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Maryland Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: In a bankruptcy, either 7 or 13, could I lose an investment property (single family home)?

A business partner of mine is considering filing for bankruptcy either 7 or 13. Me and him purchased a property together to rent as an income property. He's the only one on the mortgage. He's on the title and I'm on the title (via my business name). Am I at risk for losing the... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 3, 2020

You would be wise to consult your own bankruptcy counsel, not to prepare your bankruptcy, but to plan options. You might want to buy him out in one way or another, and it might be better to do that from within his bankruptcy. It is an interesting problem, but, to answer your question, yes, you are... Read more »

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2 Answers | Asked in Bankruptcy and Foreclosure for Maryland on
Q: I want to try to keep my house from foreclosure, I am coming out of a Chapter 7 bankruptcy case in August 3.

What can I do to keep the house? Do you think the mortgage company will work with me & my wife to help us stay in the house?

Diana Valle
Diana Valle answered on Jul 15, 2020

You should be able to keep the home with certain conditions if you file a chapter 13. I suggest you speak with a bankruptcy attorney to properly advise you in your unique situation.

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2 Answers | Asked in Bankruptcy and Immigration Law for Maryland on
Q: We are residing in the US on H1-B visa, And company is about to declare bankruptcy.

We’ve been residing in the US for the past 5 years, and now unexpectedly the company, most likely will declare chapter 7 bankruptcy. Can we still file for immigration?

Timothy Denison
Timothy Denison answered on Jun 17, 2020

Yes.

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2 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Q: Debt collector contact me for an old debt claiming that he is the owner of the debt and can't sue due the time that pass

I received a letter from a collection agency claiming that they are the owner of an old debt and due to the time that passed they can't sue for the balance of $18K but would like to settle for $3.8K.

What should I do?

Timothy Denison
Timothy Denison answered on May 25, 2020

Talk to a lawyer. If the time for filing (statute of limitations) has passed, they can’t collect from you at all. Don’t do anything until you talk to a lawyer.

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4 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: How can you do a deed in lieu of Foreclosure if your home was included in a ch.7 bankruptcy?

The ch.7 was discharged two years ago and wasnt reaffirmed. I want to do a deed in lieu of foreclosure to get the lien out of my name. Will the deed in lieu be on my credit report if the house was included in the ch. 7, discharged two years ago and never reaffirmed?

Mark Oakley
Mark Oakley answered on May 21, 2020

If you discharged the mortgage obligation in a Chapter 7, you are no longer personally liable on the debt; however, the lien of the mortgage remains on the property. You do not have to do anything in this scenario. Many debtors discharge their personal liability on a mortgage load but continue to... Read more »

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3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Maryland on
Q: Is bankruptcy a defense to a breach of contract claim under Maryland law?

Even if they have a clause in the contract that says otherwise?

Timothy Denison
Timothy Denison answered on May 11, 2020

Yes. Under federal law as well.

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1 Answer | Asked in Bankruptcy for Maryland on
Q: I am about to file chapter 7 and am currently getting garnished. What do I need to file in order to get the money back
Timothy Denison
Timothy Denison answered on Feb 5, 2020

You need to file the chapter 7 ASAP to stop the farm. You can only recover monies taken AFTER the filing. Those taken before filing are lost.

1 Answer | Asked in Bankruptcy for Maryland on
Q: Do you keep personal injury settlement money in the state of Maryland if your in bankruptcy?
Mark Oakley
Mark Oakley answered on Jan 31, 2020

Yes, all personal injury proceeds received in lump sum is 100% exempt; however, do not deposit it into an account with other funds--keep it completely separate until after your discharge, so as to be able to prove every penny came from the settlement check. Once you commingle it, you risk having... Read more »

2 Answers | Asked in Bankruptcy and Landlord - Tenant for Maryland on
Q: Can a landlord still go through eviction process while you are paying the rent owed?

Filed bankruptcy Sept 17. Eviction was filed Sept 23. Landlord waited 30 days with no contact til Oct 23. Threaten eviction. Never received eviction paperwork. Sheriff came out to evict. Provided half of rent owed to landlord. Still providing rent owed to landlord but landlord is still threaten to... Read more »

Stuart Nachbar
Stuart Nachbar answered on Dec 4, 2019

I believe that the Landlord would have to get permission from the Bankruptcy Court to proceed, otherwise it would be a violation of the automatic stay. Contact your lawyer as soon as possible

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3 Answers | Asked in Bankruptcy for Maryland on
Q: Chapter 7 bankruptcy and keeping your home

I have learned that if one file for Chapter 7 bankruptcy, he will lose his house if the amount of equity matches the amount to be paid to the creditors. There is one exception which is homestead exemption and allows you to protect certain amount of equity.

The question is after homestead... Read more »

Timothy Denison
Timothy Denison answered on Nov 27, 2019

No. It is measured at the time of filing. In addition to the homestead exemption, you also have a wildcard exemption you can use to protect more equity. If you still have unprotected equity flyer that, you should consider filing a Chapter 13.

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1 Answer | Asked in Bankruptcy for Maryland on
Q: I want to file Chapter 7 Bankruptcy in MD. I co-signed for my sister's car. Can I include that, will it affect her?
Timothy Denison
Timothy Denison answered on Oct 21, 2019

Yes. She will have to pay for the car or they will repossess it. As long as she pays as agreed, no adverse effect on her.

1 Answer | Asked in Bankruptcy and Collections for Maryland on
Q: I have a 2nd mortgage discharged in a Chapter 7 bk in 2011 in Maryland. Is there a statute of limitations on this?
Timothy Denison
Timothy Denison answered on Oct 12, 2019

Statute of limitations on what?

1 Answer | Asked in Bankruptcy for Maryland on
Q: I filed a Ch13 in NYS but since moved to MD. The income means are higher in MD. Am I able to switch my Ch13?

Would I have to have the Ch13 in NYS dismissed and then refile in MD? The payments to the trustee are too high. I'm struggling to pay it. Also, I owe student loans. I Am planning on going back to college. You do not have to pay back student loans while you are in school at least half... Read more »

Timothy Denison
Timothy Denison answered on Jul 10, 2019

You can dm your 13 in NYS and refile in MD once you meet the residency requirement. Probably should enroll now and get deferment status in place before you file in MD.

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
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... Read more »

Timothy Denison
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
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
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
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
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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