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Mississippi Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I am supposed to pay a bill by the end of the month to an attorney can I still file bankruptcy and stop that?
Robert Gambrell
Robert Gambrell answered on Feb 20, 2018

Assuming that the bill is a payment on a debt for previous work performed the lawyer, the automatic stay that will go into place once you file for relief under the bankruptcy code will preclude any collection activity except for some types of collection for child support or alimony and collection... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Mississippi on
Q: Looking into buying a vehicle that was in bankruptcy.. owner has no title bankruptcy has been discharged..
Randall R. Saxton
Randall R. Saxton answered on Feb 15, 2018

The owner will need to contact the lender to see if the lender will release the title. The lender is not required to do so if their lien was never paid.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I filed an apartment under bankruptcy 5 years ago can I reapply at the same apartment?
Randall R. Saxton
Randall R. Saxton answered on Jan 25, 2018

Yes, you may reapply, but whether you are accepted will depend upon that company's policies.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I was discharged in October, and I haven't worked since October 31 due to surgery, and now behind on car note.

I have no income coming in at for the last three months. I filed the car on bankruptcy, but reaffirmed loan.

Randall R. Saxton
Randall R. Saxton answered on Dec 26, 2017

If you secure a source of income, you could catch up the car payments that are behind through a Chapter 13 plan.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: What is a partially avoiding lien order on personal property. After chapter 7

It was a hospital bill

Cristina M. Lipan
Cristina M. Lipan answered on Dec 19, 2017

See this link for a full explanation:

https://wassonthornhill.com/the-judgment-liens-that-can-be-avoided-from-your-homes-title/

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

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I am on Chapter 13 bankruptcy. I just had a baby and struggling. Can you get a personal loan while im on bankruptcy
Randall R. Saxton
Randall R. Saxton answered on Dec 18, 2017

Yes, if the lender agrees, you can either pay the post-petition debt outside of your plan or request court approval for the debt to be added to your plan.

1 Answer | Asked in Bankruptcy, Consumer Law, Landlord - Tenant and Employment Law for Mississippi on
Q: i recently got a garnishment notice from my employer but i never was served any court papers for the lawsuit

if i got to the court to have my hearing done again can the creditor ask for additional money ?

Randall R. Saxton
Randall R. Saxton answered on Nov 11, 2017

Yes, you could be charged for the creditor’s additional attorney fees if you are found to owe the debt.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If i file bankruptcy with llc & I have credit card debt, will it be discharged or will I be personally liable for debt

Amex, citi, chase ink, us bank business cards. Will the business credit be discharged

Baskin Lowber Jones
Baskin Lowber Jones answered on Oct 9, 2017

You will likely need to speak with a Mississippi Attorney in a private consultation for the answer to your question.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: What is a written responsive pleading

Trustee says i have to pay past due amount on my bankruptcy or do a written responsive pleading. I dont know what that means

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

If you are in Chapter 13 and the Trustee has filed a Motion to Dismiss your case for non-payment, then you can either get the money to the Trustee that is needed to bring your Plan current or file a written response to the Motion to Dismiss that explains to the Court why you are behind in payments... Read more »

2 Answers | Asked in Bankruptcy for Mississippi on
Q: I am considering bankruptcy, but I'm not sure if I qualify. I am currently 60 or more days past due on bills.

I have tried to consolidate my bills without success. I have creditors calling threatening wage garnishment and being sued. What do I need to do to find out if I qualify for pro bono help?

Randall R. Saxton
Randall R. Saxton answered on Mar 29, 2017

You should contact a local bankruptcy attorney for a free consultation.

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: Disabled daughter files bankruptcy on government housing loan will she owe the IRS

Husband passed away after the loan was made she struggled can no longer make payments three children receiving Social Security benefits oldest child 18 will no longer receive benefits

Randall R. Saxton
Randall R. Saxton answered on Feb 23, 2017

No. Debts discharged in a bankruptcy proceeding aren't usually considered taxable income.

