an application for a fee waiver or, in the alternative, installment payments will not delay the filing of your bankruptcy petition. At least where I'm located (Central District of California), the clerk will review your petition to make sure it's complete, then forward the... View More

View More Answers

2 Answers | Asked in Bankruptcy for Maryland on
Q: If you file a fee waiver or installment app. for a Chpt7., does that delay the filing of the petition?

If you are filing a Chapter 7 BR petition and you file an application to have the filing fee waived, would you have to wait for a decision and then the Chapter 7 filing would not go through at that same day?

Same question for application for the fee in installments? And do you just need... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

Filing an application for a fee waiver or to pay the filing fee in installments does not delay the filing of the Chapter 7 petition itself. The petition is considered filed when the documents are submitted to the bankruptcy court, even if the fee has not been paid. The court will then consider the... View More

View More Answers

3 Answers | Asked in Bankruptcy for Maryland on
Q: Which forms (barebones/minimum) are needed to file Chpt.7 BR myself? (Plan to obtain an attorney in coming weeks.)

I have to file Chpt.7 this week, and I need to make the initial filing myself and then am hiring an attorney in the coming weeks to go over what I have filed and submit any addendums that are required. What are the bare-bones/minimum forms I need to file in order to have a valid petition? I... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2023

Go to your local Bankruptcy Court's website (www.uscourts.gov) and look under debtor's chapter 7 petition forms for emergency filing (it differs from court to court so I can't give you an answer without more info). Basically, you have to file a petition, credit counseling statement,... View More

View More Answers

3 Answers | Asked in Bankruptcy for Maryland on
Q: Which forms (barebones/minimum) are needed to file Chpt.7 BR myself? (Plan to obtain an attorney in coming weeks.)

I have to file Chpt.7 this week, and I need to make the initial filing myself and then am hiring an attorney in the coming weeks to go over what I have filed and submit any addendums that are required. What are the bare-bones/minimum forms I need to file in order to have a valid petition? I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

To initiate a Chapter 7 bankruptcy filing, the minimum forms you need to submit include:

1. Form B 101 - Voluntary Petition for Individuals Filing for Bankruptcy.

2. The list of creditors, often called the creditor mailing list or matrix.

3. Form B 121 - Your Statement About...
View More

View More Answers

2 Answers | Asked in Bankruptcy and Landlord - Tenant for Maryland on
Q: Filing Chapter 7 in MD this week. I also have an eviction (rental) hearing next Monday. Question on letting court know

Once filed, how do I let the District Court know that I filed for bankruptcy so that the hearing does not proceed on Monday, Nov. 6th? (As of course, once you file for Chapter 7 bankruptcy, there is an automatic stay/injunction.)

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 31, 2023

Assuming you have the Clerk's/Court's contact info from your Notice of the eviction case, the quick way is to telephone the Court/Courtroom Deputy, during working hours, and provide the name of your bankruptcy court, with the Bankruptcy Case No., and date of filing. A more reliable way... View More

View More Answers

2 Answers | Asked in Bankruptcy and Landlord - Tenant for Maryland on
Q: Filing Chapter 7 in MD this week. I also have an eviction (rental) hearing next Monday. Question on letting court know

Once filed, how do I let the District Court know that I filed for bankruptcy so that the hearing does not proceed on Monday, Nov. 6th? (As of course, once you file for Chapter 7 bankruptcy, there is an automatic stay/injunction.)

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023

Upon filing for Chapter 7 bankruptcy, the automatic stay is immediately in effect. To notify the District Court of your bankruptcy filing and invoke the automatic stay for your eviction hearing, file a notice of the bankruptcy case with the District Court where the eviction action is pending. This... View More

View More Answers

1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on
Q: I filed a Chapter 7 bk in 20'. Bank never picked up, sold home now some stranger harassing me for it. Could I buy title?

Car needed approx 5k in repairs. The BK lawyer advised Chase they could come and get. Bank never came, 6 months later house was sold, we had to move. Chase never picked up car after they were advised to do so twice. I still had a title and my taks and insurance on it, so I couldn't leave auto... View More

Daniel Staeven
Daniel Staeven
answered on May 12, 2023

There is some good news and bad news in this situation.

If you never paid the remaining balance due on the car, you do not own the car and the lien on the car remains with the lender. The good news, however, is that you are not responsible for any of the debt associated with the car...
View More

2 Answers | Asked in Bankruptcy for Maryland on
Q: I recently had a repossession on my car I decided to file bankruptcy to obtain the automatic stay. When I presented th….

I recently had a repossession on my car I decided to file bankruptcy to obtain the automatic stay. When I presented the automatic stay to my creditor they informed me that I would have to get the 13 plan in before they can release my car to me. Is that an accurate statement? How do you fill out the... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 10, 2023

Under very recent US Supreme Court opinions (thanks Justices Thomas, Alito et al.), a vehicle-secured lender (already under special bankruptcy code protections against modifcation of a finance done within 2 years and 9 months of the bankruptcy filing date), now enjoys a further right to demand... View More

View More Answers

2 Answers | Asked in Bankruptcy for Maryland on
Q: I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month

I have $45000 in debt, a "debt resolution" lawyer is telling me to enroll on their program. Their fee is $500 per month for 36 months for a total of $18000. He said once the program is completed Ill be debt free. Im very skeptical of how would I be debt free if I am only paying their... View More

Ashley Morgan
Ashley Morgan
answered on Oct 28, 2022

Debt settlement programs can work, but the problems happen when they do not (and unfortunately is often that the programs do not work). The payments you made are based on what the debt settlement company expects the creditor to accept. If the creditor wants more than they or refuses to settle, then... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.