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Pennsylvania Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Divorce for Pennsylvania on
Q: Divorce is taking 4 years+, hold up is my wife's bankruptcy lawyer taking long on agreement, can i do anything to speed

it up? Divorce can't be finalized until there's an agreement with her bankruptcy lawyer about amount he believes I should pay towards her bankruptcy. He just is slow to answer, has taken over 700 days and still is not answering. Anything I can file or do to help speed it up?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 16, 2018

This question is, on the surface, rather odd because, unless she has obtained an order from the bankruptcy court allowing her divorce case to proceed, it cannot because the bankruptcy, as a federal action, overrides all state court actions relating to her assets. If you don't have an attorney,... View More

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: How do I find out if I qualify for legal aid or pro bone for bankruptcy? I live in Armstrong county Pennsylvania.

Currently not working I have my own business but can't get work due to my Dept and not being able to get the materials needed for the jobs I get offered to bid on.

Timothy Denison
Timothy Denison
answered on Oct 7, 2018

Check with your local legal aid office or bar association to see if you qualify or if they keep a list.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Are proceeds from a lawsuit okay to deposit if debt was included in a bankruptcy six years ago that was discharged

Filed (Oct/2012) and received a chapter 7 discharge in Dec/2012. Received a check in mail this week (9/27/18) for fees reimbursed from lawsuit from one of my discharged debts not entire debt but usury interest reimbursement . Unknowingly I deposited it today. Is this money mine or the bankruptcy... View More

Timothy Denison
Timothy Denison
answered on Oct 7, 2018

Technically, it belongs to the estate but practically it’s only $271 and you probably have exemptions to protect it if the did claim it and it’s 6 years old, so probably ok to just deposit.

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Pennsylvania on
Q: how do I find out if someone filed bankruptcy?
Timothy Denison
Timothy Denison
answered on Sep 28, 2018

You can open a PACER account at PACER.gov and view filings.

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... View More

W. J. Winterstein Jr.
PREMIUM
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... View 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... View More

W. J. Winterstein Jr.
PREMIUM
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...
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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... View 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
PREMIUM
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... View 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... View 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... View 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... View 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.
PREMIUM
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... View More

Stuart Nachbar
PREMIUM
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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