Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Bankruptcy Questions & Answers
1 Answer | Asked in Divorce, Bankruptcy and Probate for Pennsylvania on
Q: Looking for flat fee attorney to provide referral fee for sales from sellers in property sales from divorce, prob, bkrty
Timothy Denison
Timothy Denison answered on Mar 26, 2020

Check with your local bar association or legal aid society.

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My parents own a house with a bankruptcy attached to it.They miss a payment can their house foreclose even with covid19?

They live in PA.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 26, 2020

If your parents are currently in a pending (not yet closed) bankruptcy case, none of their creditors can proceed against them, or their estates, without first procuring relief from the automatic stay in bankruptcy.

If your parents are in a Chapter 7 bankruptcy and have defaulted in mortgage...
Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I have S Corp. I personally own all intrest in it. If i file bankruptcy, can they take our home in both our names.

My wife is not on Corp at all.

Timothy Denison
Timothy Denison answered on Mar 18, 2020

Depends on the value of your assets and your equity in them. Consult a bankruptcy practitioner who can evaluate your entire financial situation and help you decide what to do.

3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: We are in bankruptcy. My husband just lost his job what should we do
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 18, 2020

If you are in a Chapter 7 bankruptcy, there is nothing more you need to do, other than complete the second credit management course and file the Certificate of completion with the court.

If you are a Chapter 13 case, and you are required to make plan payments to the Chapter 13 trustee,...
Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I had an LLC from 2011 I have no assets under that LLC and it's void

I'm going to be declaring Chapter 7 bankruptcy what will happen to that old LLC

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 25, 2020

You again?!! Lol

The ownership interest (your shares of stock, etc.) in the LLC will become property of the bankruptcy estate, over which the bankruptcy trustee has possession and control. If there is no value in the LLC that can be sold/turned into money, the trustee will abandon that...
Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I have been LLC that is not in good standing

and I'm going to be declaring Chapter 7 bankruptcy will this effect of my bankruptcy

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 25, 2020

The simple answer is that all of your assets, including your shares of stock/ownership interest in the LLC, will become assets of the bankruptcy "estate" which is created when you file for bankruptcy relief. The Chapter 7 Trustee then "steps into your shoes" with respect to those assets, and... Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: 5 years later, lawyer wants us to pay to reopen Chapter 13 bankruptcy to get discharge that we thought was finished?

We had followed the lawyers instructions to the letter and thought everything was finalized 5 years ago. Just found out Discharge never happened. Now lawyer says we need to pay court fee to reopen to file for discharge and he won't charge lawyer fee so long as he doesn't have to attend any... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 18, 2020

It is considered "best practice" for debtor's counsel to keep every client, including bankruptcy debtors, apprised of developments or needed filings in a case.

If you filed your bankruptcy case 5 years ago, and it is a Chapter 13 case, then you may be permitted to reopen the case to get...
Read more »

View More Answers

1 Answer | Asked in Bankruptcy and Family Law for Pennsylvania on
Q: Can a judge put me in jail for back alimony even though I am in a chapter 7 bankruptcy

The Back alimony is from last year when it ended and my 3 minor children live with me that judge said he doesn't care and that would put me in jail if I did not pay two days in bucks county pa

Timothy Denison
Timothy Denison answered on Jan 7, 2020

Yes. Bankruptcy does not stay actions on enforcement of support or maintenance.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I filed for chp13 on July 5 2017 I had to retain attorney for car accident

I filed for bankruptcy without attorney ended up in car accident got an attorney (for car accident only still no bankruptcy attorney) who told me not to worry about telling courts yet. Now almost completed chapter 13 filed lawsuit sometime in 2018 after bankruptcy had already been filed I only... Read more »

Timothy Denison
Timothy Denison answered on Dec 23, 2019

You need to go see an experienced bankruptcy lawyer. There are several ways you can protect some or all of your settlement.

