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Rhode Island Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Rhode Island on
Q: Auto loan from credit union was sold to a lawyer. They are trying to garnish wages. Will bankruptcy clear this debt off

Auto loan is from 2007/2008 Pawtucket credit union. I live in Rhode Island. Also might have another judgment from a car accident when I had no insurance of my own & was technically at fault. Need to know if both of these will come off with bankruptcy or if I will still be obligated to pay them

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 2, 2024

Validly perfected liens on a debtor's property generally withstand any bankruptcy relief. Note that auto liens are afforded some special rights. The attempted garnishment, however, is a separate matter, and most probably stayed by a bankruptcy filing.

Personal injuries to another...
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2 Answers | Asked in Bankruptcy for Rhode Island on
Q: I received a 309A form stating my ex husband is filing bankruptcy, We currently owe joint Federal Income Taxes does thi

This mean he is trying to add these taxes to his bankruptcy making me liable for the entire tax debt

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2023

Probably not. Generally, unless the taxes are more than two years overdue, taxes are not dischargeable in bankruptcy. That means that he will remain jointly liable with you. You should review his bankruptcy schedules (they are available on Pacer.com) to see if he has listed the taxes as a priority... View More

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2 Answers | Asked in Bankruptcy for Rhode Island on
Q: in Rhode Island a writ of attachment showed ump at court was told to file motion not sure what kind of motion I need to
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 27, 2024

I don't practice in RI, but from what little you say, you should probably file a response (in PA, any response to an attachment is to the Sheriff) and objection, claiming that what you own is "exempt property" set forth in the RI statutes.

An alternative/addition may be a...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Rhode Island on
Q: My co signer on my house filed chapter 7 bankruptcy 7 years ago. Will they still get money if I sell the house in RI
Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2023

Cosigner on a Note does not make that person a tenant in common., etc. Hire a RI attorney to search the Title and determine ownership. At least read your Deed.

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1 Answer | Asked in Bankruptcy for Rhode Island on
Q: Can I file bankruptcy from a lease agreement .

Royal Crest estates is the place

Timothy Denison
Timothy Denison
answered on Aug 21, 2019

Yes. If all other financial conditions permit.

1 Answer | Asked in Bankruptcy for Rhode Island on
Q: Hello I have a question. If I filed chapter 7 back in 2014 am I able to file again under new creditors?
Timothy Denison
Timothy Denison
answered on Mar 25, 2019

No. You cannot file a new Chapter 7 until 2022; however, you can file a Chapter 13 at any time..

2 Answers | Asked in Bankruptcy for Rhode Island on
Q: I currently owe I’ve 10k to a hospital and am unemployed with 0 assets. Am I eligible to file for bankruptcy?

I am not eligible for financial aid through the hospital my surgeon used due to the procedure being dental related, not “medical.” My surgeon did not do a preauthorization for the procedure and neither my dental nor health insurance will pay for this bill. I am stuck with it and am only 21... View More

Timothy Denison
Timothy Denison
answered on Jan 23, 2019

You should be eligible to file.

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1 Answer | Asked in Bankruptcy for Rhode Island on
Q: I am only considering ch 13 due to a second mortgage balloon payment due in early 2021 if I can't refinance

I have plenty of income. I intend to pay all creditors in full. Will this allow me to keep some income every month and go with a 5 year plan? For example, if I have $10000 in disposable monthly income and all debts/60 would be $4000/month. Mortgage and expenses cover another $3000 for a total... View More

Timothy Denison
Timothy Denison
answered on Dec 13, 2018

You can do a100% repayment plan over 5 years without incident.

1 Answer | Asked in Bankruptcy for Rhode Island on
Q: I would like file chapter 7, i do not own any assets, I have considered Chapter 13, can you advise the exacts in 7
Timothy Denison
Timothy Denison
answered on Oct 16, 2018

Chapter 7 is likely the way to go for you since you have no assets. Chapter 13 is a wage earner repayment plan designed for people who have assets they could not otherwise keep. Contact a local bankruptcy attorney who can guide you through the process.

1 Answer | Asked in Bankruptcy and Consumer Law for Rhode Island on
Q: I had a motorcycle that I defaulted on for the last 6 payments..

I've had the bike for 11 years and finally went to the DMV to see if I still had a lean on it... I did not have a lien and was issued a duplicate title.. can I sell it?

David Earl Phillips
David Earl Phillips
answered on Jul 15, 2017

If there is no lien against the title you would be able to sell the bike in my state, Tennessee. If Rhode Island is a title state also you should be OK with selling the bike. Hope it works out. Good luck!

1 Answer | Asked in Bankruptcy for Rhode Island on
Q: If I file chapter 13 can my cars be reposessed if the car company is on the bankruptcy
Kevin W. Chern
Kevin W. Chern
answered on May 21, 2015

One of the primary reasons that people choose to file for Chapter 13 bankruptcy is that a Chapter 13 payment plan allows for keeping property that serves as security for a debt (such as an automobile with a lien on it) and catching up past-due payments over time.

Kevin Chern is an Illinois...
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1 Answer | Asked in Bankruptcy for Rhode Island on
Q: How do I write my Bankruptcy #?

Trying to complete the final course in personal financial management but the course will not except the following number 1:14-bk-12436 it is to long and only #'s how should this be written?

thanks

Neville Bedford
Neville Bedford
answered on Mar 27, 2015

When you have a problem like this, contact the provider of the financial management course support line or the attorney you hired to assist you with your bankruptcy.

1 Answer | Asked in Bankruptcy for Rhode Island on
Q: Financial liability after bankruptcy discharge for difference between short sale amt and amt owed?

Our 1st and 2nd mtgs were included in our bankruptcy. We were not allowed to reconfirm them, but we have continued paying on time and living in the property. Are we financially liable for the difference in amt owed and amt of a short sale since the discharge included the mtgs?

Norma Duenas
Norma Duenas
answered on Aug 9, 2014

If you have listed and included your two mortgages in your bankruptcy then you should not have liability for any difference between the amount of the short sale and what was owed. Your bankruptcy would have removed your personal liability for the mortgages. The only time that you would be... View More

1 Answer | Asked in Bankruptcy for Rhode Island on
Q: A firm that went bankrupt owes me money. I am not a secured lender, but a subcontractor. The amount is $12,000
Andrew Bresalier
Andrew Bresalier
answered on Feb 11, 2014

A: Unless there is unexempt property, usually a Creditor does not receive payment. Even when something is unexempt and administered, Creditors generally only get pennies on the dollar. Unless you can show some fraud in the granting of the loan and have your loan declared nondischargable, the most... View More

1 Answer | Asked in Bankruptcy for Rhode Island on
Q: Worked for a company who's owners filed bankrupcy and owe back wages. Will courts pay out those wages. How can I know?
Andrew Bresalier
Andrew Bresalier
answered on Feb 11, 2014

A: Unless there is unexempt property, usually a Creditor does not receive payment. Even when something is unexempt and administered, Creditors generally only get pennies on the dollar. Unless you can show some fraud in the granting of the loan and have your loan declared nondischargable, the most... View More

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