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Pennsylvania Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Filed bankruptcy around 2002, all papers packed away, need bankruptcy number and year, hwere do I get this info?
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

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 you can print copies of the documents filed.

www.dont-sweat-the-debt.com

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Will corporate bankruptcy of Gmac band affect my mortgage> Does that put my mortgage in jeapordy?
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

Your mortgage will not be affected by the Bky of your lender. At the most it will be transferred to a new lended.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Where should i file paperwork for a civil matter regaurding a finacial loan in another state.
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

This is not a Bky Questions. However, you should file the matter in the county where the collateral is located.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: My separated husband filed bankruptcy on our house without my signature, is this legal?
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

Yes it is legal. That should not affect your ownership rights as long as payments are made.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: How do I get a copy of the bankruptcy paperwork filed in 2008?
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

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 you can print copies of the documents filed.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I am unemployed, behind in my mortgage and credit card debts. I want to keep my house. Is chapter 7 to way to go?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

Can you get current in 30 days n your mortgage?

Further, do you make less than the means test amount? I assume you do because you are unemployed but a chapter 7 will not let you keep your house. If you have no means to get current the mortgage lender will either seek to lift the automatic...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Is there precedence for splitting a recently filed Ch. 13 Bankruptcy into a Ch. 20 - Separate 7 & 13 Cases?.
Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 1, 2013

Chapter 20s were eliminated supposedly by the Bankruptcy Abuse Prevention & Consumer Protection Act. What this means is that a debtor can no longer file a chapter 7 bankruptcy and get discharge and then file a chapter 13 and get a discharge.

Debtors can still do the chapter...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I live in pa. I have a case with drs.Debt has been caused by this agencies employees. Can I sue to get my losses back?

First I was ordered to pay $1500 a month in support.

This order happened 4 weeks into me being an owner operator.

I feel thry disregarded my business expenses. It was either pay for my business or pay the support.

By doing so I got put in debt.

Went back to being a... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

Why is this a bankruptcy question?

Spousal or child support has nothing to do with debts. You have an obligation to support your child if this was for child support.

Your suggestion that drs. debts (whoever that is) froze your account makes no sense. No one can "freeze"...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: What different types of property fall under "tenancy by the entirety" in Pennsylvania for bankruptcy Chapter 7 filings?

In filing a Chapter 7 bankruptcy in Pennsylvania, does tenancy by the entirety apply to just real estate, or does in apply to bank accounts, personal property like clothes or furniture, vehicles, etc.? I'm married but I want to file only for me, not both my wife and I.

In order to take... View More

Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

Tenancy by the entirety is a concept that applies only to the ownership of land.

Pennsylvania allows you either to claim the federal exemptions or the state law exemptions. I don't know what you own, but the state law exemptions are limited to: $300 in any one bank account, clothes,...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I have charge cards bills adding up to $12000 do I do a chapter 7 or 13?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

The amount of debt is not the determining factor for you. The question is whether you have assets and whether you make too much money to file a chapter 7. In a chapter 7, you get to keep only what is exempt under the state or federal exemptions. The exemptions in PA are limited, so if you have a... View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: What are the bankruptcy laws in PA? What is protected from bankruptcy ie home, car, etc?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 22, 2013

Your question as to the bankruptcy laws is too broad. What do you want to know? There are 2 kinds of bankruptcy that most debtors can file - either a chapter 7 or chapter 13. Briefly, the difference is that the chapter 7 is a straight liquidation meaning that most are no asset cases. You keep... View More

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Is SSDI and State disability retirement counted as income when filing chapter 7?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 18, 2013

Yes generally but it may depend on what other assets you have and whether you choose the PA state exemptions or federal exemptions. You need to consult your bankruptcy attorney about this.

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I can no longer afford my chapter 13 payments nor my attorney. What are the repercussions if my case is dismissed?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

Not sure why you cannot afford your attorney. Your attorney is obligated to provide you with representation for the duration of your chapter 13. He/she cannot take any money from you after the case is filed. He/she is compensated out of the plan. Check your Righs and Responsibilities form,... View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: When Filing Chapter 13.. My income as one earner is below state median but expenses deductions (IRS standards) negative?

Can I use my actual deductions?

Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

This suggests that perhaps chapter 13 may not be feasible. Please consult an attorney about your potential case and the goals you hope to achieve. Our expertise can be extremely valuable.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Can I convert my chapter 7 to a chapter 13 if I cannot afford the trustee payments? Am I able to file this myself?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

I think you mean convert from chapter 13 to chapter 7? Chapter 13 is the one with the payments. The answer will depend on whether you qualify for discharge under chapter 7. If you don't already have a lawyer, get one. Perhaps your chapter 13 can be salvaged and if not they can make sure... View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: If I find in a bankruptcy report, the person perjured themself by falsifying rent payments, who do I contact?
Andrew Bresalier
Andrew Bresalier
answered on May 15, 2012

Perjury before the Bky court is a matter for the FBI. Aside from a benefit that you have impeached them and thereby discredited future testimony, you do not receive any "reward". Actually, if they are penalized, this may impede their ability to pay you if you are granted any remuneration.

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Im in my 4th year of a chapter 13 & plan & arrears on mortgage are current. can i keep my escrow surplus check?
Mr. Min G Kim
Mr. Min G Kim
answered on Apr 6, 2012

You may want to contact either your attorney or your current trustee. They will advise you how to handle the money.

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Can i recieve money from a personal injury case while im in bankruptcy and up on my payment
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2012

If the accident happened prior to the filing of the Bky, the proceeds maybe property of the Bky Estate.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: How can I confirm whether an individual has filed for bankruptcy
Andrew Bresalier
Andrew Bresalier
answered on Dec 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 you can pull up the specific case and review

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: About how much does it cost to file for bankruptcy with an attorney
Andrew Bresalier
Andrew Bresalier
answered on Nov 28, 2011

The Court charges $306 for a Chapter 7, and $281 for a Chapter 13.

Two classes are required, one before and one after the case is filed.

Attorney's fees vary based upon the complexity of the case. In the Fort Lauderdale/Miami area, they start at $1,600, not including the afore...
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