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Washington Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Washington on
Q: I am considering filing chapter 7 bankruptcy. Do I have to file with my wife, or can I file by myself?

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

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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...
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3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for Washington on
Q: is there a place I can find open source data for documents involved in a case's document discovery process?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 8, 2023

No. Discovery requests are not filed as a public record, unless, and only to the extent that, the same are controverted and a protective order is sought. The same is true of documents produced in response to discovery requests. Only after culling, and if a judge permits, are documents produced... View More

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1 Answer | Asked in Bankruptcy for Washington on
Q: I just have a question regarding voluntary surrender of a vehicle.

Currently working with a lending company that I have paid each month since we financed the vehicle. Currently fiancee and I are in quite the finacial hardship and I asked them if I could pay them on the 3rd, knowing that I will also be making a payment on the 18th as well in March. Payment is due... View More

Timothy Denison
Timothy Denison
answered on Mar 19, 2023

Neither. Secure the vehicle and pay as you proposed.

3 Answers | Asked in Bankruptcy and Collections for Washington on
Q: Can I remove a collection if I didn’t include it in my bankruptcy?

Hi,

I have bankruptcy back in Nov 2019.

I forgot to include one of the collection from 2018.

It’s been 4 years is there any way to remove it?

Joel Gary Selik
Joel Gary Selik
answered on Feb 13, 2023

Contact your bankruptcy attorney to see if the petition can be amended.

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1 Answer | Asked in Bankruptcy, Business Law and Mergers & Acquisitions for Washington on
Q: Can litigation be used to drain a company of its capital and leave it vulnerable to a takeover by the plaintiff?

Hi everyone, I don't have any specific geographical location in mind, so if lawyers have examples of laws that they know of, regardless of region, it'd be interesting to hear them:

Is there anything in the law to prevent litigation used by one larger company (that can handle... View More

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

Generally not unless it involves the purchaser becoming so large as to violate the Sherman Anti-trust Act. The activity you describe is called corporate raiding but is usually legal when performed within the rules of a particular state.

1 Answer | Asked in Bankruptcy and Military Law for Washington on
Q: Will it effect my military husband if I file bankruptcy?

I got into an accident and didn’t have insurance and am now expected to pay $22,000. I don’t have that kind of money and am trying to explore my options. Desperately need help.

Robert C. Hahn III
PREMIUM
Robert C. Hahn III
answered on Jan 3, 2023

Really the best answer to this question is to consult with an experienced bankruptcy attorney. Usually married couples file bankruptcy together, but they are not required to and some file individually. If you file individually without your husband joining the petition it may or may not effect him... View More

2 Answers | Asked in Bankruptcy for Washington on
Q: Over 100k in debt

I allowed my cousin to use my 9k credit card back home overseas to assist him with starting a business. He agreed to pay it back in a timely manner so I agreed to it. Few months later I received many return check fees on my credit card which maxed it out to over 55k on my credit card balance which... View More

Timothy Denison
Timothy Denison
answered on Nov 4, 2022

Your entire financial situation needs to be evaluated before you file bankruptcy but score you do that, why don’t you report the activity as fraudulent and see if the bank or lending agency will refund or void all those charges as fraudulent. You may only be liable for the first $50 if it is... View More

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1 Answer | Asked in Bankruptcy for Washington on
Q: Just moved, and I have to use previous state's exemptions for chapter 7, but which state's median income to I use?
David Luther Woodward
David Luther Woodward
answered on Feb 19, 2022

I am not so sure you are correct. Have you talked to a Bankruptcy lawyer where you live now? To have jurisdiction where you now live you have to have lived "the greater part of the last 180 days".

Go see the lawyer

Good Luck

d

1 Answer | Asked in Bankruptcy for Washington on
Q: Does RCW 6.27.100 under "YOU ARE HEREBY COMMANDED" mean that we cannot legally pay the debt in full online now?

I have the money to pay the amount for "the amount alleged to be due and still owing under said judgement"

This amount is higher than the amount on the collections agency website. I just want to pay it and never have to think about it again. How do I do that?

Timothy Denison
Timothy Denison
answered on Jan 15, 2022

Send a cashiers check directly to the creditor by certified mail, return receipt requested.

1 Answer | Asked in Bankruptcy for Washington on
Q: I have a joint mortgage with a family member and they are going to file for ch 7 bankruptcy.

I am the one making payments. Should I be worried . Does this affect my home? could they take it?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 22, 2021

As against the bankrupt, a mortgage or note provision that the filing of a bankruptcy triggers and acceleration of the debt has been held to be unenforceable by most courts.

And so long as the mortgage debt is being paid as due, most mortgage lenders/servers are happy and would not attempt...
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2 Answers | Asked in Bankruptcy and Social Security for Washington on
Q: My only Income is social security. I’m looking For pro Bono bankruptcy info in the Everett WA.
Timothy Denison
Timothy Denison
answered on Sep 23, 2021

Call your local bar association or Legal Aid Society.

