Ask a Question

Get free answers to your Bankruptcy legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: What is a Statement Pursuant to Local Bankruptcy Rule 1073-2(b), when filing a chapter 13?

What is this statement in regard to and what does it include? Thank you.

Nels Hansen
Nels Hansen
answered on Sep 10, 2017

Contact a local bankruptcy attorney and schedule a consultation. Pro se chapter 13 cases have over a 90% dismissal rate. The form you asked about is a disclosure of related cases. You must disclose any related cases in the last 8 years. You can search for an attorney using the Justia "Find... View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: If I apply for a payment plan for a chapter 13 filing fee, will my petition not be filed until its paid in full?
David Earl Phillips
David Earl Phillips
answered on Sep 8, 2017

A case can be filed and the filing fee paid in installments as part of the 13 plan as you make payments to the 13 trustee in most districts. Be sure and get a lawyer to assist you. Chapter 13 cases can be very complicated and almost impossible to do without a lawyer. Hope it works out. Good luck!

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I am $26,000~ in debt and make $33,280 a year for income. Am I eligible for Chapter 7 bankruptcy?

I have a severe mental illness and currently taking therapy for it (and medication). Impulsiveness is a major symptom of this disorder and is the direct cause of my debt.

I am currently in both a debt settlement and a debt management program but the monthly payments are draining me... View More

Michael Francis Barrett
Michael Francis Barrett
answered on Sep 6, 2017

You are likely eligible to file, but only after a full evaluation of your situation by an experienced bankruptcy attorney in your area can you know for sure.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I think my ex is trying to file for bankruptcy to get out of paying his share of child support. What can I do?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Aug 2, 2017

Child Support is not dischargeable, so that is not possible. If he/she files a Chapter 13, they MUST remain current on post petition child support payments to confirm a Chapter 13 Plan. If they file a Chapter 7, it does not stop Child Support garnishments etc.

1 Answer | Asked in Bankruptcy and Collections for Pennsylvania on
Q: My wife has credit card debt in her maiden name, if judgement can the take from a joint bank account?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jul 13, 2017

Yes they can if they can prove it is her account as well and that she is the same person, meaning maiden name vs married name.

3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: debt collector suing me for a car repoed 2 years ago. What are my options to stop company from garnishing wages, etc.

Is bankruptcy even an option in this situation? Defficiency is a little over $19,000

Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Jun 19, 2017

Yes, bankruptcy is still an option and this debt is dischargeable. You should speak with a local bankruptcy attorney ASAP.

View More Answers

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Why were my voluntary payroll deductions returned to me from my credit union when my bankruptcy notice went out?

I have a voluntary payroll deduction to my credit union. The money is split between three accounts - a savings, a club, and a loan. My attorney sent me a check and letter from my Credit Union which stated they were returning the money to comply with Bankruptcy law. It's everything that's... View More

David Earl Phillips
David Earl Phillips
answered on Jun 14, 2017

The payments within 90 days of your filing bankruptcy would be considered a preference under section 547 of the Bankruptcy Code. You may go back and pay the credit union after your bankruptcy completes if you wish to. Discuss with your lawyer if you have further questions. This is very normal and... View More

2 Answers | Asked in Bankruptcy and Consumer Law for Pennsylvania on
Q: I had student loan debt taken from my expected income tax return.

How can this stop or can bankruptcy be declared

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 14, 2017

Most student loans are not dischargeable so filing the bankruptcy will not assist.

View More Answers

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: will i lose my car if i file for bankruptcy? i make payments on it

my husband and i have quite a bit of debt and our accounts kepp getting overdrawn. we were thinking about filing for bankruptcy however we dont own our car we make payments on it. so will we lose it?

David Earl Phillips
David Earl Phillips
answered on Jun 6, 2017

You may be able to claim the car as part of your bankruptcy exemptions. In most cases, there would not be a great amount of equity in a car anyway and you stated you still owe money on the loan. The better question may be whether the car creditor will allow you to reaffirm the remaining debt on the... View More

1 Answer | Asked in Civil Litigation, Small Claims, Bankruptcy and Collections for Pennsylvania on
Q: In Pa, if a husband and wife have a joint bank account and there is a judgment on one party can the account be attached?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 5, 2017

Yes, the account can be attached unless you can show that the funds in the account are exempt funds.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Do I need a lawyer to file a motion to end a wage order when my chapter 13 case is closed?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 22, 2017

I would highly recommend it. It can be technical and service can be difficult, so I would.

