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Pennsylvania Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Small Claims for Pennsylvania on
Q: If I have a small claims judgement in FL, can FL suspend my PA driving license ?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 13, 2023

The moment you file for bankruptcy relief, an automatic stay is issued against any creditor's attempt to collect a debt, and that applies generally to state and local governments as well.

If, as it appears, you are now a PA resident, you are required to have a PA driver's...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Bankruptcy courts have first claim above all creditors on funds going to a bankrupt business. A course.....

being sold by some serious experts claims that if you notify the bankrupty court of new funds going to a bankrupt business, the court will pay up to 25 percent of the funds recovered. I cannot find any information about this at all. Do you know of this?

I will add that I wrote the... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 5, 2023

i've been practicing law, about half of it in bankruptcy cases from Oklahoma and Texas to PA, DE and NJ, and I have yet to witness any court, bankruptcy or otherwise, make any payment to anyone, lol.

A Chapter 7 trustee is appointed over each Ch. 7 bankruptcy. The trustee steps into...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: What is the difference between a creditor and an expense, Chapter 13?

After consultation with a bankruptcy attorney, he suggested I file a Motion to Dismiss related to my ex's Chapter 13 filing. My main argument is that he omitted currently paying for multiple attorneys. This is important because he has not reimbursed me for child-related expenses due under our... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 2, 2023

If he is required to pay for your attorney by a matrimonial order, this would be a domestic support obligation (DSO), which is not dischargeable in bankruptcy (meaning whatever is not paid through the bankruptcy, he would still owe the balance). Ex remains liable for the DSO regardless of whether... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: What is the difference between a creditor and an expense, Chapter 13?

After consultation with a bankruptcy attorney, he suggested I file a Motion to Dismiss related to my ex's Chapter 13 filing. My main argument is that he omitted currently paying for multiple attorneys. This is important because he has not reimbursed me for child-related expenses due under our... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 2, 2023

Any bankruptcy case deals primarily with "claims" existing on the date of filing, not so much the entities that hold those claims. However, initially, the court requires that a full list of all creditors with claims on the date of inception of the bankruptcy case, with names and... View More

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: When filing a Motion to Dismiss, do I need to be careful about privacy when attaching exhibits?

After consultation with a bankruptcy attorney, he suggested I file a Motion to Dismiss related to my ex's Chapter 13 filing. I am wondering if there are limitations on what exhibits I can file publicly? For instance, I was going to provide his employer's offer letter outlining his bonus... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 2, 2023

You're right on to be concerned about privacy of litigants and disclosures through exhibits. the PA courts all have extensive rules about pleadings and exhibits, and what cannot be made public, and you should google those regarding disclosures through pleadings. (All filings in PA courts,... View More

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: When filing a Motion to Dismiss, do I need to be careful about privacy when attaching exhibits?

After consultation with a bankruptcy attorney, he suggested I file a Motion to Dismiss related to my ex's Chapter 13 filing. I am wondering if there are limitations on what exhibits I can file publicly? For instance, I was going to provide his employer's offer letter outlining his bonus... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 2, 2023

Yes, certain information (personally identifiable information) needs to be redacted. See Federal Rule 5.2, a copy available here: https://www.law.cornell.edu/rules/frcp/rule_5.2 (this might not be the most updated version of the rule).

More importantly though, what is it you seek to...
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2 Answers | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for Pennsylvania on
Q: How long a Bank can collect on a judgment in PA? Judgment was on my credit report for 7 years but not sure when Status

Is there any status of limitation on this judgments? This was for an unsecured business loan from one of the major banks .

Daniel Edward Mueller
Daniel Edward Mueller
answered on Feb 14, 2023

Credit reporting does not affect the time in which a creditor can collect a judgment. A creditor with a money judgment in Pennsylvania can collect against the debtor's personal property, including money in bank accounts, for up to 20 years. In addition, as my colleague noted, judgments become... View More

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2 Answers | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for Pennsylvania on
Q: How long a Bank can collect on a judgment in PA? Judgment was on my credit report for 7 years but not sure when Status

Is there any status of limitation on this judgments? This was for an unsecured business loan from one of the major banks .

David Kennedy Bifulco
David Kennedy Bifulco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023

Judgments become liens on all Real Property the person owns in the County where the Judgment is recorded. Judgments need to be renewed every 5 years to retain the lien and its priority against the Real Property. You should contact an attorney that has experience in Real Estate and Foreclosure Law... View More

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: chapter 7 with discharge. One loan in the chapter 7 sent me a 1099-A is that incorrect should it have been 1099c
Daniel Edward Mueller
Daniel Edward Mueller
answered on Feb 7, 2023

Was the debt a mortgage loan? Form 1099A is used to determine capital gains and losses on abandoned or foreclosed property (usually real property.) When you surrender your home in bankruptcy, you may receive a form 1099A from your mortgage lender, most often if (1) the property is vacant and (2)... View More

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Hello I am currently on unemployment and I am failing to make ends meet at my debt is piling up, is chapter 7 an option?

