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Pennsylvania Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Divorce for Pennsylvania on
Q: Are there any pro bono lawyers for woman needing a bankruptcy lawyer?? Or divorce lawyer

He left. Now filing for bankruptcy

I dont want to file

Have all debts working out

Timothy Denison
Timothy Denison answered on Sep 24, 2018

Check with your state and local bar associations. They maintain pro bono and reduced fee attorneys who may be able to help you.

1 Answer | Asked in Bankruptcy and Divorce for Pennsylvania on
Q: In the process of a divorceHouse isnt sellingHe is filing for bankruptcyWhat is my best options?

We split bills ones in my name vs his name

The house is the biggest issue?!

Its been on the market since last October

No one making offers to cover balance due

Cash broke!

Timothy Denison
Timothy Denison answered on Sep 24, 2018

1) Wait for House to sell.

2). Deed in lieu of foreclosure back to bank

3). His bankruptcy will stay proceedings for a bit and maybe the trustee can sell in and you will get your share, if any, after sale and payment of mortgage.

4) if YOU have no equity either, maybe you...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: My father filed bankruptcy about 7 years ago. He had a home and a step grandson’s name was on the deed. Dad died 3.5

3.5 years ago. No will. I was POA. The above person, J... has been living there and paying mortgage. I have no problem with that and bank said it could continue that way. Now J.. wants to refinance and the bank says that me and my brothers have to do a quit claim deed to relinquish our rights. What... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 18, 2018

When a person dies intestate, his property owned at the time of death passes to his legal heirs, i.e., those heirs defined by the intestacy statute in the state of the decedent's domicile. In almost all states, the children of the deceased, and wife, are the designated heirs. A grandchild is not... Read more »

2 Answers | Asked in Small Claims, Bankruptcy, Contracts and Civil Rights for Pennsylvania on
Q: Co-buyers rights after a repossession and auction of said vehicle

I had a vehicle. While it was in my possession I made payments. When the vehicle was obtained by the buyer he stopped payments and would not return the car to me (co-buyer). I made many attempts to get the car back. I made a couple attempts to get the buyer to refinance. I was in constant... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 15, 2018

The optimum time to seek legal advice is before a contemplated deal, like transfer of an asset, is done, not after.

With your payments toward the vehicle, and your "co-buyer's" lack of payments, you were legally entitled to claim the lion's share of the equity in the vehicle. Obviously,...
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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How can I find out if my bankruptcy went thru lawyer filed paperwork to court but wont return about court date.

I submitted all paperwork bank statements paystubs. He completed court paperwork had me sign was supposed to set court date

Cary B. Hall
Cary B. Hall answered on Sep 4, 2018

Call the bankruptcy clerk. Since you're in Lansdale, I'm presuming that you filed in the Eastern District of Pennsylvania (in Philly). That number is (215) 408-2800. Call them tomorrow and see what you can find out.

Best of luck to you.

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1 Answer | Asked in Bankruptcy and Child Support for Pennsylvania on
Q: Ex wife filed chapter 13 and is now required to pay child support. Do the children get less due to her bad decisions

**This is in Pennsylvania. It says New York for some reason** She is currently paying via wage attachment to bankruptcy. The bankruptcy also considered over $2000 in adoption subsidy that she receives as income in determining her obligation for bankruptcy. When the child support started to get... Read more »

Timothy Denison
Timothy Denison answered on Aug 20, 2018

No. Children will receive statutory guidelines amount.

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: What will happen to my alimony payments if I need to file for bankruptcy?
Stuart Nachbar
Stuart Nachbar answered on Aug 17, 2018

You will need to keep making payments and if you file a Chapter 13 because of arrears, those will be paid through your chapter 13 plan

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Can civil cases be included in bankruptcy if your drivers license is suspended for nonpayment in the state of pa?

It's been around 18 years since accident.

Timothy Denison
Timothy Denison answered on Aug 13, 2018

Yes. Civil cases can be included, although debts owed to the state are a bit trickier, especially if it’s a fine or court costs.

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How is livestock viewed in bankruptcy proceedings?
Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

Generally an asset, market value. There may be some differences and you want to ask your attorney.

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Can the credit card company go after me if my husband ( not me)files for chapter 7 in PA with the cards on his name only

I live in NJ and he lives in PA even if we are married . Most of the debit is before we got married but he kept using the cards after the marriage . His lawyer wants my pay stubs even if I am not filing. I am scared the companies go after me even if the cards are not mine and I have never signed... Read more »

Timothy Denison
Timothy Denison answered on Jul 5, 2018

They cannot come after you at all but your pay stubs are still needed for the means test to determine whether he can file Chapter 7. Two totally separate issues but you cannot be liable.

