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Pennsylvania Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy and Foreclosure for Pennsylvania on
Q: Can a bank put your dads house after he dies in son's name with out telling them the kids did not open up a estate

They put the house in kids name in 2017 the kids did not know it till they got foreclose notices also bank told 1 of the kids the bought if for a dollar however the kids never gave any money 4 house

Timothy Denison
Timothy Denison answered on Aug 20, 2020

More information is needed, however, the answer is very likely, no.

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2 Answers | Asked in Bankruptcy and Real Estate Law for Pennsylvania on
Q: If I file for bankruptcy and own a property in a HOA, what happens when I have a balance with them?
Timothy Denison
Timothy Denison answered on Aug 11, 2020

It is probably a lien against the property and will still have to be paid.

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Why is it taking so long to get a Chapter 13 discharge?

We paid back our creditors 100% and we are no longer making plan payments as of April 24, 2020. A Certification of Discharge Eligibility wasn't submitted until June 4th, 2020. Then my attorney submitted an final application of compensation on June 24th, 2020. That hearing won't take... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 19, 2020

The law field, like every other business, has been impacted by the coronavirus pandemic, and delays are the result. I'm not sure that the court personnel can do much working at home, and the same is true of the Ch. 13 Trustee's people.

I doubt that your attorney's fee...
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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: can an old partner still use my business line of credit w/o my knowledge? and file bankruptcy w/o my knowledge?

I checked my business credit recently and see there is a home equity line of credit, and auto loan and a bankruptcy, I didnt do any of this. and I have not been in business with this person for more that 8 years.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 16, 2020

Assuming you mean old business partner, when you parted ways, that event triggers a "dissolution of the partnership", which has ramifications, but you needed to tie off the loose ends as well, e.g., notify your lender of the dissolution of the partnership, and terminate/wrap up any live... Read more »

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: our home was included in our bankruptcy we moved out but the township keeps saying we are responsible for the lawn care

they are threatening legal action, how can we be responsible when we don't own the house anymore. Also The bank was notified that we did move out

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 3, 2020

Just because you've moved out/abandoned the property doesn't automatically equate to someone else taking title to the property. The township, and other providers of utilities, hold the record title owner responsible for their respective charges. The bankruptcy, if it was a Ch. 7 case,... Read more »

1 Answer | Asked in Bankruptcy, Contracts, Business Law and Civil Litigation for Pennsylvania on
Q: My uncle's company was sued and won by default they have an AQ incorporation and have no assets.

They were sued on a conctract deposit. The performer arrived but didnt perform due to client not having an inside venue and we had a storm that day. The company was sued for the performer's deposit and he won by default. They set a judgement on bank to garnish but the company is closing what... Read more »

Timothy Denison
Timothy Denison answered on May 24, 2020

Empty the bank accounts immediately and have your uncle consult a debtors attorney.

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: 10 years chapter 7/ never confirmed. should paying principal be going up ? and interest be going down ? sold twice

will my interest ever go down? it seems each time the mortgage sells my loan. the mortgage goes back to default Like I'm paying a brand new loan? the loan/debt was discharged. my credit no longer reports the bankruptcy.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 23, 2020

It's common for Mortgage lenders, and their "loan servicers", to transfer their mortgage loans to new entities, but such transfers do not alter the terms of your Note and Mortgage.

However, you don't provide enough information to give you an answer to your issues. To do...
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2 Answers | Asked in Bankruptcy and Divorce for Pennsylvania on
Q: Should I do my chapter 7 bankruptcy before or after divorce?

I'm separated from my wife and we're planning to get divorced.

I also have $70k in credit card debt and am planning to file for chapter 7 bankruptcy soon.

All of the debt is in my name not hers.

Would it be more advantageous to go through the bankruptcy before... Read more »

Timothy Denison
Timothy Denison answered on Apr 8, 2020

Consult a bankruptcy attorney and let him review the financial info, it matters which you file first but only a complete review of your finances can tell you which yo file first.

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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...
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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 »

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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...
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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... Read more »

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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... 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...
Read more »

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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 »

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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

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