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Maryland Bankruptcy Questions & Answers
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.

1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on
Q: Thinking about filing chapter 7 or13 due to being sued for credit card debt I can not pay. Will my home be liquidated?
Nyasha A. West
Nyasha A. West
answered on Apr 24, 2018

Unless you are in the arrears on your mortgage, your home will not be effected by filing bankruptcy. Prior to filing bankruptcy however, it is essential that you speak with an attorney to ensure you are able to adequately protect any equity in your home from creditors. In Maryland, homeowners are... Read more »

1 Answer | Asked in Bankruptcy for Maryland on
Q: My GF just filled Chapter 7 Bankruptcy. She received a settlement which I believe she did not tell him about.

She had me use my credit card at Best buy to buy an expensive TV and she wants to write me a check to pay for it. Will this hurt me in any way? She refuses to talk to her Bankruptcy Lawyer about her settlement.

Andrellos Mitchell
Andrellos Mitchell
answered on Apr 3, 2018

Hmmm. I'm thinking intentional acts to hide income from a Bankruptcy Trustee...might be what is known as Bankruptcy Fraud! Have you checked to see if the settlement is exempt? Never hide any income from the Trustee.

2 Answers | Asked in Bankruptcy for Maryland on
Q: My Girl Friend just filed Chapter 7 Bankruptcy which is not finalized. She just received a settlement for over $20,000.

Can she keep that or no?

Cristina M. Lipan
Cristina M. Lipan
answered on Apr 2, 2018

Depending on what other assets she has, she may be able to exempt some of it. The bankruptcy petition asks whether she anticipates receiving money, so if she answered no to that, it may be an issue if she wasn't being truthful. The trustee may demand that she turn over this money. Best thing... Read more »

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1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on
Q: There's a 3 year statute of limitations in the state of Maryland how can a collection agency place a judgement on me.

The original creditor charged it off

Mark Oakley
Mark Oakley
answered on Mar 8, 2018

Assuming the 3 year SOL applies to your debt, the 3 years starts to run from the later of: date you first breached the agreement to pay (defaulted); the date you last made a payment on the debt; or the date you last acknowledged that you owed the debt. Suit must be filed before the SOL expires to... Read more »

1 Answer | Asked in Bankruptcy for Maryland on
Q: If my account was already frozen and more money is deposited can that take that also
Mark Oakley
Mark Oakley
answered on Feb 27, 2018

Possibly, but you also have a limited time to object to the garnishment of your account and assert your statutory exemptions from attachment. You may be able to release all your funds. Just one such exemption, D.C. Code 15-501 (a)(3), provides that you may exempt up to $8,925.00 of any property... Read more »

1 Answer | Asked in Bankruptcy for Maryland on
Q: canI find out if someone or a business has filed bankruptcy in Maryland?
Bennett James Wills
Bennett James Wills
answered on Feb 19, 2018

Sure. You can use the Pacer case locator at pacer.gov.

1 Answer | Asked in Bankruptcy for Maryland on
Q: Does criminal charges affect chapter 13 in MD

I have a federal court sentence against me in 2012 and I have fulfilled that sentence , does chapter 13 bankcruptcy will affect me in MD.

Andrellos Mitchell
Andrellos Mitchell
answered on Feb 14, 2018

No. Bankruptcy is civil and has no impact on criminal cases.

1 Answer | Asked in Bankruptcy, Car Accidents and Small Claims for Maryland on
Q: How would I settle a judgment for less than the judgment amount?

I recently found out I have a judgment that is affecting my drivers license so this is something I need to pay. About 8-9 years ago my ex and I were sued in Maryland District Court and I had a default judgment entered against me and she did not. We were never served with any papers to appear in... Read more »

Mark Oakley
Mark Oakley
answered on Feb 3, 2018

The original judgment may have been $6,600, but it’s been accruing 10% postjudgmemt interest annually since then, meaning it’s probably doubled by now. If the judgment creditor has never tried to collect on the judgment, you might let sleeping dogs lie, at least until 12 years have gone by... Read more »

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