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Nebraska Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Nebraska on
Q: I told my lawyer I didn't want to reaffirm my car loan. Is it too late to change my mind after the bankruptcy is final?
Timothy Denison
Timothy Denison answered on Aug 26, 2019

You can file a motion to reopen and reaffirm if the lender is in agreement.

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1 Answer | Asked in Bankruptcy for Nebraska on
Q: I filed bankruptcy to avoid foreclosure on my property,now my attorney says I need a different attorney for this,do i?

I explained to him what I wanted /needed,I paid the fee, I don't understand, why I need another attorny,do u,,chapter 13 is suppose to help me reorganize I thought

Timothy Denison
Timothy Denison answered on Jul 6, 2019

More information is needed to answer this question. Is he suggesting a foreclosure attorney to defend the action? The stay is in place unless the Court has terminated it.

1 Answer | Asked in Bankruptcy for Nebraska on
Q: When filing a proof of claim, and there is a Priority Unsecured debt, a student loan, what is the code to use 507a__?

We are a community college. I was filing a Proof of Claim that had a portion with a student loan. What code do I use on the claim under Priority Unsecured debt 507 (a) ____ or do I need to use 523 (8) (a)? The online form defaults to 507 (a)___.

Timothy Denison
Timothy Denison answered on Jan 27, 2019

11 USC 523(8)(a)

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Hello, my husband and I filed a chapter 13 bankruptcy in April of 2016 with our family farm operation

We did this so that we could continue to operate our farm and pay back our operation loan to our creditor. Now we are working on taking our the family operation and are looking at getting an operating loan and wondering what to do and where to go? I have been keeping track of our credit scores... Read more »

Timothy Denison
Timothy Denison answered on Jul 30, 2018

Challenge those erroneous entries on your credit report and unless the creditor can prove the delinquency, it should come off your report. Then you should be able to obtain an operating loan with the permission of the bankruptcy court.

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Do I get my last arranged payment back, since I filed bankruptcy before last payment came out?

I filed on Dec 13. Prior to this I made arrangements with a collector to have $50 come on the 15th of each month. I did not personally inform them of my bankruptcy until the 19th, when I saw the payment come out. They have now cancelled the remaining payments. Do I get the $50 back that came out... Read more »

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

They should send that back, call and ask them.

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

1 Answer | Asked in Real Estate Law, Bankruptcy, Family Law and Landlord - Tenant for Nebraska on
Q: How can I take over my childhood house?

My parents owned the home but we're letting the bank foreclosure on my childhood home because of bankruptcy . So I started to make the mortgage payments to try to get it put into my name for my new home, but now the bank is talking about for taking about foreclosing on me/her (my step mother). My... Read more »

Brendan Michael Kelly
Brendan Michael Kelly answered on Jul 24, 2017

You should save the payment money and approach the bank to take over the loan. Yet, the bank in not likely going to be able to talk with you about it since your not on the loan. Making payments may take your dad out of default but you won't get any credit for the property and your just helping your... Read more »

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Bankruptcy fonalized june 19th got discharge papers june 24th. Rent tonown company has sheriff servong papers to pickup

their stuff. Can they do that. Judge set the case for june 19th but didnt sign paperwork til june 23rd. Sheriff isnjust now serving me the papers and wants to take stuff with them. They did fine a relief from stay about 1 month ago or so

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

Well, did the judge lift the stay or not? That is just the first question that I have, and I am sure a local bankruptcy attorney would have many more in order to answer this question.

1 Answer | Asked in Bankruptcy for Nebraska on
Q: How can i copies of bankrucpy paper filed in 2002
Andrew Bresalier
Andrew Bresalier answered on Feb 5, 2014

A: For cases prior to the use of electronic filing (October 25, 2005), you must request a copy from the National Archive. Go to the court’s website and look for “ NAFT Form 90”, titled: “REQUEST FOR COPIES OF ARCHIVED CASE FILES FROM U.S. BANKRUPTCY COURT”. This may have a different LF... Read more »

1 Answer | Asked in Bankruptcy for Nebraska on
Q: I am contract labor. The company filed for bankruptcy. How do I get my back wages?
Andrew Bresalier
Andrew Bresalier answered on Feb 5, 2014

A: Unless there is unexempt property, usually a Creditor does not receive payment. Even when something is unexempt and administered, Creditors generally only get pennies on the dollar. Unless you can show some fraud, the most you can do is file a Proof of Claim and pray.

1 Answer | Asked in Bankruptcy for Nebraska on
Q: How does a dismissed Chapter 13 affect the statue of limitations on credit card bills
Andrew Bresalier
Andrew Bresalier answered on Feb 5, 2014

A: During the pending of the Bankruptcy the Statute of Limitations (SOL) tolling is stayed. If the Bky is dismissed it restarts, omitting the period that the Bky is pending. Example: If you have a four years SOL and you filed a Bky during the third year, then the Bky is dismissed during the... Read more »

1 Answer | Asked in Bankruptcy for Nebraska on
Q: I was given a objection on a bankruptcy case. How can I get a copy of the joiurnal entry given to me?
Andrew Bresalier
Andrew Bresalier answered on Feb 5, 2014

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. From the Docket (Journal), you can print copies of the pleadings. Amongst the pleading should... Read more »

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Do I need a bankruptcy lawyer?

$37,000 in credit card debt. Annual income is $30K. Fixed income. I'm a mortgage payer. Maybe $10K of equity in the house. I own a 1998 VW Jetta. Age 49, on SSDI, paying $10K in health costs annually.

Andrew Bresalier
Andrew Bresalier answered on Feb 5, 2014

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.

Debt is not the only thing to look at when considering...
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1 Answer | Asked in Bankruptcy for Nebraska on
Q: How may I find out if someone declared bankruptcy
Andrew Bresalier
Andrew Bresalier answered on Nov 10, 2011

Sign up for PACER. The service is free, as long as you use less than $10 per calendar quarter. You must know the specific District Court where the case was filed and use the service for that District.

1 Answer | Asked in Bankruptcy for Nebraska on
Q: How to I find information about a Chapter 13 filing? Also can I buy a house that is currently involved in Bankruptcy?
Andrew Bresalier
Andrew Bresalier answered on Nov 8, 2011

Sign up for PACER at the District Court for the respective jurisdiction. This is a free service, as long as you use less than $10 of services per calendar quarter. Once signed in, pull up the specific case.

To purchase a house in a Chapter 13, requires approval of the Contract by the Court.

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