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
Washington Bankruptcy Questions & Answers
5 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for Washington on
Q: My car was totaled and there are claims in excess of my policy limit of 25,000 Should I file bankruptcy?

I do not have umbrella coverage and I am about to retire.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 3, 2025

Filing for bankruptcy relief is a major step, and you need to confer with an experienced lawyer. with full facts of your financial condition to your lawyer in advance of that conference.

Do that as soon as you can, as the best lawyer help is BEFORE any more happens.

On top of your...
View More

View More Answers

4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

View More Answers

4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

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

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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

View More Answers

4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

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

Martha Warriner Jarrett
Martha Warriner Jarrett pro label 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

View More Answers

2 Answers | Asked in Bankruptcy for Washington on
Q: Who were the bankruptcy judges for eastern district of washington in the 1980s
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

View More Answers

2 Answers | Asked in Bankruptcy for Washington on
Q: I have multiple large debts which have me thinking about bankruptcy including but not limited to old student loans.

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

View More Answers

3 Answers | Asked in Bankruptcy for Washington on
Q: How does a 100% plan work in a chapter 13 bankruptcy?

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?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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

View More Answers

3 Answers | Asked in Bankruptcy for Washington on
Q: How does a 100% plan work in a chapter 13 bankruptcy?

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?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

View More Answers

3 Answers | Asked in Bankruptcy for Washington on
Q: If the dealership I bought my car from filed for chapter 11 bankruptcy can I get my auto loan forgiven?

I keep getting emails about the case and forms to file a claim but I’m not sure if I qualify as a “creditor”

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

View More Answers

3 Answers | Asked in Bankruptcy for Washington on
Q: I financed a car. The company I got it from is going bankrupt. I am receiving legal emails about it but don't understand

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.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label 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

View More Answers

3 Answers | Asked in Bankruptcy for Washington on
Q: I financed a car. The company I got it from is going bankrupt. I am receiving legal emails about it but don't understand

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

View More Answers

2 Answers | Asked in Bankruptcy for Washington on
Q: Car loan of $50k on car worth $20k being repossessed and $30k in credit card Debt in finance name what are our options
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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

View More Answers

2 Answers | Asked in Bankruptcy for Washington on
Q: Car loan of $50k on car worth $20k being repossessed and $30k in credit card Debt in finance name what are our options
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

View More Answers

2 Answers | Asked in Bankruptcy and Landlord - Tenant for Washington on
Q: Landlord says previous owners responsible for security deposit return

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

View More Answers

2 Answers | Asked in Bankruptcy and Landlord - Tenant for Washington on
Q: Impact of one tenant filing bankruptcy on shared month-to-month rental debt in Washington.

What happens to a shared apartment rental agreement when only one tenant files for bankruptcy? Both of our names are on the lease, and we are on a month-to-month plan. We are currently a month and a half behind on rent, but we have not received an eviction notice. The landlord does not accept... View More

Timothy Denison
Timothy Denison
answered on Mar 21, 2025

Yes. The non-filing tenant is still responsible for the entire amount under the lease.

View More Answers

1 Answer | Asked in Banking, Consumer Law, Civil Litigation and Bankruptcy for Washington on
Q: Funds trapped with Swissquote Bank, multiple fees imposed, seeking legal action for fund retrieval and damages.

I invested my capital with Swissquote Bank and made a profit. However, my funds are now trapped, and the bank has imposed multiple fees beyond the initial 5% withdrawal fee stated in the terms and conditions. After paying $24,000 in withdrawal fees, I was asked to pay a $38,000 'Wallet... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2025

The situation you're describing has multiple warning signs of fraud rather than legitimate banking practices from Swissquote, which is a regulated Swiss financial institution that wouldn't typically impose escalating "fees" after initial withdrawals. These endless payment... View More

1 Answer | Asked in Bankruptcy and Traffic Tickets for Washington on
Q: Is there a chapter to file bankruptcy for traffic tickets im trying to get my license back

It's all traffic violations,no DUIs .... My license is suspended 3rd

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2024

Filing for Chapter 7 or Chapter 13 bankruptcy can help with traffic ticket debt and potentially aid in getting your license back. While bankruptcy won't eliminate all types of driving-related debts (like DUIs), it can discharge many traffic fines and penalties.

Your situation with...
View More

1 Answer | Asked in Bankruptcy for Washington on
Q: In Kitittas County can I add additional debt in a conversion from a chapter 13 to a chapter 7 after the initial filing.

but before the 341 hearing.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

1 Answer | Asked in Bankruptcy and Collections for Washington on
Q: I’ve got a lawsuit against me from a creditor. The creditor has filed Ch 7. I can’t get extended warranty info now.

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Washington on
Q: Does a husband have to accept from a process server a summons that names only the wife on it? Or has to give to her?

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?

Timothy Denison
Timothy Denison
answered on Sep 14, 2024

No. You do not have to accept the summons.

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.