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Maryland Bankruptcy Questions & Answers
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
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
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
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
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
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
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
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
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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2 Answers | Asked in Bankruptcy for Maryland on
Q: So do I have this right? Filing chapter 13 means I can keep my home?
Timothy Denison
Timothy Denison answered on Nov 30, 2018

Presuming you qualify for a Chapter 13 and can make the plan payments, yes.

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3 Answers | Asked in Bankruptcy for Maryland on
Q: Will medical bills go away if I file for bankruptcy?
Stuart Nachbar
Stuart Nachbar answered on Nov 16, 2018

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

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2 Answers | Asked in Consumer Law, Bankruptcy, Foreclosure and Real Estate Law for Maryland on
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

Do i have any other options? I heard I could do a debt in lieu of foreclosure by handing in my keys. HOW long do I have to do this before I have to move out. These loans were bought during the write off days of the mortgage bust and now I am at risk of losing my house because the new companies... Read more »

Mark Oakley
Mark Oakley answered on Nov 14, 2018

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... Read more »

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2 Answers | Asked in Bankruptcy for Maryland on
Q: Can I file for bankruptcy if i can't pay a loan from a family member? there was no paperwork.
Timothy Denison
Timothy Denison answered on Oct 31, 2018

Yes, but it really depends on your overall financial situation rather than just one debt.

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1 Answer | Asked in Bankruptcy for Maryland on
Q: How can they hold my money if the injury occurred after the bankruptcy discharged

I filed bankruptcy in 2016 and it was discharged in May 2017. I was injured medically in August 2017 and filed suit. So I never even was injured until 3 months after my bankruptcy discharged. Now the paralegal is telling me they may put a hold on my settlement due to the bankruptcy. My thing is... Read more »

Timothy Denison
Timothy Denison answered on Oct 19, 2018

If it is a post discharge injury, they have no right to withhold your settlement. Highly unlikely that it will be withheld.

4 Answers | Asked in Bankruptcy for Maryland on
Q: I'm about to lose my house to foreclosure and really want to prevent that from happening.

Is filing for bankruptcy my best option?

Timothy Denison
Timothy Denison answered on Oct 12, 2018

Probably but you need to consular a local attorney who can review your entire financial situation.

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3 Answers | Asked in Bankruptcy for Maryland on
Q: How will filing for bankruptcy affect the monthly child support payments that I receive?
Stuart Nachbar
Stuart Nachbar answered on Sep 25, 2018

It should not affect them at all as they are exempt under the Federal Exemptions

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2 Answers | Asked in Bankruptcy for Maryland on
Q: How do people get credit cards after they are bankrupt?
Timothy Denison
Timothy Denison answered on Sep 16, 2018

Easily. They apply for them again because creditors know you cannot file chapter 7 again for 8 years so its a safe bet.

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1 Answer | Asked in Bankruptcy for Maryland on
Q: When do you have to include student loans in a Chapter 13 bankruptcy repayment plan?
Timothy Denison
Timothy Denison answered on Sep 1, 2018

You normally would include them unless you have a need or reason to pay them outside the plan.

3 Answers | Asked in Bankruptcy for Maryland on
Q: What assets will I be able to keep if I file for bankruptcy?
Andrellos Mitchell
Andrellos Mitchell answered on Aug 30, 2018

All assets that are exempt under the applicable sections of the bankruptcy code.

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2 Answers | Asked in Bankruptcy for Maryland on
Q: If I file for bankruptcy, what assets will I be allowed to keep?
Timothy Denison
Timothy Denison answered on Aug 17, 2018

All assets that you can protect using your state or federal exemptions.

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3 Answers | Asked in Bankruptcy for Maryland on
Q: A creditor levied my bank account for a debt that was "charged off" during my bankruptcy years ago. Is this legal?
Andrellos Mitchell
Andrellos Mitchell answered on Jul 30, 2018

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...
Read more »

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