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Pennsylvania Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Business Law for Pennsylvania on
Q: I have a partnership with someone who sells partnerships in horse. He said they are going to file personal bankruptcy

Can I still get the money from them that they owe me. I live in PA and they live in AZ. They have not filed yet as far as I know of. They still have 2 horses racing.

James L. Arrasmith
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answered on Jun 29, 2024

If your partner files for personal bankruptcy, it can complicate your ability to collect the money they owe you. However, you may still have some options to pursue your claim.

First, you should check whether they have actually filed for bankruptcy. If they haven't filed yet, you might...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I am filing chapter 7 bankruptcy and wanted to know if I use a credit card before the court rules. I’ll keep it paid off

I did get the card after filling for bankruptcy with the intent to grow my credit the correct way this time by always paying it off

James L. Arrasmith
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answered on Jun 22, 2024

I cannot recommend using a credit card after filing for bankruptcy, as this could potentially cause serious legal issues. Here are some important points to consider:

1. Disclosure requirement: When you file for Chapter 7 bankruptcy, you must disclose all your assets and debts, including any...
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1 Answer | Asked in Bankruptcy and Civil Litigation for Pennsylvania on
Q: Help with Stipulation Resolving Adversary Proceeding as part of Bankruptcy 10 years ago

I have been paying the debt as per the terms of the Adversary Proceeding for 10 years now and have completed the amount requested ($250k + 5%). There is a balance of $150K that will be paid by a life insurance policy that has the debtor as the beneficiary.

The payments to the debtor have... View More

James L. Arrasmith
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answered on May 25, 2024

Based on the information you provided, it seems that you have been complying with the terms of the Stipulation Resolving Adversary Proceeding for 10 years and have paid a significant portion of the debt. The informal agreements you made with the debtor regarding occasional late or reduced payments... View More

2 Answers | Asked in Bankruptcy, Landlord - Tenant and Municipal Law for Pennsylvania on
Q: Filed chapter 7 bankruptcy To take the copy of the form to the municipal court to inform them (currently facing eviction

To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I don’t Think the municipal court quite understood that my bankruptcy form 101b was filed and... View More

James L. Arrasmith
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answered on May 19, 2024

It's frustrating when processes don’t go as expected, especially when facing something as serious as eviction. The municipal court may have required you to file a petition to stay the eviction because they need specific documentation to halt proceedings. This is sometimes standard procedure... View More

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2 Answers | Asked in Bankruptcy, Landlord - Tenant and Municipal Law for Pennsylvania on
Q: Filed chapter 7 bankruptcy To take the copy of the form to the municipal court to inform them (currently facing eviction

To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I don’t Think the municipal court quite understood that my bankruptcy form 101b was filed and... View More

Timothy Denison
Timothy Denison
answered on May 18, 2024

You shouldn’t have to file a petition. The automatic stay created by the filing of the bankruptcy trumps all anyway. Be sure a copy of at least the front page and the creditor section page of your bankruptcy is placed in the municipal court file.

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1 Answer | Asked in Bankruptcy and Landlord - Tenant for Pennsylvania on
Q: Filed chapter 7 and afterwards was given a copy that was stamped by the judge then was told to take the copy to

To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I was told by the clerk after filing bankruptcy the automatic stay protects me from the eviction... View More

James L. Arrasmith
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answered on May 17, 2024

I understand your confusion and frustration in this situation. Let me try to clarify a few key points:

1. When you file for Chapter 7 bankruptcy, an automatic stay is typically put in place. This stay prevents creditors, including landlords, from continuing collection actions, including...
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4 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How long can I purchase a civil judgment for, after the plaintiff files chpt7 BK?!

A debt collection company purchases debts and sues the debtors to collect. After 10 years, that collection agency has amassed a portfolio of judgments- mostly uncollected and sitting at the various courts (in PA) for years. The company then filed for chapter 7 Bankruptcy. The trustee/ courts do not... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 19, 2024

If the debt collection agency was a corporation (or llc, etc.), it is not eligible for a bankruptcy discharge, although it can file for bankruptcy relief.

A Chapter 7 bankruptcy case is usually short-lived, a "liquidation case". Normally, the Ch. 7 bankruptcy trustee will assess...
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4 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How long can I purchase a civil judgment for, after the plaintiff files chpt7 BK?!

A debt collection company purchases debts and sues the debtors to collect. After 10 years, that collection agency has amassed a portfolio of judgments- mostly uncollected and sitting at the various courts (in PA) for years. The company then filed for chapter 7 Bankruptcy. The trustee/ courts do not... View More

James L. Arrasmith
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answered on Mar 20, 2024

In bankruptcy proceedings, assets, including judgments held by the bankrupt company, can be sold to pay off creditors. However, the specifics depend on the case and what the bankruptcy trustee decides. If the judgments were not liquidated during the Chapter 7 proceedings and remain assets of the... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My wife has file bankruptcy. She paid an attorney up front. After 4 months, they've done nothing. What should she do?