1 Answer | Asked in Bankruptcy and Small Claims for Mississippi on
Q: can bankruptcy take my settlement money if I filed bankrupcty 4 years before ?
Randall R. Saxton
Randall R. Saxton answered on Feb 7, 2017

Up to $10,000 in personal injury awards are exempt per Miss. Code Ann. § 85-3-17

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Am I able to purchase a business in bankruptcy?
Randall R. Saxton
Randall R. Saxton answered on Jan 7, 2017

If the business is in a Chapter 7, you can purchase all of the assets of the business. The Chapter 7 Trustee assigned to the case will advertise an auction.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I file for bankruptcy does that clear out my student loan debt?
Randall R. Saxton
Randall R. Saxton answered on Oct 25, 2016

Federal student loans are not dischargeable in bankruptcy.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can I sell my home during chapter 7 bankruptcy and keep the proceeds if they are exempt? If so how?
Todd Laster
Todd Laster answered on Jun 9, 2016

If you have an attorney you need to discuss this with them before you take any action. Most Chapter 7 cases only last for 3 to 4 months, so it would be best for you to wait until after your final decree is entered. However, if the house was listed as an asset and properly exempted with no... Read more »

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If my wife and I file a chp 7 bankruptcy in MS can we exempt two vehicles if they are both less than $10,000?

I have a truck worth $4,000 and she has a car worth $3,500 and there are no liens on either vehicle, can we keep both of them?

Robert Gambrell
Robert Gambrell answered on Nov 16, 2015

Each of you are entitled to exempt up to $10,000.00 worth of tangible personal property, including such items as cash on hand, household goods, tools of the trade, animals, motor vehicles, medically prescribed items, and anything other than the listed items that has a value of less than $200.00.... Read more »

1 Answer | Asked in Bankruptcy for Mississippi on
Q: WE filed Chapter 7 in 2003 our land has been coded as filed chapter 7 but their people is telling us now our land

was not cleared with our chapter 7 so what do we do its been 17 years and we still haven't gotten our clear dead back to our land.

They say that land & primary home put up as a secure loan can not be discharged by chapter 7.

they are now telling us we need to talk to their... Read more »

Robert Gambrell
Robert Gambrell answered on Sep 11, 2015

A bankruptcy discharge order discharged your obligation to pay certain debts, but it does not discharge a lien, such the lien created by a deed of trust (another name for a mortgage). There are some types of liens on a homestead that can be avoided in a bankruptcy, but those liens are generally... Read more »

2 Answers | Asked in Bankruptcy for Mississippi on
Q: I had a case dismissed in 2011. I am trying to refinance my house and found out they have a lien on it and I was NEVER

NEVER told about it. I went to my attorney and he told me that he would have to reopen the case to get it taken off. Just wondering is this correct? And why wasn't I told about this 3 years ago? The court was in Oxford, MS. The lien was Ford Motor Credit. Can anybody help?

Christopher Kern
Christopher Kern answered on Aug 26, 2015

There is a provision in bankruptcy law that allows a debtor to "avoid" or remove a judgment lien to the extent it impairs exempt property. This must be done while the case is still pending. If a debtor does not know about a judgment, or does not tell the attorney, then the attorney will... Read more »

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can i get a new account before i file bankruptcy and have it included as a creditor.
Christopher Kern
Christopher Kern answered on Aug 24, 2015

You can not do this with the intent to discharge that debt. This would be fraud and make the debt non-dischargeable. If you obtained a new account, and later, even shortly later, decide to file bankruptcy, this would not be fraud.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I have a loan out three notes behind they want take a single note what are my options

Tried to take them notes twice they say they way all at one time

Robert Gambrell
Robert Gambrell answered on Aug 16, 2015

The creditor has the right to take the position that it will only accept payments if you bring the loan completely current. If the creditor repossesses the collateral or commences foreclosure if the collateral is real property, you can file a chapter 13 bankruptcy. If the collateral is a vehicle... Read more »

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