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I own my home outright but lost my job last year and have so much credit debt that I think I need to file for bankruptcy

Will I be forced to sell my house as an asset if I file? It's probably worth enough to pay off my debts, but my family and I need a place to live.

David Axinn
David Axinn
answered on May 8, 2017

The Answer depends on the type of bankruptcy you file, and the amount of equity you have in your home. In a Chapter 7, you can exempt up to $23,675 in equity, or twice that if the home is owned jointly. In a Chapter 13 plan, you would propose a payment plan, to pay back your creditors over a 3 to 5... View More

View More Answers

1 Answer | Asked in Bankruptcy and Business Law for Pennsylvania on
Q: I have a bankruptcy question.

my husband and I had a personal chapter 7 bankruptcy discharge in 2014. I own a small sole proprietorship and may possibly be sued, can I file another bankruptcy? we have no real assets except a small joint personal bank acct, can that be taken? we are in the state of pa

Jonathan R. Roth
Jonathan R. Roth
answered on Mar 31, 2017

No you cannot file a new bankruptcy. If the claim pre-dates your bankruptcy, you may be able to reopen the bankruptcy. You may be able to file a state receivership, a state form of bankruptcy but need to speak to local counsel. Those are usually handled by bankruptcy attorneys.

1 Answer | Asked in Bankruptcy and Consumer Law for Pennsylvania on
Q: I'm being sued by midland funding i haven't been able to work or have any income or assets due to medical issues

I'm currently on appeals list for disability hearing

Peter N. Munsing
Peter N. Munsing
answered on Mar 16, 2017

Not sure why but sounds like you signed for a loan and those "funding" company loans have teeth in them. You should consult a consumer attorney through legal services.

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: What assets am I required to disclose when filing bankruptcy? Are there any that are exempt?
David Axinn
David Axinn
answered on Feb 15, 2017

The simple answer to your question is that you have to disclose everything, and there are a number of different exemptions available. Failing to disclose an asset can lead to major difficulties, including criminal charges. The exemptions are too complicated to explain fully in this forum. As one... View More

View More Answers

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I just got divorced a few months ago and my husband wants to declare bankruptcy

- will I be forced into bankruptcy too if he files on loans of jointly owned property?

David Axinn
David Axinn
answered on Dec 16, 2016

The answer depends on the type of bankruptcy he files, and what he does with regard to the joint loans. If these loans are secured by a house or car which he intends to keep, it is likely that he will have to continue to pay them. On the other hand, if he is letting the property go, and not paying,... View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: is there a pro bono service for disabled people filing chapter 11 ? Westmoreland county PA
Peter N. Munsing
Peter N. Munsing
answered on Sep 29, 2016

Check with legal services in your area.

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: How can I get a copy of my bankruptcy
Peter N. Munsing
Peter N. Munsing
answered on Sep 18, 2016

Go to the bankruptcy court. Ask the clerks office. Or ask the lawyer that handled it for you.

1 Answer | Asked in Bankruptcy, Small Claims, Collections and Consumer Law for Pennsylvania on
Q: If a wife is issued a judgement for a credit card debt in her name only - is it possible to levy joint items (bank/car)?

If a wife has been issued a judgement for credit card debt, and everything she has is joint with her husband, what can be done?

Peter N. Munsing
Peter N. Munsing
answered on Aug 7, 2016

Generally no. If someone is harassing on collections, get in the habbit of writing down a note on each call--time, who called

what they said in as exact words as possible. But with a judgement on the loose may be a problem with bank accounts, her wages, so wife should get a consult with an...
View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: If I am behind on rent and file for bankruptcy can I still be evicted?
Kevin W. Chern
Kevin W. Chern
answered on Oct 9, 2015

When a bankruptcy case is filed and a landlord has not yet received a judgment for possession, the automatic stay typically stops the proceedings as it does all other collection actions. However, the landlord may ask the bankruptcy court to lift the automatic stay to allow the eviction to proceed.... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.