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Maryland Bankruptcy Questions & Answers

2 Answers | Asked in Bankruptcy for Maryland on

Q: How do you find out the name of the lawyer who filed for your relatives bankruptcy if you are in closing on family home?

I am selling family home. Brother refused to give me the lawyer name who filed the bankruptcy so I can make sure it was not added to bankruptcy case?

Bruce Alexander Minnick answered on Jun 3, 2019

Unless sealed by a judge, all documents in a bankruptcy case are available to the public. Call the BR court.

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1 Answer | Asked in Bankruptcy for Maryland on

Q: under bankruptcy chapter 13, I am filing but my wife is not. The home we own, would I have interest in 50% for filing

I have completed my schedule A/B and other forms that are due tomorrow. I just need to know if I place only my 50% interest on my schedule a/b as this drives my answers for schedule c exemptions and other docs as you know. I would appreciate any feedback but I don't have time to discuss details.... Read more »

Timothy Denison answered on May 29, 2019

You have to list the house as an asset in which you have a 1/2 undivided interest in the bankruptcy petition. But if you’re filing a 13, it’s a repayment plan so none of your assets should be in jeopardy.

3 Answers | Asked in Bankruptcy for Maryland on

Q: How long does it take for everything to disappear after filling bankruptcy ?

Timothy Denison answered on May 29, 2019

It doesn’t disappear ever. When a Chapter 7 is filed, the automatic stay is created. If the 7 goes to fruition, debts are discharged in about 90 days. If it is a Chapter 13 repayment plan, it can be up to five years.

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3 Answers | Asked in Bankruptcy and Traffic Tickets for Maryland on

Q: Can bankruptcy get rid of ezpass tickets ?

Timothy Denison answered on May 29, 2019

Yes, if you haven’t been charged criminally.

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3 Answers | Asked in Bankruptcy for Maryland on

Q: I have stopped making payments - for 4 mo. on credit card & medical debt - about 15,000. in debt. If they file judgement

& I die - can they take my life insurance of 10,000. for which my son is beneficiary? He is not on any of my accounts, but would be my executor to my estate - which is worth very little.

Timothy Denison answered on May 5, 2019

No. The life insurance passes outside the estate directly to your son as beneficiary. It is safe.

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3 Answers | Asked in Bankruptcy and Consumer Law for Maryland on

Q: Question about 5-101 Maryland. Where does the 3 year date start? It says from the date it accrues?

Terrence M. Nolan answered on Apr 5, 2019

The beginning of the measuring period is the date you knew, or should have known, of the wrong. It is generally 36 months for contracts and civil lawsuits. There are exceptions: in some cases measuring years are shorter (one year for assault and battery) and longer (12 years) for contracts under... Read more »

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1 Answer | Asked in Bankruptcy for Maryland on

Q: I have received one summon this week and on first page it says return by 4-11-2019, the court date is in June ?

What does that mean, and how long will the other ten closed accounts be after me to do the same thing? Should I look into filing bankruptcy to rid the rest of closed accounts with a pro bono legal aid someone that doesn't charge to take your case?I have no money to pay high price chapter 7 and want... Read more »

Mark Oakley answered on Mar 24, 2019

The return date is simply the date by which the summons must be returned as served on you by the plaintiff, or it expires and they must have a new summons issued. If that happens, the trial date may also change. If this is a suit for debt, and you owe a lot more, then yes you should consider... Read more »

1 Answer | Asked in Bankruptcy for Maryland on

Q: Do you have any Pro Bono in my area or other parts close by for me to talk to and start this action?

I've called and left messages to one of the legal aid but no one has gotten back to me yet. Meanwhile looking else where or online to check other pro bono legal help, some law firms show to file bankruptcy only $500. I know that's a scam. If you know of any please by all means email me!... Read more »

Cristina M. Lipan answered on Mar 21, 2019

Legal aid will help you prepare the documents, but probably will not be able to adequately advise you the same way an attorney would and does not actually represent you. You might end up being ok filing yourself, but so many things can go wrong that you wouldn't know about in advance. I highly... Read more »

2 Answers | Asked in Bankruptcy for Maryland on

Q: If I get a pro bono attorney that can take my case of credit cards for no charge, can they stop the creditors quick?

As I said before I received a summons on Tuesday and have till June for court, can pro bono stop the other creditors or contact them that I'm filing bankruptcy because I have no funds to pay them. What really saying can they stop them right away or its gonna take months before they contact the... Read more »

Timothy Denison answered on Mar 21, 2019

The creditors harassment will stop immediately upon filing the petition, regardless of who filed it for you.

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1 Answer | Asked in Bankruptcy for Maryland on

Q: File Chapter 7 Bankruptcy can automobiles be placed on Schedule C: The Property You Claim as Exempt in State of Maryland

I am filing Chapter 7 Bankruptcy in the state of Maryland, trying to protect primary vehicle that has lien from Navy Credit Union and need to know what schedule do I list the car and where do I add the Wild Card

Personal property under federal bankruptcy exemptions

$5000 (applies... Read more »

Timothy Denison answered on Mar 10, 2019

Car goes on schedule A/B and Exemption goes on Schedule C.