3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Question about automatic stay protection and filing in the last year

I filed for Chapter 13 last year, but did not complete the petition. It was dismissed more than 365 days ago. But the filing was in 2018. If I file again, will the automatic stay apply? The last petition was dismissed in May 2018 and we would be filing again November 2019. I am planning to... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 15, 2019

An automatic stay will kick in when you file a second bankruptcy, but will only last 30 days from the date you file the new petition. Within that thirty days, you can file a motion to extend the stay for the duration of your case, which of course you should do. That motion must identify the... Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How do I find my bankruptcy record? Is it available on line?

I am trying to find the list of items that were discharged by the bankruptcy.

Timothy Denison
Timothy Denison answered on Oct 31, 2019

Pacer.gov

View More Answers

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I have to file for bankruptcy,where do I start
Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Contact a bankruptcy attorney or Legal Aid.

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I have to file for bankruptcy. Where do I start?

My husband passed away 4 months ago. I have high credit card debt and not enough income to make payments.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 15, 2019

If you choose to file for bankruptcy relief without a lawyer, here are the forms you will need to fill out and file-

https://www.uscourts.gov/forms/bankruptcy-forms.

You must first decide whether to file a Chapter 7 or Chapter 13 case. There are income limitations for Ch. 7...
Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I recently went to a lawyer and found out that back in 2011 filed for chapter 7 by a different lawyer.

First attorney was to refund me 5200.00 dollars. Never did. Second attorney can get that for me but I will only get 1000.00 back. He stated I need to pay taxes and excess charges. Is this legal? What should I do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 19, 2019

This question leaves a lot to the imagination. If your first BR lawyer never gave you $5,200 way back in 2011, why are you just now trying to recover it? Oh..wait; let me guess? So you can pay BR lawyer #2; right?

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I get extreme anxiety. I may need to file bankruptcy though. Is there any help for someone in my case?

I get extreme anxiety. It gets so bad that i get sick. I may need to file bankruptcy though. Is there any help for someone in my case where-for the majority of the conversations can be done via email?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 13, 2019

There would need to be at least one initial face-to-face meeting, just lawyer and client (this is my personal requirement, not a requirement of law). The remainder of our communications can be by email if you can scan documents and send to me, and then if you can p;rint and sign documents.... Read more »

View More Answers

4 Answers | Asked in Bankruptcy for Pennsylvania on
Q: If a debt is included in chapter 13 bankruptcy, can it be sold to a collection agency
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 5, 2019

Yes, and it happens frequently. There are companies out there whose business is to handle/service accounts of others that are deemed "bad", or "uncollectible", etc. Transfers of claims are specifically authorized by the Bankruptcy Code, and also occur in Chapter 7, 11 and 12 cases.

View More Answers

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I filed chapter 13 in 2012. it was converted to chapter 7 in 2014. I have financial issues again and am exploring option

My expenses exceed income. I am looking at both chapter 13 and chapter 7 options. Did the clock start when i filed for the chapter 13 in 2012 or the conversion date to chapter 7 in 2014? At what time am I able to consider chap 13 or 7? My minimum payments are current but only because I am taking... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 18, 2019

Interesting question.

Section 727 of the Bankruptcy Code provides--

(a)  The court shall grant the debtor a discharge, unless--

(8)  the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the...
Read more »

View More Answers

3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: i loaned a friend? $5,000 so he could bye a vehicle. he filed for bankruptsy and now says he no longer owes me

the money and there is no way for me to get my money back from him. is this true?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 12, 2019

Unless you took a security interest in the debtor's real or personal property at the time you advanced the money, and "perfected" your lien by filing in the designated places (Registrar of deeds in county where real property is located, or Sec. of State of PA and/or county for UCC-1 filings), then... Read more »

View More Answers

3 Answers | Asked in Collections and Bankruptcy for Pennsylvania on
Q: I lost a Civil Law suit with about 141k awarded to the other person. Can they come after my 401K to collect?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 20, 2019

If your 401k is a "qualifying plan" (i.e., meets the requirements of Section 401(k) of the Tax Code), then your 401k plans should be exempt from execution.

Your judgment creditor may nonetheless attempt to levy on your 401(k) account, and you will need to file written objections to that...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.