Get free answers to your Bankruptcy legal questions from lawyers in your area.
I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024
While it is technically possible to file for Chapter 11, Subchapter V bankruptcy pro se (representing yourself without an attorney), it is generally not advisable due to the complexity of the bankruptcy process and the potential consequences of making errors in your filing.
Subchapter V,... View More
I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More
answered on May 17, 2024
Nationally, and for the last two decades at least, the success rate of the popular "save-the-house" Chapter cases has been less than twenty percent, even with bankruptcy counsel. Those cases run for three to five years, much like the Ch. 11 business reorgs.
The chances for... View More
I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024
Very difficult. Chapter 11 (regular or subchapter V) is very complex with lots of requirements and rules. A $50,000 retainer is not unusual and well worth the investment if you want to save your business. If you haven't already met with a local bankruptcy attorney, you should definitely do so.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024
Finding information on bankruptcy judges who served in the Eastern District of Washington during the 1980s can be quite specific, but here’s a helpful overview based on historical records. During the 1980s, several judges might have presided over bankruptcy cases in this jurisdiction. However,... View More
I have state and federal back taxes, student loans, insurance collections, and credit cards. Total debt is around $40k. I was told that certain types of student loans can be wiped out. I would like to know a little more about whether these can all be taken care of in bankruptcy. Thanks.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024
Filing for bankruptcy can provide relief from certain types of debt, but it's important to understand how different debts are treated under bankruptcy law. Generally, back taxes, student loans, and other specific types of debt have unique considerations. For instance, federal and state taxes... View More
As a creditor, I was planning to file an objection to discharge in hopes of getting my money back. Now I’ve learned that the debtor is on a 100% plan. Does that mean my money will all be repaid and that I don’t need to worry about my claim being discharged?
answered on Feb 21, 2024
A Plan that pays off all creditors in full is a one hundred percent Plan.
The advantage to the debtor is that no interest or other charges on any unsecured claims, e.g., credit cards, accrues, and the Plan may be as long as five years.
The disadvantage to the debtor is that for that... View More
As a creditor, I was planning to file an objection to discharge in hopes of getting my money back. Now I’ve learned that the debtor is on a 100% plan. Does that mean my money will all be repaid and that I don’t need to worry about my claim being discharged?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
Yes, if the debtor is on a 100% Chapter 13 repayment plan, that generally means the plan proposes to pay all filed and allowed unsecured claims in full over the 3-5 year plan length. This is in contrast to more common plans that pay only a percentage of unsecured debts.
Specifically, here... View More
I keep getting emails about the case and forms to file a claim but I’m not sure if I qualify as a “creditor”
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
Unfortunately, the dealership's Chapter 11 bankruptcy filing does not provide a clear path for getting your auto loan forgiven. The key points:
- The dealership's creditors and debt obligations are separate from auto loans held by customers who purchased cars. Your auto loan is... View More
The Company I purchased the car from is Shift and my financer is Westlake Financial. Shifts headquarters are in California, I bought it in Oregon. I currently live in Washington.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2024
If it's Shift that filed bankruptcy, it shouldn't affect you or your car loan. If it's Westlake Financial, it probably still will not affect you. Most likely, Westlake's contracts will likely be sold to another company. Keep making payments like you have been. If another company... View More
The Company I purchased the car from is Shift and my financer is Westlake Financial. Shifts headquarters are in California, I bought it in Oregon. I currently live in Washington.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
Based on the additional details, it seems that Shift is the car dealership that sold you the vehicle, while Westlake Financial is the lender that provided the auto loan financing.
Even though Shift is entering bankruptcy, this generally does not impact or discharge the auto loan you hold... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
Facing a car loan significantly higher than the car's value and substantial credit card debt can be challenging, but there are options available. One option is to negotiate with the car loan lender for a possible settlement or modification of the loan terms. Lenders sometimes agree to reduce... View More
answered on Jan 24, 2024
Your question cannot be reliably answered because it offers only two debt items.
Your options, among which are some of the bankruptcy Chapters, can only be determined by a full consideration of your likewise full financial situation, both income and debt service for... View More
My current landlord of a commercial property said that I have to ask the previous bankrupt owners for the security deposit as I am leaving after the lease expires. I don't have their details and also is it really the previous owners responsiblity? Can someone just change ownership of a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023
In Seattle, WA, when a commercial property changes ownership, the responsibility for returning a tenant's security deposit can depend on the terms of the sale and the lease agreement. Generally, the new owner assumes the obligations of the previous owner, including the responsibility for... View More
but before the 341 hearing.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024
Yes, you can add additional debt when converting from Chapter 13 to Chapter 7 bankruptcy in Kittitas County, Washington, before the 341 hearing. When you convert your case, you have the opportunity to amend your bankruptcy schedules, including Schedule E/F, where you list unsecured debts. This... View More
I bought 6 appliances from an appliance business that has recently filed Ch 7. I have extended warranties on all appliances. Due to personal financial issues I got way behind on my credit account payments to this business and they closed my account and I now have a lawsuit for repayment to this... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024
When a business files for Chapter 7 bankruptcy, it typically means the business is liquidating its assets and will no longer be operating. Because of this, you may face difficulty obtaining warranty information or getting the warranties honored. Unfortunately, if the warranties were provided by the... View More
A process server came to our door trying to serve a summons to my wife and her name is the only one on it not mine. It’s not my credit account either. Do I by WA State law have to accept her summons if I’m approached by the server?
He filled under chp 7 and then switched it chp 13. The trustee keeps sending letters saying everything is wrong n the motions. My lawyer keeps emailing me that he made mistakes. I don't trust him or what is being said at this point. But I am finding it very hard to figure out my next steps.... View More
answered on Aug 3, 2023
You can fire or hire any lawyer you want anytime you want. No restrictions.
They failed to contest during the bankruptcy process and now completely ignore calls, letters of discharge sent to every address they have and faxes.
answered on Jun 17, 2023
Reopen your bankruptcy and file a motion to hold them in contempt for violating te permanent injunction.
they say they will and when asked if there is a problem they assure you not, how should you deal with this?
answered on Apr 26, 2023
Ask for an itemized statement of charges, discharge them as your lawyer and hire a new lawyer.
We live in WA state. Debt is personal loans and credit cards. The personal loans are in my name alone. I am the owner of the credit cards, but my wife is a co-borrower. She has no income and has had no income for over 8 years. Would I have to file bankruptcy with her? If I file alone, could... View More
answered on Apr 26, 2023
You can file for bankruptcy relief singly (her income would be considered in a determination of "abuse of the bankruptcy system", but you appear to be exempt from that).
If you file a Ch. 7 case, there is no legal protection in a bankruptcy that covers her. In a Ch. 13 case, the... 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.
