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Maryland Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Maryland on
Q: If i recently file chapter 7 can Maryland still offset my irs refund for a old tax liability?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Aug 26, 2017

Yes I believe hey can

1 Answer | Asked in Bankruptcy for Maryland on
Q: Filed chapter 7. Deadline date to object to discharge is 7/24/17. When can I request a refund of wages garnished?

I understand I may be able to receive a refund from the garnishor of the wages garnished going back 90 days prior to the filing date (Jan/Feb - April)

David Earl Phillips
David Earl Phillips
answered on Jul 25, 2017

I recommend waiting until the trustee files a no asset report. When that is filed you are free to pursue the garnishment money. You might try a request to the creditor before filing an official motion. Remember it must be more than $600 dollars garnished by a single creditor to use 11 USC 547. Hope... View More

2 Answers | Asked in Bankruptcy for Maryland on
Q: Can I get out of paying child support if I file for bankruptcy?
David Earl Phillips
David Earl Phillips
answered on Jul 20, 2017

Short answer no you cannot get rid of child support in bankruptcy. You may be able to pay back arrears in a chapter 13 plan if you qualify. See a bankruptcy lawyer in your area to see what your options are. Good luck!

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2 Answers | Asked in Bankruptcy for Maryland on
Q: I have filed chapter 7 in April 2017 and it has not been finalized yet. I wanted to know is it ok to buy a car for $550

my concern is can it be taken by the trustee. I will own it out right, no car payments.

David Earl Phillips
David Earl Phillips
answered on Jun 27, 2017

The bankruptcy trustee would not be looking at a car you purchased after you filed the bankruptcy case. It would not be property of the bankruptcy estate which is everything you have before you filed the chapter 7. There are exceptions to this rule but they do not involve a vehicle purchase. Good... View More

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1 Answer | Asked in Bankruptcy for Maryland on
Q: totaled car that was affirmed in my bankruptcy but I kept it anyways and made payments?

I filed bankruptcy and I wanted to affirm my car but they put in my bankruptcy anyways but I still kept the car made my payment on time now my car is totaled and I still have a lien on it is the bank entitled to the funds because they took a lost in the first place or will the car just be paid off... View More

Nels Hansen
Nels Hansen
answered on Jun 8, 2017

When you file bankruptcy you must list all of your debts even those you intend to keep paying for your such as your car. The car lender is a secured creditor and their lien survives the bankruptcy. If you signed a reaffirmation agreement which was filed with the Court, you have reestablished your... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: Is it legal for an employer to decide not to offer me a job after doing a background check and seeing that I have a

bankruptcy on my record?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 26, 2017

While the bankruptcy code prevents discrimination regarding this situation , it would be very difficult to prove.

2 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Bankruptcy liability with a house loan modification in Maryland

Filed ch7 in Maryland (April 2016) and surrendered the house (did not reaffirm). We were discharged Oct 2016. Mortgage company has now offered a loan modification but is not requiring a reaffirmation. Loan modification paperwork states: "If Borrower(s) received a discharge in a Chapter 7... View More

Richard Sternberg
Richard Sternberg
answered on May 22, 2017

That doesn't sound sensible. It is "too good to be true," and when things sound too good to be true they usually aren't. You'd be foolish to sign that without having it reviewed in total with a competent lawyer. It is quite easy to reaffirm a debt in bankruptcy, and it is... View More

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1 Answer | Asked in Bankruptcy and Collections for Maryland on
Q: heard after 3years I dont have to worry about my credit card debt. Heard just don't pay. What is best?

Have at least 3 credit cards I owe on. I had to quit paying on 2 of them about 2 years ago because of some financial strain. I have continued to pay on one and am finally down to owing $400 and some change. One of the other is 10 thousand something and the other I believe is $2thousand or less. I... View More

Nels Hansen
Nels Hansen
answered on Mar 27, 2017

You should contact a local bankruptcy attorney and schedule a consultation before you make any payments on the two older debts. If the statute of limitations has run you will be in a stronger position to negotiate a settlement. If the statute of limitations has not run making a payment may alert... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: Can I file for bankruptcy if I have a full-time job?
Nels Hansen
Nels Hansen
answered on Mar 18, 2017

Many people file bankruptcy and have full-time jobs. Which chapter of bankruptcy you are eligible to file and which chapter will help you achieve your goals are questions that require more information. Contact a local bankruptcy attorney and schedule a consultation. You can search for an... View More

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.

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