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Maryland Bankruptcy Questions & Answers
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... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: Will filing for bankruptcy stop collections calls?
David Earl Phillips
David Earl Phillips
answered on Feb 1, 2018

Yes, that is one of the main benefits of a bankruptcy filing. What is called the "automatic stay" goes into effect when your case is filed and it acts as an injunction against any contact with you by a creditor in most cases. Talk with a lawyer and see if bankruptcy would be a good option... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: my wife and i are divorced and she filed bankruptcy chapter 7 . She surrendered the car which was in both our names.

now the finance company wants me to pay the remaining balance and auction fees.in our settlement agreement she has 100 percent financial respondsibility to the car . what can i do to keep from paying the balance?

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 16, 2018

If the settlement agreement was entered as an order, or otherwise approved by the court, send the finance company the divorce settlement and see what they say.

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Bankruptcy for Maryland on
Q: I have filed a chapter 7 bankruptcy and had my standard discharge and case is now closed. However there is an issue...

Prior to the case closing I had not filed my 2016 taxes. The trustee requested I file them in efforts to retain my refund(if there was one). I owed 2014 taxes and was in a dispute with IRS regarding the amount, so I delayed filing 2016 due to this. Anyway, the draft of my 2016 taxes showed another... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 10, 2018

I think your idea to contact the trustee first and ask them how they want to handle it is appropriate, and makes sense before you do a lot of work reopening the case.

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Bankruptcy for Maryland on
Q: Can I keep a car that was included in bankruptcy with a cosigner?

My mom is the cosigner. Do I have to turn the car in or can I continue to pay the payments under my mom and keep the car?

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 10, 2018

You have various options in bankruptcy with regards to the vehicle - reaffirmation, redemption, surrender. However, as long as you continue making payments, the bank is unlikely to repossess your car, so you might not need any of the previously mentioned options. If you have a bankruptcy attorney,... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: What is the kind of bankruptcy that wipes out all of your debts?
David Earl Phillips
David Earl Phillips
answered on Jan 2, 2018

Chapter 7 will get rid of most debts. It will not remove most taxes, student loans, alimony and child support. See a bankruptcy lawyer near you to determine if bankruptcy would be a good option for you. Hope it works out. Good luck!

1 Answer | Asked in Bankruptcy for Maryland on
Q: i filed for bankruptcy in Maryland already met with the Trustee. How long before i get my garnishment returned?

I represented myself. Do i need to contact the collection agency?

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 14, 2017

Some creditors have a process in place to automatically send back any garnishment taken after you filed bankruptcy. However, not all do. You (or your attorney) need to contact the collection agency.

Information provided for informational purposes only and should not be taken as legal advice.

2 Answers | Asked in Bankruptcy for Maryland on
Q: What are the fees to file Chapter 7 bankruptcy?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Dec 6, 2017

Filing fee is 335, plus any additional fees counsel charges for credit counseling, credit import and general counsel fees

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1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on
Q: Can a car be repoed at college if it's considered private property?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

If someone borrowed money for a car and put up the car as collateral then the lender may have rights to repossess the car, wherever located, and it is unlikely that keeping a vehicle at a college campus will keep it out of the grasp of repossession. The limits of what a repossessor can do without... View More

1 Answer | Asked in Bankruptcy, Civil Litigation and Contracts for Maryland on
Q: I have an active court case from a creditor for an old debt. I am destitute and cannot pay it. What should I do?

Is it worth going bankrupt with my credit score still being decent? If they are granted the judgement, and I cannot pay, then what? I have no substantial assets other than a small IRA. My total cash is just a couple thousand and I own my car. I am self-employed and make little enough that I qualify... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

Maryland law offers exemptions from collection so that a modest amount of property can be exempt from a judgment creditor's reach. Note, however, that the exemption is not automatic and must be timely made/requested by the judgment debtor.

Someone facing collection has several options....
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1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Collections for Maryland on
Q: I have a court case pending for a debt from nearly 3 years ago. The statute of limitations expires before the court date

But, the motion for a complaint was filed before the statute of limitations date. So the statute expires before the actual court date but after the lawyer filed the complaint. Will I be able to use the statue of limitations as a defense in court, since it will have passed by the time we go to court... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 17, 2017

No Statute of Limitation is a defense only for the filing of the Complaint.

1 Answer | Asked in Bankruptcy for Maryland on
Q: How soon can i begin my bankruptcy?
Nels Hansen
Nels Hansen
answered on Oct 8, 2017

Your question does not contain enough information. Contact a local bankruptcy attorney and schedule a consultation. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.

2 Answers | Asked in Bankruptcy for Maryland on
Q: Do I have to file bankruptcy on all the accounts I owe, or can I keep some?
David Earl Phillips
David Earl Phillips
answered on Sep 15, 2017

You have to list all debts you have in your bankruptcy schedules. You can agree to reaffirm certain debts if you wish and the creditor agrees. This means you would be responsible for the debt and would not get rid of it in bankruptcy along with all your other debts. Talk with a bankruptcy lawyer in... View More

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1 Answer | Asked in Bankruptcy for Maryland on
Q: Will all of my debts be discharged if I file for bankruptcy?
Michael Francis Barrett
Michael Francis Barrett
answered on Sep 6, 2017

Possibly, it depends on the type of debts that you have, and could also depend on when you incurred them. An experienced bankruptcy attorney in your area can review your debts with you to determine which debts can be discharged in bankruptcy.

1 Answer | Asked in Bankruptcy and Tax Law for Maryland on
Q: Can my wife put an IRS tax debt from 2012 on our 2017 bankruptcy? She filed the return on time that year.

She also has a MD state tax debt as well.

Michael Francis Barrett
Michael Francis Barrett
answered on Sep 6, 2017

Potentially yes, but this can be complex as there are more factors involved than what you included. You should see an experienced bankruptcy attorney in your area. You may need to obtain the tax transcripts for any years that taxes are owed for your attorney to analyze it.

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