1 Answer | Asked in Bankruptcy for Maryland on

Q: What schedule does person filing chapter 7 bankruptcy add the Maryland Wild card exemption 4 protecting vehicle in MD

Trying to protect vehicle that is Primary used for work from Chapter 7 Liquidation by Bankruptcy Trustee in the State of Maryland. On what form do I add the Maryland Wildcard exemptions MD Code Ann. C & JP § 11-504(f), & MD Code Ann. C & JP § 11-504(b)(5), is it the Schedule C? Please advise...

Timothy Denison answered on Mar 10, 2019

Schedule C

2 Answers | Asked in Bankruptcy, Consumer Law and Family Law for Maryland on

Q: I have a bankruptcy chapter 13 question please?

I have a chapter 13 that I finished paying in April 2018 and one of the creditors has been unreachable and they cannot send the payment to them so the Trustee will not close the case or discharge it until this happens, but in the meantime I am in need of buying a new car and nobody will give me... Read more »

Stuart Nachbar answered on Feb 8, 2019

The Chapter 13 Trustee could escrow the funds with the Court, and allow your Discharge. I would look into that option

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1 Answer | Asked in Bankruptcy for Maryland on

Q: I live in MD & plan to move to FL 6/30/19. I have paid my creditors to date, and plan on filing bankruptcy in FLorida.

That would be in about 8 months.

(Need time to get settled & all).

So:

What action could my unsecured

Credit cards companies & medical bills take against me in that 8 months, if I stop paying now. (No payment starting February)?

Can they go after my son &... Read more »

Mark Oakley answered on Feb 2, 2019

They can sue you, but they cannot sue or get a judgment against anyone other than you if the debt is just yours. They cannot use a judgment against you to attach assets belonging to someone else. Most creditors do not file suit that fast after stopping payment. The debts get transferred to debt... Read more »

1 Answer | Asked in Bankruptcy for Maryland on

Q: Timothy Denison: I bought a car in June 2018 for 500. I chg’d some repairs- Goodyear acct. Bal. is 1500. Can they put

a mechanics lein on my car?

You have been extremely helpful giving me vital advice for this complicated (for me) matter. Many, many thanks. I think this is the last question.

Timothy Denison answered on Feb 2, 2019

If you charged them to your account, the answer is no. Usually, they will just keep the car until the repairs are paid, so if you have the car, it’s just an unsecured debt.

1 Answer | Asked in Bankruptcy for Maryland on

Q: To Timothy Denison Can they go after my son or his fiancé whose joint property I will be living on in Florida. Thank u

Timothy Denison answered on Feb 1, 2019

No, not unless the property is in your name.

1 Answer | Asked in Bankruptcy for Maryland on

Q: To Timothy Denison Thanks for your help. You said my creditors could garnish my wages. My wages are from Social Sec.

I have a car worth about $500.00 and used second hand furniture with very minimal value. I have little else. Can my creditors garnish my Social Security (I get $1,470.00 per

month - net).? Can they possibly attach what little personal property I have?

Timothy Denison answered on Feb 1, 2019

You have certain exemptions under state law which can protect your property. They CANNOT garnish your social security.

1 Answer | Asked in Bankruptcy for Maryland on

Q: To Timothy Denison: Thanks for your reply. If I wait until I get to Florida to file bankruptcy:

• How do I prove residency to show

the 180 days?

•. If they sue me during the non-

Payment period, what legal action

can they take against me?

Timothy Denison answered on Feb 1, 2019

Apply for a Florida license as soon as you get there. Issue date is proof. Same with utilities. Establish as soon as you get there. You have to certify on your petition under penalty of perjury that it’s true. If and when they get a judgment, they can garnish your wages and attach your real... Read more »

1 Answer | Asked in Bankruptcy for Maryland on

Q: I live in MD & plan to move to FL 6/30/19. I have paid my creditors to date, and plan on filing bankruptcy in FLorida.

That would be in about 8 months.

(Need time to get settled & all).

So:

What action could my unsecured

Credit cards companies & medical bills take against me in that 8 months, if I stop paying now. (No payment starting February)?

Can they go after my son &... Read more »

Timothy Denison answered on Feb 1, 2019

They can sue you for nonpayment of the debt, although usually that takes more time than 8 months. Once you move to FL, you’ll have to wait 180 days before you can file there so you might want to consult s bankruptcy attorney in MD and see about filing now.

1 Answer | Asked in Bankruptcy for Maryland on

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

2017. One of the creditors keeps returning the check to the trustee so the final report has been pending since March 2018. How long can this keep going? I can’t get a discharge without the final report.

Timothy Denison answered on Jan 19, 2019

Have your lawyer make a motion for the final report to be rendered.

2 Answers | Asked in Bankruptcy and Consumer Law for Maryland on

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

My minor son in 2013 informed me he has been awarded a scholarship be a college in New York and since he is a minor he need his adult parents to sign the form. I reluctantly signed because their are great colleges here in Maryland. I never heard from him since then.

Last year a student... Read more »

Terrence M. Nolan answered on Dec 6, 2018

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... Read more »

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