Lawyers, Answer Questions  & Get Points Log In
Maryland Bankruptcy Questions & 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

3 Answers | Asked in Bankruptcy and Consumer Law 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

Cristina M. Lipan
Cristina M. Lipan
answered on Oct 20, 2022

Once you accumulate a certain amount of money, they will negotiate with your creditors to accept that amount in full resolution of the debt. However, in the meantime, you will be in arrears (not paying), which will affect your credit. Obviously, the debt resolution company keeps a portion of that... View More

View More Answers

3 Answers | Asked in Bankruptcy and Consumer Law 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

Todd Alan Morth
Todd Alan Morth
answered on Oct 21, 2022

You are right to be skeptical. There is no certainty that your creditors will agree to settle your debts. A 'good settlement' now is typically 50 cents on the dollar, with many creditors requiring an even higher amount. You are only paying enough money to offer your creditors 40 cents... View More

View More Answers

1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for Maryland on
Q: I need to get into my recently foreclosed house to get my belongings. Wife lives there. We are separated.

My wife is not co-operating. Do I need a lawyer? Do I need to talk to police? I don't want to lose my belongings.

Timothy Denison
Timothy Denison
answered on Jun 28, 2023

Make a motion in your divorce case for leave to get your personal items.

1 Answer | Asked in Bankruptcy for Maryland on
Q: If I filed bankruptcy and I have an automatic stay does my creditor Carmax have to return my car if it was repossessed?
Timothy Denison
Timothy Denison
answered on May 5, 2023

If the car was repoed before the filing, they do not have to return it but if it was repoed after the filing, they must return te car to you.

1 Answer | Asked in Bankruptcy and Tax Law for Maryland on
Q: Should you file jointly or separately for taxes when one of the spouses has Chapter 13 bankruptcy?

I have done my taxes both jointly and separately-

Jointly the total refund = $3063, Separately: Spouse #1: $1100 refund and Spouse #2/Debtor: $950 refund

I see in the Chapter 13 Plan- that if I "file jointly Debtor may retain $1500"- is that of the total $3063 or do... View More

Timothy Denison
Timothy Denison
answered on Apr 9, 2023

File separately.

1 Answer | Asked in Consumer Law, Small Claims and Bankruptcy for Maryland on
Q: How can I stop a garnishment (auto loan) that is causing me a hardship and the court is 3 hours away from me.

I've requested contact from the court nothing, explained the distance issue and that I brought the vehicle 20min from my home. What can I do?

Timothy Denison
Timothy Denison
answered on Mar 27, 2023

File a challenge to the barn. Hire a lawyer in that town to handle for you. File bankruptcy where you are.

1 Answer | Asked in Bankruptcy for Maryland on
Q: if i had a payment plan for my chap 7 bankruptcy petition and lost my job during paymt, can i then apply for fee waiver
Timothy Denison
Timothy Denison
answered on Mar 14, 2023

Yes, although I’m not sure what a fee waiver has to do with plan payments bc they are not the same thing.

3 Answers | Asked in Bankruptcy and Collections for Maryland on
Q: I have a wage garnishment for a credit card. The company hasn’t sent me any statements. Can I take them back to court?

I haven’t received any statement showing where the garnishment is going.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 15, 2022

Statements stopped when the account charged off. The garnishments are applied to the judgment; the law firm handling the garnishment keeps the balance and will give you a balance on occasion. They will not send you a monthly statement.

View More Answers

2 Answers | Asked in Bankruptcy, Business Law and Collections for Maryland on
Q: Small C-corp is bankrupt. Owes <$25k in credit card debt. What are the options for settling the debt?

What happens if the business shutters without notifying the credit card company to whom the money is owed? Does an officer of the company have to appear in bankruptcy court?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jul 11, 2022

A corporate entity's authority to file a voluntary bankruptcy case may be tested, e.g., the recent NRA filing. Normally, it suffices to file a duly executed corporate resolution showing action by the board of directors, and yes, a corporate officer must appear for at least the 341 meeting... View More

View More Answers

2 Answers | Asked in Bankruptcy and Small Claims for Maryland on
Q: Can I sue a person whose BR case was dismissed w/o prejudice?

I filed a small claim, but my case was put on hold b/c the person filed for BR. However, she did not list me on the creditors matrix. Her case was dismissed w/o prejudice in 2020. Will she be able to refile BR if I reopen my small claim agains her?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jul 6, 2022

The effect of a dismissal of a bankruptcy case is as if it had never been filed in the first place.

Yes, she'd probably be able to file again ("changed circumstances"), but your small claims case will almost certainly not be the reason why if she does.

View More Answers

1 Answer | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Good day, This question is for a real estate attorney experienced in chapter 7 post bankruptcy.

