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Maryland Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Maryland on
Q: Do you have any Pro Bono in my area or other parts close by for me to talk to and start this action?

I've called and left messages to one of the legal aid but no one has gotten back to me yet. Meanwhile looking else where or online to check other pro bono legal help, some law firms show to file bankruptcy only $500. I know that's a scam. If you know of any please by all means email me!... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 21, 2019

Legal aid will help you prepare the documents, but probably will not be able to adequately advise you the same way an attorney would and does not actually represent you. You might end up being ok filing yourself, but so many things can go wrong that you wouldn't know about in advance. I highly... View More

2 Answers | Asked in Bankruptcy for Maryland on
Q: If I get a pro bono attorney that can take my case of credit cards for no charge, can they stop the creditors quick?

As I said before I received a summons on Tuesday and have till June for court, can pro bono stop the other creditors or contact them that I'm filing bankruptcy because I have no funds to pay them. What really saying can they stop them right away or its gonna take months before they contact the... View More

Timothy Denison
Timothy Denison
answered on Mar 21, 2019

The creditors harassment will stop immediately upon filing the petition, regardless of who filed it for you.

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1 Answer | Asked in Bankruptcy for Maryland on
Q: File Chapter 7 Bankruptcy can automobiles be placed on Schedule C: The Property You Claim as Exempt in State of Maryland

I am filing Chapter 7 Bankruptcy in the state of Maryland, trying to protect primary vehicle that has lien from Navy Credit Union and need to know what schedule do I list the car and where do I add the Wild Card

Personal property under federal bankruptcy exemptions

$5000 (applies... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2019

Car goes on schedule A/B and Exemption goes on Schedule C.

1 Answer | Asked in Bankruptcy for Maryland on
Q: What schedule does person filing chapter 7 bankruptcy add the Maryland Wild card exemption 4 protecting vehicle in MD

Trying to protect vehicle that is Primary used for work from Chapter 7 Liquidation by Bankruptcy Trustee in the State of Maryland. On what form do I add the Maryland Wildcard exemptions MD Code Ann. C & JP § 11-504(f), & MD Code Ann. C & JP § 11-504(b)(5), is it the Schedule C? Please advise...

Timothy Denison
Timothy Denison
answered on Mar 10, 2019

Schedule C

2 Answers | Asked in Bankruptcy, Consumer Law and Family Law for Maryland on
Q: I have a bankruptcy chapter 13 question please?

I have a chapter 13 that I finished paying in April 2018 and one of the creditors has been unreachable and they cannot send the payment to them so the Trustee will not close the case or discharge it until this happens, but in the meantime I am in need of buying a new car and nobody will give me... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 8, 2019

The Chapter 13 Trustee could escrow the funds with the Court, and allow your Discharge. I would look into that option

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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... View 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... View 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... View 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... View 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... View 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... View 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
PREMIUM
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... View 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... View 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... View 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
PREMIUM
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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