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Maryland Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Contracts for Maryland on
Q: If my mother files for bankruptcy, am I responsible for an asst. living facility bill if I signed the contract for her?

I live in Hagerstown, MD. Mom was sent to the facility after a stay in the hospital. We all thought she had a nice size portfolio, but in her diminished mental capacity over the last few years, (she doesn't have Alzheimer's, it's due to old age according to a neurologist) she went... View More

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2017

If your name is on the contract as a guarantor then you are liable for the obligation.

1 Answer | Asked in Bankruptcy for Maryland on
Q: I have gotten to many payday loans thinking it would help but it has made things worse. I am on Social Security.

Can I file for bankruptcy to get out from under this debt and some old credit card debt?

Bennett James Wills
Bennett James Wills
answered on Oct 16, 2016

Consult with bankruptcy counsel. Usually getting payday loans is a real bad idea because they typically carry interest rates that are way too high - sometimes more than 200%. Bankruptcy may well be a viable option.

1 Answer | Asked in Bankruptcy for Maryland on
Q: How long does a creditor have to pickup PMSI items that are surrendered on the statement int. post Chapter 7 in Maryland
Lawrence F. Regan
Lawrence F. Regan
answered on Sep 30, 2016

Do you mean post Chapter 7 filing or post Chapter 7 discharge and case closed. While the Chapter 7 is open, you need to file a motion and obtain relief from the automatic stay before acting. The property is property of the bankruptcy estate and although the debtor has custody, it is the trustee who... View More

1 Answer | Asked in Tax Law and Bankruptcy for Maryland on
Q: I have a IRS lien and judgment against me and I filed bankruptcy a year ago can this still stop this
Lawrence F. Regan
Lawrence F. Regan
answered on Sep 29, 2016

You don't really provide enough information for a lawyer to answer this. When were the IRS lien and judgment entered compared to the date the bankruptcy petition was filed? I assume the lien and judgment were pre-bankruptcy? What is the lien on? Real estate, tangible personal property? When I... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: Can I be forced into involuntary bankruptcy if I have no assets?
Lawrence F. Regan
Lawrence F. Regan
answered on Sep 29, 2016

Yes. All that is required is that you be insolvent. Just because you have no assets does not mean there are no assets recoverable from third parties due to fraudulent conveyances or preferential payments to individual creditors. This kind of thing occurred when investors were actually paid by... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: What happens after you file a chapter 13?

I filed a chapter 7 10/8/2011 and just filed a chapter 13 08/28/2015. what happens to my debt after my three year payment plan? Does it still count as four years even though it was before October.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 14, 2015

The payment plan is usually extended to 5 years. The remaining debt is discharged, basically. You probably would be best served by speaking with a local bankruptcy attorney.

1 Answer | Asked in Bankruptcy for Maryland on
Q: I am wondering if I can declare bankruptcy on the loan against my house?
Robert Gambrell
Robert Gambrell
answered on Sep 13, 2015

If you file a petition for relief under the bankruptcy code, you must list all creditors. Your question does not tell us what you want to do about the house mortgage.

If you want to walk away from the house and not owe the the debt, then you can discharge the debt which is secured by your...
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1 Answer | Asked in Bankruptcy for Maryland on
Q: I have filed for bankruptcy and house has now gone to foreclosure auction. What does ratification not approved mean?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 10, 2015

Do you mean reaffirmation instead of ratification? What did you indicate on the schedule of intentions?

1 Answer | Asked in Bankruptcy for Maryland on
Q: How can I find basic tenets of Maryland corporate bankruptcy law. I may be a creditor.

I (and two colleagues) have been contract employees of a Maryland-based corporation that is on the verge of bankruptcy. How can we find out our rights as creditors? The three of us are located in different states - Florida, Illinois and Texas.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 11, 2015

Get to a local law library and find a treatise on corporate bankruptcy. But really, what you need to learn is how to file a claim properly.

1 Answer | Asked in Bankruptcy for Maryland on
Q: landlord filed for judgment in my case for $500 on oct 1. After receiving the judgment I filed for bankruptcy on oct 15.

landlord filed for judgment in my case for $500 on oct 1. After receiving the judgment I filed for bankruptcy on oct 15. On Nov 3 there was a motion that was filed and the case was heard again. The judge amended the amount due for the judgment from Oct 1 to $1000. The $1000 amount includes Nov... View More

Robert Keyes
Robert Keyes
answered on Nov 20, 2014

Did you file your own bankruptcy case? If not then you need to have your bankruptcy attorney handle this issue. If you did file your own case you are now seeing why is it usually not a good idea to represent yourself.

1 Answer | Asked in Bankruptcy for Maryland on
Q: If you are involved in an accident, and you file Chapter 13 bankruptcy, do you forfeit any winnings awarded by jury?

I just recently won my accident case, and was awarded $40,000 by a jury. However, due to the accident, I was partially disabled and not able to work for 2 years. If I filed bankruptcy, and received the award, am I entitled to all or part of the award? Or, do I forfeit all funds?

Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

Any causes of action arising prior to the filing of a Bky case must be listed in the Petition. There is a strong possibility that the Trustee would take the case away from you, along with any award.

1 Answer | Asked in Bankruptcy for Maryland on
Q: Is there a way I can check online to see if my case has been discharged? I went to court june 13th
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents and check the status of your case.

2 Answers | Asked in Bankruptcy for Maryland on
Q: If I owe $5,700 on my car, and it's worth $4,800, can I keep it under a Maryland bankruptcy exemption?

Specifically, under Courts 7 Jud. Proceedings 11-504(b)(5), (f)?

Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

A: If you are upside down on your car, you should not have a problem keeping your it as you have no equity; however, you should claim at least a dollar exempt and state that though there is no equity, you do claim any interest you do hold is exempt.

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1 Answer | Asked in Bankruptcy for Maryland on
Q: I want to file bankruptcy but don't know what I should be looking for
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you could... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: Can i do a bankruptcy chapter 7 on second lien?
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

When you file Bky everything is included. Everything you own and owe. If you have secured property that you wish to keep and you are current you can do a Chapter 7 and a Reaffirmation Agreement, or surrender the property. If you are in arrears and wish to keep secured property, do a 13, and you... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: I filed for a chapter 7 because my paycheck was being garnished

If people receive notice from the courts about my Chapter 7, does that stop the garnishment?

Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

Yes, but you must forward your payroll Dept and the Creditor a copy of a Suggestion of Bankruptcy and file the original with the court which issued the Writ of Garnishment.

1 Answer | Asked in Bankruptcy for Maryland on
Q: What is the best way to find a list of bankruptcies filed and the name and tel # of the lawyer who filed the bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents. It will also list the names,... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: Can I file for bankruptcy and keep my house?
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

Yes, if you are behind do a chapter 13.

1 Answer | Asked in Bankruptcy for Maryland on
Q: I have an eviction judgement for my tenant for non payments of the rent and the tenant has filed bankruptcy chap.13
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

You should file a Proof of Claim, but expect to receive pennies on the Dollar.

1 Answer | Asked in Bankruptcy for Maryland on
Q: Do I file the Notice of Filing of Case in Bankruptcy Court myself once my petition and schedules are filed.
Jason Ostendorf
Jason Ostendorf
answered on Jun 22, 2012

Bankruptcy laws are very complex, and so are the filing procedures. In order to make sure everything is handled properly, you should consult with a bankruptcy lawyer. http://www.legal-news-network.com/bankruptcy-lawyers/

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