My car payment is behind and they are talking about repossession i also have defaulted on my credit cards and other debt, I am seeking legal advice on what to do.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 9, 2023

To be eligible for a Ch. 7 (liquidation, although you keep exempt property), you must have earned something less than the "median income" for your region (you can google it, as it fluctuates). If you have been below the "median" for the last six months, you are eligible for Ch.... View More

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Hello I am currently on unemployment and I am failing to make ends meet at my debt is piling up, is chapter 7 an option?

My car payment is behind and they are talking about repossession i also have defaulted on my credit cards and other debt, I am seeking legal advice on what to do.

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 9, 2023

It's important to note that legal advice cannot be provided on this forum. This is informational only.

The car loan is a secured debt (in the amount of the value of the car), and is not dischargeable in bankruptcy. Bankruptcy might help if you owe a lot more than the value of the car...
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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Hello I am currently on unemployment and I am failing to make ends meet at my debt is piling up, is chapter 7 an option?

My car payment is behind and they are talking about repossession i also have defaulted on my credit cards and other debt, I am seeking legal advice on what to do.

Daniel Edward Mueller
Daniel Edward Mueller
answered on Jan 10, 2023

Based on the information you provided, bankruptcy may be an option. If unemployment is your main source of income and you have limited assets, it is likely that you qualify for Chapter 7 bankruptcy. However, there are other factors to consider, such as a spouse's income (if you are married),... View More

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1 Answer | Asked in Bankruptcy and Real Estate Law for Pennsylvania on
Q: I filed chapter 7 four years ago and included my mortgage. I continue to pay. Can a new lien be placed on my house?

Technically, I could walk from this mortgage as I am legally free from paying it but I plan to finish it. Can another creditor I'm having trouble with and was not included in the original chapter 7 bankruptcy place a lien against me on this home I have no legal obligation to pay? If yes, what... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 5, 2023

Justice Clarence Thomas, in the Dewsnup opinion, wrote for the majority that in a Chapter 7 case, a validly perfected mortgage lien against property cannot be "stripped down", i.e., is not affected by the bankruptcy filing (the opinion strangely held that section 106 of the bankruptcy... View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: If I file for bankruptcy can that clear a debt for an overpayment for the social security administration?
Richard G. Fonfrias
PREMIUM
Richard G. Fonfrias pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2022

Great Question!!

An overpayment of social security benefits can be discharged in bankruptcy. Since it is a general unsecured nonpriority debt. It just happens to be owed to the government. But, the Social Security Administration (SSA) can object  if it determines that the overpayment was...
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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My husband and I filed a chapter 7 and now Afterpay the pay later company closed my account. Can they do that?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 13, 2022

Yep. Pretty much all the credit card issuers by now have software that alerts them whenever one of their credit card holders files for bankruptcy, and, electronically, the bankrupt's access to future credit is terminated (at least until entry of the bankruptcy discharge, and then the debtor... View More

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3 Answers | Asked in Bankruptcy, Appeals / Appellate Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Can I file bankruptcy if I have a judgement against me that I can't afford to pay.
Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Nov 8, 2022

Absolutely. Judgments are one of the main reasons that individuals chose to file bankruptcy. You may want to move quickly as once the creditor receives the judgment, they can engage in post-judgment activities like garnishment or seizure of assets.

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3 Answers | Asked in Bankruptcy, Appeals / Appellate Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Can I file bankruptcy if I have a judgement against me that I can't afford to pay.
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 8, 2022

Yes, you could potentially file for Bankruptcy on a Judgment that you can not afford to pay. There are many criteria that have to be satisfied, and I would urge you to seek out counsel in your state to assist you, but yes, this will not prevent you form filing, and this is the reason bankruptcy... View More

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1 Answer | Asked in Bankruptcy, Criminal Law, Divorce and DUI / DWI for Pennsylvania on
Q: I don't have a lot of money and I want to file bankruptcy what can I do

I receive allimony from my x husband. However I started out in the negative when he left me after 22 years of marriage and now I have a ton of credit card bills that are all suing me . On top of it I am in the process of getting a dui charg and my life has fallen apart. I am trying to get it back... View More

Timothy Denison
Timothy Denison
answered on Apr 22, 2023

Have a competent bankruptcy attorney review your situation snd help you make the best decision as how to proceed.

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: i WOULD ASK MY UNCLE BUT HE HAS DEMENTIA AND HIS FAMILY WOULD LIKE TO KNOW.

tHE HURSING HOME WANTS TO KNOW WHEN HE FILED FOR BANKRUPTCY AND WHEN HE SIGNED THE HOUSE OVER TO MY OTHER NEPHEW WHO IS DEAD. IF IT WAS EASY TO FIND OUT THE ANSWER I WOULD NOT HAVE ASKED YOU. THANK YOU WE THOUGHT THERE WAS A COURT SOMEWHERE WE COULD ASK.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Mar 24, 2023

You can look on PACER or you ca contact his Counsel

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: mY UNCLE TOOK OUT BANKRUPTCY AND MY NEPHEW NEEDS TO FIND OUT WHEN, HOW DOES HE GO ABOUT IT THAT DOESN'T COST HIM MONEY
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

The best way to find out without it costing him any money is to ask your uncle.

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