I was told by the mortgage company that the mortgage statement was not correct that If I refinance or sell the property that I still live in, That I would only be responsible for the principal balance of $66k.

However, the statement says there is a deferred balance of 189k.

Over... View More

Daniel Staeven
Daniel Staeven
answered on Jun 30, 2022

It is clear that the mortgage company representative is melding two issues together to come up with a nonsensical result. The issue here is that while the Chapter 7 discharge absolves you of personal responsibility on the loan the liens remain. So, the deferred balance is part of the lien that... View More

2 Answers | Asked in Bankruptcy for Maryland on
Q: Is it possible to reaffirm or file motion to redeem cross-collateralization after Ch.7 discharge?

In 2014/2015 I took out an auto loan through my credit union, paid off loan by 2018, and filed Ch.7 in 2020. I had a credit card through the same credit union with about $1000 balance when the Ch.7 was discharged. I was never advised by the attorney, court, or credit union of the... View More

Daniel Staeven
Daniel Staeven
answered on May 13, 2022

Since the car was paid off in 2018 the release should have been given to you, regardless of any balance on the credit card, at that time. Said another way, the event that gave rise to the lien release happened before the bankruptcy case was filed. The cross collateralization clause cannot affect... View More

View More Answers

2 Answers | Asked in Bankruptcy, Personal Injury and Traffic Tickets for Maryland on
Q: Can I get a hardship license? I have a back injury and unemployed. I lost my job in October and can't work do to injury

I have unpaid traffic tickets and can't afford to pay them, because of my injury what can I do?

Mark Oakley
Mark Oakley
answered on Jan 12, 2022

We’re these fines imposed by a judge after you requested a trial date and appeared for trial? If so, and if 90 days or less has passed since the trial date, you can file a motion with the court for reconsideration and reduction of the fines

View More Answers

2 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Hi. In 2017, I did a ch 7 bankruptcy. I have a condo that I live in still pay each month.

I was told by PHH back then, that I would only have to pay off the new prin. Balance to own the home or$65k. Today, my account says there is a payoff of $188k or 1 & 2 prin Balance as payoff. I'm confused and want to know if I can refinance would it be only the $65k? I have a Screenshot.... View More

Timothy Denison
Timothy Denison
answered on Nov 11, 2021

You need to hire a bankruptcy attorney near you to review your case and documents. It is very difficult to give good advice without seeing the bankruptcy file and the pleadingstherein.

View More Answers

3 Answers | Asked in Bankruptcy for Maryland on
Q: I am trying to find a Pro Bono Lawyer who can help with me bankruptcy

I am needing a clean start

Daniel Staeven
Daniel Staeven
answered on Oct 26, 2021

I suggest going to the Bankruptcy Court's Debtor Assistance Project. An attorney can help you fill out the forms and provide general assistance. The website for this project is:

https://www.mdb.uscourts.gov/programs-services/debtor-assistance-project

Good luck in the future.

View More Answers

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Legal Malpractice for Maryland on
Q: I was given 2 responses but I dont know how to respond directly. I signed with my current Attorney in Oct of 2019.

Came up with a plan - started paying the bankruptcy each month. Paid into it March through November of 2020. My attorney filed something incorrectly - case was dismissed for a month. Started getting calls from creditors. He corrected it - I'm back in the bankruptcy. Bankruptcy approved in Dec... View More

Mark Oakley
Mark Oakley
answered on Sep 16, 2021

You can get a second opinion from another experienced bankruptcy lawyer, who will need to review your case and the filings in it. If there is something new that can be done, other than what is being done, then they will tell you. If there was malpractice, then they can identify it for you and... View More

View More Answers

2 Answers | Asked in Bankruptcy and Legal Malpractice for Maryland on
Q: Currently in an active chapter 13 and I'm pretty sure my attorney royally screwed up. I need to know if I have a case.

If so - I want all my debt cleared and mine and my spouses credit score back to the 700's. If you are willing to look at my case - please let me know. I really could use some help

Anna L Self
Anna L Self
answered on Sep 15, 2021

No one an give you an opinion on this board without reviewing your case. And even if your attorney "screwed up royally" there is not way to get your credit score to the 700s.

View More Answers

2 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Is rent to own the best way to buy/acquire a home in pre-foreclosure if you don't have the credit to take out a loan?

A friend of mine has a neighbor who is in danger of being foreclosed on due to COVID impacting his business. They are willing to sell me the home, however, I don't have the credit available to purchase it using a conventional loan since I already own my own home. I’m hoping to move into... View More

Richard Sternberg
Richard Sternberg
answered on Aug 28, 2020

You really, really need a lawyer to review your plan. First, your agreement with the neighbor has no binding effect on the mortgage lender. They aren't going to stop foreclosing because you plan to start a lengthy process of acquisition. Indeed, if you try to record any form of sale, there is... View More

View More 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... View 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... 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.