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Mississippi Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Mississippi on
Q: New Verizon Edge Smartphone Purchase: Filing Chapter 7 in Mississippi, Will I lose the phone?

I am filing Chapter 7 in Mississippi. I am a senior on SSA DisabiIity. My Verizon smartphone kept missing texts/emails/calls but was no longer in warranty (I did not purchase insurance). My contract was not up until 12/15. I had to buy a new smartphone but the only "contract" they would... View More

Robert Gambrell
Robert Gambrell
answered on May 16, 2015

Your question involves 2 separate issues. The first issue is the service contract. If you file the case and agree to assume the contract, which means that you will continue paying the regular monthly service charges, then your service will not stop. However, if you intend to reject the contract,... View More

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can i file chapter 7 again it has been over six years

In 2008 filed chapter 7 in az moved to Mississippi in 2008 can i file chapter 7 again?

Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Aug 28, 2014

You can file again, but you would not be eligible for a discharge in a case filed now.

Under Section 727(a)(8) of the Bankruptcy Code, you cannot receive a discharge in chapter 7 if the case was filed within 8 years of the filing of a prior case under chapter 7.

However, under...
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1 Answer | Asked in Bankruptcy for Mississippi on
Q: May i just file bankruptcy without involving my wife?

I just want to stop paying on our motorhome, we both have cancer and heart problems. we cannot use it any more.

Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: You can file without your married spouse; however, any jointly held debt and property must be disclosed. Additionally, if your spouse works their income must be included in the Means Test and you will have to provide copies of their pay-stubs to the court.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: How to seal a Bankruptcy case

What steps do I need to take to seal an 8 year old Ch7 bankruptcy case? Would I just need to file a "Motion to Seal Case" as well as an "Order to Seal Case" with the Southern District Court of Mississippi in addition to paying any filing fees? Is it that simple?

I... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: You cannot seal a Bankruptcy Case?

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I am a Plaintiff in a small claims case can I include an appearance fee in the judgment.

We served our customer with a letter that stated they would be charged a $150 appearance fee if they do not pay there bill and we have to go to court. can we actually collect this fee if we win the case

Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: Generally, if you are a party of the action, you cannot charge an “Appearance Fee”. However, if it was consented per the terms of an Agreement you can. Only attorneys can charge attorney’s fees.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I agreed to pay a debt in the divorce decree and later had to file bankruptcy am I still responsible for the debt in MS?
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: Equitable Distribution is Dischargeable; however, if the payment is in the “Nature of Support” it is not Dischargeable.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: My wife filed bankruptcy an reaffirmed her car but now she can't make the payment what can she do can she let it go back
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: If the Bky is still open you can rescind the Reaffirmation Agreement. If the Bky is completed, she can still do a voluntary repossession, but she will be liable for any deficiency after the vehicle is sole.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I was discharged from chapter 7 a little over a year ago and I kept my house is it to late to let my home go.
David Siegel
David Siegel
answered on Dec 26, 2013

If you did not reaffirm the debt on your home, then you can surrender the property without penalty. This is simply because the debt was technically discharged in your bankruptcy case. You had the right to retain and pay until such time that you change your mind. You are off the hook as far as... View More

1 Answer | Asked in Bankruptcy for Mississippi on
Q: How do I get a bankruptcy off of my credit report? It has been on there since 2003. Filed 3-1-2003 and closed 7/1/2003
Andrew Bresalier
Andrew Bresalier
answered on Sep 5, 2012

A Bankruptcy stays on your credit report for 10 years, from the Close, so it should fall off during August 2013.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I make this month's payment and I am still behind one month, will my case still be dismissed?

Hi I am in a chpt 13 since 2007. Today I received a motion to dismiss for failure to make payments. This is the third time. I know that I won't be able to make all of the payment but I will be able to make some of it. If I make one payment then I will be 30 days behind. The last time my lawyer... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2012

The Trustee could still set a Motion to Dismiss for hearing. It may be difficult, but unless you have proof that you are currrent before the hearing the case will be dismissed.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I hold a deed of trust on a person who filed chapter 13 bankruptcy. When could I expect to be paid the back debt.
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2012

Payment are generally sent out about two months after the Confirmation. If not received by then, you should call the Trustee.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I make this month's payment and I am still behind one month, will my case still be dismissed?

Hi I am in a chpt 13 since 2007. Today I received a motion to dismiss for failure to make payments. This is the third time. I know that I won't be able to make all of the payment but I will be able to make some of it. If I make one payment then I will be 30 days behind. The last time my lawyer... View More

Andrew Bresalier
Andrew Bresalier
answered on Jan 13, 2012

If you are not current at the time of the hearing on the Motion to Dismiss your case will be dismissed. Current means the payment has been received and is reflected on the Trustee's system.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If i have my ch 13 dismissed before my dec hearing can i file a chapter 7 in march of 2013 if i filed ch7 in march of 05
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

From your last discharge, you must wait eight (8) years to file a chapter seven (7), or four (4) years to do a chapter 13, as receive an other discharge. If for some reason you need the benefit of a Stay, such as to stop a foreclosure, you can proceed with a 13, reap the benefits of the Plan, but... View More

1 Answer | Asked in Bankruptcy for Mississippi on
Q: What do i do if i am given money as a gift after filing?
Andrew Bresalier
Andrew Bresalier
answered on Nov 10, 2011

The courts are usually not as concerned regarding things received after the case is filed, as they are about the prior months. However, if the "gift" was expected, or within six (6) months of Discharge disclosure is required and it could be part of the bankruptcy estate.

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