Montana Bankruptcy Questions & Answers

Q: Do i need a bankruptcy lawyer?

1 Answer | Asked in Bankruptcy for Montana on
Answered on Feb 3, 2014
Andrew Bresalier's answer
A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

Q: Can a peson file bankruptcy strictly on medical bills?

1 Answer | Asked in Bankruptcy for Montana on
Answered on Feb 3, 2014
Andrew Bresalier's answer
A: When you file Bky everything is included. Everything you own and owe. Does not matter where it is owned; however, if your debt is outside the USA, you must include it, but it may still be collectable outside the USA. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

Q: How do I find out if someone filed bankruptcy

1 Answer | Asked in Bankruptcy for Montana on
Answered on Feb 3, 2014
Andrew Bresalier's answer
A: 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.

Q: Do I need a lawyer to claim Bankruptcy?

2 Answers | Asked in Bankruptcy for Montana on
Answered on Feb 3, 2014
Andrew Bresalier's answer
A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

Q: Do I need an attorney to file bankruptcy

2 Answers | Asked in Bankruptcy for Montana on
Answered on Feb 3, 2014
Andrew Bresalier's answer
A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

Q: What are the possible options of a debtor when receiving a Trustee's consent to creditors motion to modify stay?

1 Answer | Asked in Bankruptcy for Montana on
Answered on Feb 3, 2014
Andrew Bresalier's answer
A: The Trustee does not represent a Debtor. It is up to the Debtor to defend their own interests, so if you do not wish the Motion granted you should object.

Q: Trying to find out when I filed for bankruptcy and when I can get it discharged.

1 Answer | Asked in Bankruptcy for Montana on
Answered on Feb 3, 2014
Andrew Bresalier's answer
A: Chapter 7 cases are generally discharged about two months after the Meeting of Creditors, unless there is property being collected from the Trustee. Chapter 13 cases are generally discharged about five years from the initial Plan payment. You can research your case by signing 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.

Q: Can a person put assets out of bankruptcy in a equity fund with certificates?

1 Answer | Asked in Bankruptcy for Montana on
Answered on Feb 3, 2014
Andrew Bresalier's answer
A: This can be viewed as a “Fraudulent Conveyance with the Intent to Defraud your Creditors” and/or “Conversion of an Unexempt Asset to an Exempt Asset in an Attempt to Defraud your Creditors”. In a Bky a Trustee can consider the transfer void and proceed against the property and/or the new owner.

Q: Can ex spouse force payment of debt discharged in chapter 13

1 Answer | Asked in Bankruptcy for Montana on
Answered on Feb 3, 2014
Andrew Bresalier's answer
A: Equitable Distribution is Dischargeable; however, if the payment is in the “Nature of Support” it is not Dischargeable and you can be forced to pay.

Q: Hired Montana attorney three years ago paid $2100. Nothing yet done on bankruptcy and he won't return calls.

1 Answer | Asked in Bankruptcy for Montana on
Answered on Feb 3, 2014
Andrew Bresalier's answer
Contact your respective state bar association and file a complaint.

Q: MUST I HAVE AN OFFICIAL DISCHARGE OF BANKRUPTCY TO CLEAR MY CREDIT?

1 Answer | Asked in Bankruptcy for Montana on
Answered on May 15, 2012
Andrew Bresalier's answer
The Discharge does what it says: it discharges your liability. Once it is granted, a copy goes to all parties included in the case. The filing of the Bky will appear on your credit report for 10 years. A "Certified Copy" of the Discharge maybe required for certain things, such as when you sell your home, but it can be picked up at anytime, directly from the Clerk, without any notice.

Q: Do i need a bankruptcy lawyer?

2 Answers | Asked in Bankruptcy for Montana on
Answered on Dec 21, 2010
Kevin M Ryan's answer
File a basic answer in court asap. Do the best you can to meet the filing deadline. This will cause the court to schedule a preliminary hearing or " pretrial" about 30-45 days later depending on the court. Find out this court date asap and make sure you appear. You will at least delay the issuance of a judgment while you find a lawyer. You may be able to enroll in the Hyatt Legal plan at work if available since January is the enrollment period. Some of these legal insurance companies pay...

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