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Maryland Bankruptcy Questions & Answers
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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1 Answer | Asked in Bankruptcy for Maryland on
Q: My company is in bankruptcy. Are we still allowed to file a lawsuit?
Timothy Denison
Timothy Denison answered on Jul 20, 2018

Depends on the basis for the lawsuit and whether it is against the company.

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Maryland on
Q: How do I appeal a bankruptcy that undervalued assets, sold off the assets, and then dismissed the bankruptcy?

Beacon Power Corporation Case # 11-13450 (KJC) Now sold a second time as an extremely valuable asset. http://beaconpower.com/news/

http://beaconpower.com/wp-content/uploads/2018/05/Convergent-Energy-Power-Acquires-40-MW-of-Flywheel-Projects-%E2%80%93-Convergent-Energy-Power.pdf

Timothy Denison
Timothy Denison answered on Jul 8, 2018

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.

2 Answers | Asked in Bankruptcy for Maryland on
Q: Are overdue state income taxes able to be discharged in a standard personal bankruptcy?
Timothy Denison
Timothy Denison answered on Jul 5, 2018

Not unless they are more than three years old and the returns have been filed.

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1 Answer | Asked in Bankruptcy for Maryland on
Q: Will having kids affect any part of the bankruptcy filing equation/means test?
Timothy Denison
Timothy Denison answered on Jun 18, 2018

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.

1 Answer | Asked in Bankruptcy for Maryland on
Q: Can Accounts including in Chapter 13 bankruptcy be listed separately at CB’s

The account is Credit card, not in delinquent status at the time of bankruptcy

Timothy Denison
Timothy Denison answered on Jun 5, 2018

No. All debts must be listed, although you can always choose to reaffirm (keep) the debt in question.

2 Answers | Asked in Bankruptcy for Maryland on
Q: What is a wild card bankruptcy exemption?
Andrellos Mitchell
Andrellos Mitchell answered on Jun 4, 2018

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... Read more »

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1 Answer | Asked in Bankruptcy for Maryland on
Q: I noticed that it costs less to file a Chapter 13 bankruptcy in Maryland than a Chapter 7. I don't have a lot of money.

What are the requirements for filing Chapter 13?

Timothy Denison
Timothy Denison answered on May 27, 2018

To file Chapter 13, you must have regular income to contribute to at least a partial repayment plan. Chapter 13 is usually used where you have property you could lose if you filed a Chapter 7. If you have property requiring protection but can adequately be protected with your exemptions, Chapter 7... Read more »

3 Answers | Asked in Bankruptcy for Maryland on
Q: I noticed that it costs less to file a Chapter 13 bankruptcy in Maryland than a Chapter 7. I don't have a lot of money.

What are the requirements for filing Chapter 13?

Timothy Denison
Timothy Denison answered on May 19, 2018

You need to have a job or other income to be able to repay at least a percentage of your debt to your creditors. Chapter 13 is generally used when you have property you might otherwise lose in a Chapter 7.

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1 Answer | Asked in Bankruptcy for Maryland on
Q: I need a reaffirmation agreement for my mortgage but i wasn't given one 8 years ago. My lawyer said I don't need one.

My mortgage company won't report my payments to the credit bureau without one even though I never have missed a payment. My lawyer said a judge probably wouldn't reopen the case because it's been so long. Anything I can do without paying money?

David Gormley
David Gormley answered on May 3, 2018

One option would be to see if you should refinance your house. Only do this if it makes sense financially. Don't do it just to get a mortgage company to report payment to a credit bureau.

3 Answers | Asked in Bankruptcy for Maryland on
Q: I claimed bankruptcy in 2017. I received a letter that said I need to vacate in ten days. I called them and asked for 30

They replied with no. Is that legal,such short notice? What if any are my options?

David Gormley
David Gormley answered on May 3, 2018

To answer your question I would need some more details on the letter and what legal proceeding have taken place. Your reference to a the bankruptcy makes me suspect the property may be one that you owned and now has gone to foreclosure. You may want to do a search and see if an eviction has been... Read more »

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1 Answer | Asked in Banking and Bankruptcy for Maryland on
Q: My dad is filing for bankruptcy and has his name on my bank account. What does this mean for the money that is mine?

The account was opened for me when I got my first job at fourteen and he never took his name off of the account. All of the money in there is mine but he says his lawyer told him it would look like he is hiding assets if I take the money out.

David Gormley
David Gormley answered on Apr 27, 2018

Your father will have to list this account as an asset in his case. The question is how can he protect this asset with exemptions he has to protect assets. If he is filing a Chapter 7 bankruptcy the Trustee can take the nonexempt assets to distribute among the creditors. If he transfers an the... Read more »

1 Answer | Asked in Bankruptcy for Maryland on
Q: How long can you go to jail for not complying with the judge for bankruptcy court for not turning over your taxes?
Mark Oakley
Mark Oakley answered on Apr 26, 2018

If your bankruptcy plan, or discharge, has not gone forward yet, the penalty may be that your bankruptcy is dismissed. Other facts would have to be known before answering your question further.

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