Maryland Bankruptcy Questions & Answers

Q: I have completed all payments to my chapter 13 plan since March of 2018. The five year mark from me filing was October

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Jan 19, 2019
Timothy Denison's answer
Have your lawyer make a motion for the final report to be rendered.

Q: I am been scammed into a parent plus student loan scam.

2 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Answered on Dec 6, 2018
Terrence M. Nolan's answer
Do you have a copy of what form you signed? The servicing company will provide a copy if you ask. Once you get it and read it, is it a Plus loan guaranty form? Is it your signature on it? Can you read and write the English language? Did you read the form before you signed it? Did you have the opportunity to read it, even if you did not choose to read it at that time. Did someone put a gun to your head and tell you, "Either your signature or your brains are going to be on that contract in...

Q: So do I have this right? Filing chapter 13 means I can keep my home?

2 Answers | Asked in Bankruptcy for Maryland on
Answered on Nov 30, 2018
Timothy Denison's answer
Presuming you qualify for a Chapter 13 and can make the plan payments, yes.

Q: Will medical bills go away if I file for bankruptcy?

3 Answers | Asked in Bankruptcy for Maryland on
Answered on Nov 16, 2018
Stuart Nachbar's answer
If you include them in the bankruptcy, and it is a Chapter 7 yes. If you file a Chapter 13, you must complete the Plan, and anything they do not get, is wiped out

Q: 3 payments behind on my 1st and 2nd mort & received letter from 1st stating loan mod denied, now what do I do? on SSDI

2 Answers | Asked in Consumer Law, Bankruptcy, Foreclosure and Real Estate Law for Maryland on
Answered on Nov 14, 2018
Mark Oakley's answer
A deed in lieu of foreclosure simply means you hand over the keys and deed and move out, but you must first get in writing that the mortgage company releases you from personal liability on the remaining balance of the mortgage. You'll have to cut that deal with the first mortgage holder, and make release of your liability on both the first and second mortgage a condition of doing so. Otherwise, you get little or nothing out of the deal. Absent a loan mod, can you afford just paying the first...

Q: Can I file for bankruptcy if i can't pay a loan from a family member? there was no paperwork.

2 Answers | Asked in Bankruptcy for Maryland on
Answered on Oct 31, 2018
Timothy Denison's answer
Yes, but it really depends on your overall financial situation rather than just one debt.

Q: How can they hold my money if the injury occurred after the bankruptcy discharged

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Oct 19, 2018
Timothy Denison's answer
If it is a post discharge injury, they have no right to withhold your settlement. Highly unlikely that it will be withheld.

Q: I'm about to lose my house to foreclosure and really want to prevent that from happening.

4 Answers | Asked in Bankruptcy for Maryland on
Answered on Oct 12, 2018
Timothy Denison's answer
Probably but you need to consular a local attorney who can review your entire financial situation.

Q: How will filing for bankruptcy affect the monthly child support payments that I receive?

3 Answers | Asked in Bankruptcy for Maryland on
Answered on Sep 25, 2018
Stuart Nachbar's answer
It should not affect them at all as they are exempt under the Federal Exemptions

Q: How do people get credit cards after they are bankrupt?

2 Answers | Asked in Bankruptcy for Maryland on
Answered on Sep 16, 2018
Timothy Denison's answer
Easily. They apply for them again because creditors know you cannot file chapter 7 again for 8 years so its a safe bet.

Q: When do you have to include student loans in a Chapter 13 bankruptcy repayment plan?

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Sep 1, 2018
Timothy Denison's answer
You normally would include them unless you have a need or reason to pay them outside the plan.

Q: What assets will I be able to keep if I file for bankruptcy?

3 Answers | Asked in Bankruptcy for Maryland on
Answered on Aug 30, 2018
Andrellos Mitchell's answer
All assets that are exempt under the applicable sections of the bankruptcy code.

Q: If I file for bankruptcy, what assets will I be allowed to keep?

2 Answers | Asked in Bankruptcy for Maryland on
Answered on Aug 17, 2018
Timothy Denison's answer
All assets that you can protect using your state or federal exemptions.

Q: A creditor levied my bank account for a debt that was "charged off" during my bankruptcy years ago. Is this legal?

3 Answers | Asked in Bankruptcy for Maryland on
Answered on Jul 30, 2018
Andrellos Mitchell's answer
Based on what you have written, and as I understand your question.....the short answer is no.

If you are reffering to a Chapter 7 Bankruptcy in which you properly listed a creditor and it received proper notice of your bankruptcy, then the creditor could not collect on a debt that was dischared in bankruptcy.

Q: My company is in bankruptcy. Are we still allowed to file a lawsuit?

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Jul 20, 2018
Timothy Denison's answer
Depends on the basis for the lawsuit and whether it is against the company.

Q: How do I appeal a bankruptcy that undervalued assets, sold off the assets, and then dismissed the bankruptcy?

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Maryland on
Answered on Jul 8, 2018
Timothy Denison's answer
File a notice of appeal in the bankruptcy court and pay the filing fee. That will perfect your appeal to the United States District Court in Maryland.

Q: Are overdue state income taxes able to be discharged in a standard personal bankruptcy?

2 Answers | Asked in Bankruptcy for Maryland on
Answered on Jul 5, 2018
Timothy Denison's answer
Not unless they are more than three years old and the returns have been filed.

Q: Will having kids affect any part of the bankruptcy filing equation/means test?

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Jun 18, 2018
Timothy Denison's answer
Yes. The children raise your household income allowance as dependents and help you with the means test. Claim everyone sent you have in calculating the means test for household family size, income and average.

Q: Can Accounts including in Chapter 13 bankruptcy be listed separately at CB’s

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Jun 5, 2018
Timothy Denison's answer
No. All debts must be listed, although you can always choose to reaffirm (keep) the debt in question.

Q: What is a wild card bankruptcy exemption?

2 Answers | Asked in Bankruptcy for Maryland on
Answered on Jun 4, 2018
Andrellos Mitchell's answer
To protect personal and real property from being seized by the bankruptcy trustee and sold to pay creditors, the debtor must apply one of several exemptions available. Maryland's wild card exemption allows bankruptcy 7 debtors to exempt up to $6,000 in cash or other property AND up to $5,000 in personal property...for a total of $11,000.00 ($22,000.00 for couples).

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.