This seems a long time for no action. They just keep saying they are busy.

James L. Arrasmith
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answered on Mar 4, 2024

Experiencing delays in a legal process, especially one as significant as bankruptcy, can be incredibly stressful. If your wife has already paid for services that have not been rendered within a reasonable timeframe, it's crucial to address this issue directly with the attorney or their firm.... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My wife has file bankruptcy. She paid an attorney up front. After 4 months, they've done nothing. What should she do?

This seems a long time for no action. They just keep saying they are busy.

Martha Warriner Jarrett
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answered on Feb 27, 2024

Has she given them all the paperwork that they asked for? If not, she needs to provide them with everything. Next, she should ask how long it will take until it is ready to file. If you think it's taking too long, she can ask for her money back and hire another attorney. However, she should... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: what is a wildcard exes in chapter 13 in Pa
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 25, 2024

I mostly agree with my California colleague, except that in PA, we can choose either that PA exemptions, or the Federal exemptions, but NOT both, or a mix of both, and the "wildcard" exemption is a Federal benefit.

In short, it's available to those who do not use it entirely...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: what is a wildcard exes in chapter 13 in Pa
James L. Arrasmith
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answered on Feb 25, 2024

In the context of a Chapter 13 bankruptcy in Pennsylvania, a "wildcard exemption" refers to a provision under bankruptcy law that allows you to protect a certain amount of any property you own, as opposed to specific categories of property like a home or vehicle. This exemption is... View More

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: As a renter filing Chapter 7, can I claim the unused portion of the homestead exemption of $13,950 and apply to autos?

This question applies, of course, to the Federal Exemption Schedule amounts.

James L. Arrasmith
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answered on Feb 24, 2024

No, as a renter filing for Chapter 7 bankruptcy you cannot claim any portion of the homestead exemption or apply it towards other assets like autos.

The homestead exemption under federal bankruptcy exemptions (11 U.S.C. § 522) is intended only for equity in an individual’s primary...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How long does it take to complete a bankruptcy process? And can one travel outside the country during the process?
James L. Arrasmith
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answered on Feb 24, 2024

The timeline for completing a bankruptcy process can vary, but generally:

Chapter 7 Bankruptcy:

- Takes 3-6 months to complete the overall process.

- Can travel internationally once the case is filed, with a couple caveats:

1) The meeting of creditors (341 hearing)...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How long does it take to complete a bankruptcy process? And can one travel outside the country during the process?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 11, 2024

There are different forms/"Chapters" of bankruptcy, e.g., for an individual, primarily a Ch. 7 ("liquidation", other than exempt property) and Ch. 13 (commonly, a "Wage earner's plan").

A Chapter 7 case, without "wrinkles", can take three to four...
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3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

James L. Arrasmith
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answered on Feb 22, 2024

In bankruptcy proceedings, certain debts can be discharged, meaning the debtor is no longer legally required to pay them. However, not all debts are easily discharged in bankruptcy. Debts arising from domestic relations orders, such as child support, alimony, or other divorce-related obligations,... View More

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3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

Martha Warriner Jarrett
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answered on Feb 11, 2024

Obligations arising out of a divorce judgment are mostly non-dischargeable so he should not be able to get away with what you describe. You should consult a local bankruptcy attorney who can advise you on your particular situation and, if you want, represent you in challenging his bankruptcy. Most... View More

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3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

Peter Christopher Lomtevas
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answered on Mar 10, 2024

With all due respect for the victim asker, all of what she provides is wholly irrelevant to the former husband's contempt of the divorce agreement if that agreement was so-ordered and made an order of the court.

In Pennsylvania, the applicable law would be Rule 140B, Contempt Not in...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: In PA, if I have two car loans and file chap 7 can i keep one of the vehicles?
James L. Arrasmith
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answered on Jan 23, 2024

In Pennsylvania, when filing for Chapter 7 bankruptcy, whether you can keep one of the vehicles with a loan depends on several factors. Chapter 7 allows for the discharge of certain debts, but it also involves liquidation of assets to pay creditors. Your ability to keep a financed vehicle depends... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: In PA, if I have two car loans and file chap 7 can i keep one of the vehicles?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 16, 2024

If you have no other property, yes, you can keep both cars with the Federal exemption for equity in autos, plus the catch-all exemption, unused by any realty. There are other Fed exemptions that may cover your clothing, furniture, pc, etc.

That said, your questions strikes me as too...
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