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2 Answers | Asked in Bankruptcy for Washington on
Q: Bankruptcy Ive a creditcard& a carpmt from same credit union. If I file can they sue me or can those be included in ch7

So I have my car and credit card from the same credit union. And I am not able to afford either payment. Hints trying to file chapter 7. If I file would I be able to get both of them written off? Or will they go after me and sue me for filling?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jul 31, 2021

No one can hope to prevail by claiming some sort of damage simply because you have filed for bankruptcy relief. If you meet the eligibility requirements for the bankruptcy chapter of your choice, you're bullet-proof from any such claims.

However, it may be that some creditor may seek...
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2 Answers | Asked in Bankruptcy and Divorce for Washington on
Q: Can I go bankrupt post divorce to avoid paying a property settlement while still keeping my home? Chapter 13?

basically my wife has taken everything and I want to keep our home. I will have to buy her out, but will need to file chapter 13 after. Can I include this settlement to avoid having to pay her. I have already paid over $50K in alimony and $80K in attorney fees,

Timothy Denison
Timothy Denison
answered on Jul 20, 2021

No. You cannot bankrupt a divorce settlement.

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3 Answers | Asked in Bankruptcy for Washington on
Q: Will chapter 7 eliminate a civil judgment? What about others listed on the judgment not filing?

Husband and I are filing chapter 7 to discharge a civil judgment. However our son is also on the judgment, will they come after him after we file?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 20, 2021

In a Ch. 7, the automatic stay, and the permanent injunction included in the final Discharge, only protects the debtors who file the bankruptcy case. Assuming that the civil judgment is not for a non-dischargeable kind of debt (e.g., fraud, willful destruction, and specified kinds of personal... View More

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1 Answer | Asked in Bankruptcy, Banking, Collections and Small Claims for Washington on
Q: Can we fight this and at least stop the repo?

The co signer for my car filed for bankruptcy so now the bank won’t let me pay. When I try, it says that it’s covered under the bankruptcy. Now the bank is coming after my car if I don’t pay for all the missed payments. So they won’t let me pay but now they want all the money “I owe”

Timothy Denison
Timothy Denison
answered on Sep 21, 2020

They can’t repossess your car while the co-signers automaton stay is in place. Hire a lawyer and let him straighten out the issues between you and the lender going forward.

1 Answer | Asked in Bankruptcy for Washington on
Q: We have our 341 meeting first thing tuesday, our mailing address did not get put on our paperwork. What will happen?

Our attorney is out of town for the holiday weekend. We have our court date/time but hadn't received anything from the court directly. Went back and looked at our paperwork. Only our physical address is on them not our mailiing.... is this going to be a problem? We have no time to file... View More

Timothy Denison
Timothy Denison
answered on Sep 4, 2020

No. Both you go and take your drivers licenses and social security cards. If you do that, everything should be fine.

1 Answer | Asked in Bankruptcy for Washington on
Q: Will be filing bankruptcy due to a divorce. I am upside down in my vehicle because of it by about $10k- see details

Considering trading this car in on a much cheaper vehicle and putting the 10k on a credit card so I'm not upside down in a vehicle before I file.

Is this a good idea, or a horrible idea for filing chapter 7? I don't want to be upside down in a vehicle, and really need to start completely over.

Timothy Denison
Timothy Denison
answered on Aug 13, 2020

Consult a bankruptcy attorney before you do anything. Divorce obligations are NOT dischargeable in bankruptcy.

2 Answers | Asked in Banking, Bankruptcy, Business Law and Intellectual Property for Washington on
Q: What kind of an attorney do I need if there are issues with divorce, fraudulent bankruptcy, property, and business.

He also made me very sick. I have been blocked from seeing any documents. I am in need of a attorney ASAP

Robert C. Hahn III
PREMIUM
Robert C. Hahn III
answered on Jun 4, 2020

The short answer is, you need an attorney that understands both family law and bankruptcy law or two lawyers that know each individual area of law to work together.

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1 Answer | Asked in Bankruptcy, Real Estate Law and Civil Litigation for Washington on
Q: What kind of lawyer deals with a Timeshare Bankruptcy resulting in a lawsuit. Real Estate? Litigation?
Timothy Denison
Timothy Denison
answered on May 6, 2020

Yes. Real Estate or Timeshare Purchase Companies.

1 Answer | Asked in Bankruptcy, Personal Injury and Medical Malpractice for Washington on
Q: I need an expert opinion. Do I have a good claim against the Purdue pharmaceutical bankruptcy.

Washington State, Snohomish County. Prescribed oxycodones for pain in my feet from 1997 till 1999. Became addicted to opiates been in and out of treatment, have multiple felony drug cases which I've done prison time for. Also had a child born with neonatal abstinence syndrome.

Timothy Denison
Timothy Denison
answered on Apr 13, 2020

You need to do a a malpractice attorney who will review it and then have an expert review it and the expert will tell you whether it is viable or not.

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