2 Answers | Asked in Arbitration / Mediation Law, Bankruptcy and Consumer Law for Pennsylvania on
Q: Can I sell my home if I just received papers for arbitration

I am in the process of selling my home closing is set for July 10 I received paperwork on June 30 for arbitration I had no notice and will not be prepared should I request a continuance can they put a judgment against me or stop the sale of my house if no court order has been issued yet what are my... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Jul 1, 2018

I am not a Bankruptcy Lawyer, and what you describe going on does not sound like it has to do with Bankruptcy. It sounds like you have a real estate problem, and the other side has asked for Arbitration. It appears that you are in Philadelphia, while I am in California. So, the law is different... Read more »

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2 Answers | Asked in Bankruptcy and Collections for Pennsylvania on
Q: If the original lender of a private student loan forgives it and it is sent collections, can you discharge in bankruptcy

They original lender of my private student loans wrote them off and sent them to collections. I checked my credit score on Credit Krama and it listed other federal and private student loan debt but the others where under collections by national collegiate student loan trust. I am on disability and... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jun 15, 2018

The private student loan may be dischargeable under hardship if you have been found disabled by social security. You will need an attorney for that.

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I had a chapter 7 discharge and am turning in my Vehicle I’m still making payments on. How long do I have to turn it in

I’m still current on payments but owe no liability per my lawyer I can keep it as long as I pay. Is there a limit to how long I have to turn it in

Timothy Denison
Timothy Denison answered on Jun 4, 2018

You can keep it indefinitely or until they sk you to return it.

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Friend in Pa. owns home outright but credit card debt $45,000. Can she file bankruptcy and keep her home

Her home is worth about $150,000.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jun 4, 2018

The answer to your question is yes, but the issue is which Chapter (7 or 13), would be most appropriate for her; the eligibility for each bankruptcy chapter differs.

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2 Answers | Asked in Bankruptcy, Foreclosure and Collections for Pennsylvania on
Q: out of work, am I eligible to file for chapter 13? I was told No is that correct? Ive been sick but can work

Been out of work since 9/17, foreclosure has started. I called laurel legal services for free help but was told I'm not eligible since I'm out of work. Can't they work out terms while you find work or get disability? I am so afraid I don't know what to do and I have no money at the moment to pay... Read more »

Stuart Nachbar
Stuart Nachbar answered on May 23, 2018

To qualify for a chapter 13, pursuant to the statute, you must have regular income. It is a requirement of a chapter 13 that you have a regular steady income.

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I am currently in Chapter 13 and i had judgement liens and my attorney filed motion to avoid liens and they were awarded

in my favor. How do I get them released at the local courthouse where they were filed. No one seems to know including my attorney. My bankruptcy is almost over so I want to make sure everything done correctly.

David Earl Phillips
David Earl Phillips answered on May 15, 2018

In our area, we take a certified copy of the bankruptcy court order that avoids the liens and file that at the register of deeds office. I would think there would be something similar where you are. Call the register of deeds office and ask what they need to remove the liens. Be sure and discuss... Read more »

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How can i locate documentation from my personal bankruptcy? it was in 2012.

It was filed in Doyelstown Pa.

Timothy Denison
Timothy Denison answered on Apr 20, 2018

From your lawyer or go to the courthouse where you filed the bankruptcy and the request a copy. If you know anyone who has a pacer.gov account, they can get if for you on line.

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1 Answer | Asked in Banking, Bankruptcy and Divorce for Pennsylvania on
Q: Do I file bankruptcy?

Im in the middle of a divorce, both names on the house and car. Ex got the car, and I got the house. He let the car get repossessed and I was not notified that it was until the day of by the ex. Now bank is trying to sue us both. Also I cant afford the house, its one whole paycheck of mine and Ive... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Apr 12, 2018

If you have an attorney for your divorce, discuss this with her/him. When a bankruptcy action is filed, it places an automatic stay on all state court actions. That means that the PA court cannot proceed in your divorce action until either the bankruptcy has been completed or dismissed, or the... Read more »

1 Answer | Asked in Foreclosure and Bankruptcy for Pennsylvania on
Q: Long story short: parents upside down on bills; likely to lose their house to foreclosure. No where to go. No money.

My parents are 80. My mother has Alzheimer's. Obviously I don't want them to be homeless. There is no family money and their lending agency (Bank of America). Can they declare bankruptcy and keep their home?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 2, 2018

A chapter 13 bankruptcy proceeding is designed to enable debtors to keep their houses. There are debt maximum limits, however, and a Chapter 13 debtor must be receiving "periodic income" with which to fund a plan. Social security payments qualify as periodic income, if sufficient in amount to... Read more »

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