Lawyers, Answer Questions  & Get Points Log In
Washington Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Washington on
Q: I’m looking into filing bankruptcy. I would like to learn about the process and types of bankruptcy.

I have a car loan-the car is my only method of transportation. I have some furniture in storage and some small electronics (computer, iPad). Do I lose those ?

Gordon Charles Webb
PREMIUM
Gordon Charles Webb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2018

The simple answer is no, if the value of your assets fall within the allowable exemptions then you do not lose those belongings. However, bankruptcy is complex thus you should consult with an experienced attorney for a complete evaluation.

View More Answers

2 Answers | Asked in Bankruptcy for Washington on
Q: Will I lose my house if I file for bankruptcy? I still owe on the mortgage.
Timothy Denison
Timothy Denison
answered on Jun 18, 2018

Many factors go into answering your question, such as value of house, amount owed on mortgage, equity in house, your income, plus chapter filing type. Consult a local bankruptcy attorney who can help you plan and execute the right decision for you.

View More Answers

1 Answer | Asked in Bankruptcy for Washington on
Q: I am unsure about what is my best course of action is in my unusual situation(Bankruptcy, Debt consolidation, etc.

$38k in CC’s, LoC’s, and medical bills. I am on SSDi and gross $1238 a month($1106 after Medical) & I just recently acquired two pieces of raw land in California; One in particular I would someday like to live on. I live with family and pay no rent. I can not afford to not live with family... View More

Timothy Denison
Timothy Denison
answered on May 31, 2018

You need to consult with a local bankruptcy attorney who can analyze your situation and give you your options so you can lot the best course.

2 Answers | Asked in Bankruptcy for Washington on
Q: Am I allowed to keep any of my property if I file a Chapter 7 bankruptcy in Washington State?
Timothy Denison
Timothy Denison
answered on May 27, 2018

Yes. You are able to protect some property using your Federal or state exemptions. Consult a lawyer locally who can help you determine which chapter is right for you.

View More Answers

2 Answers | Asked in Bankruptcy for Washington on
Q: Am I allowed to keep any of my property if I file a Chapter 7 bankruptcy in Washington State?
Gordon Charles Webb
PREMIUM
Gordon Charles Webb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2018

Yes both real and personal property as long as fair market value and equity within the applicable exemptions.

View More Answers

1 Answer | Asked in Bankruptcy for Washington on
Q: I'm financing a car & filing for Chap. 7. The people I sold my prev car to never transferred ownership. What can I do?

I paid off a car about 4 years ago, and ended up selling it. I wrote out a bill of sale, but the people that bought it, did not transfer ownership. Now I need to file for Chapter 7, and I'm financing a vehicle. I don't want it to mess with my bankruptcy, or my car. What can I do?

Timothy Denison
Timothy Denison
answered on Apr 24, 2018

Just list it as an asset and indicate you surrendered it. Won’t affect you at all. The trustee can decide what to do with it. But be absolutely sure you list that car bc it is still in your name.

2 Answers | Asked in Bankruptcy for Washington on
Q: What is an example of a non-exempt asset in a Chapter 7 bankruptcy?
Timothy Denison
Timothy Denison
answered on Apr 23, 2018

An example would be s large personal injury settlement, the amount of which exceeds your available exemptions to protect.

View More Answers

3 Answers | Asked in Bankruptcy for Washington on
Q: How long do you have to wait to file for bankruptcy if you filed September 2011. I am now on disability
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 11, 2018

2019 for a chapter 7,and you could file for a Chapter 13 already. Talk to counsel in your state please.

View More Answers

2 Answers | Asked in Bankruptcy for Washington on
Q: How long does the bankruptcy process usually take for chapter 7?
Gordon Charles Webb
PREMIUM
Gordon Charles Webb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2018

Typically 90 -110 days from date of filing to discharge.

View More Answers

1 Answer | Asked in Bankruptcy for Washington on
Q: if i have an insurance company that has charged me with a no insurance accident and have suspended my license until i

pay $3200 before they will allow me to re-instate my license, will a bk take this away? and if so, how long would it take to get that off my record so i can get my drivers license back? thank you

Leon Bayer
Leon Bayer
answered on Oct 4, 2017

If the debt is discharged in bankruptcy the no-insurance restriction will be lifted and you should be able to get your licenses reinstated. The BK process normally takes about 3+ months.

For the amount of money involved, you should look for a different way of resolving this. If this is your...
View More

1 Answer | Asked in Foreclosure, Real Estate Law and Bankruptcy for Washington on
Q: Can I file ch 13 or 7 during foreclosure on a reverse mortgage? Mediation is in 2 days, trustee sale is in 4.

My mom was prey to a predatory loan. Shortly after her husband of 35 years passed, she was talked into a reverse mortgage, and told she wouldn't have to worry about anything. When I came into the picture, they had paid for 3 years. I tried to get her exempt from property taxes every 6... View More

Nels Hansen
Nels Hansen
answered on Feb 2, 2017

You need to contact a local bankruptcy attorney and schedule a consultation as soon as possible. If you are facing foreclosure and if it is appropriate you want to file the bankruptcy before the foreclosure sale. Once the foreclosure sale takes place your options will be limited if not gone... View More

1 Answer | Asked in Bankruptcy for Washington on
Q: When does the 60 months start in chapter 13 bk? Is it from petition filing, plan filing or first payment. In WA

I've tried getting a hold of my lawyer and he doesn't e-mail or return calls. My petition file date is 10/26/2010. My first payment was made two weeks later. Nov, 2010. The plan was filed on 2/2011. When does the 60 month countdown begin? Petition filing, first payment or plan filing... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 6, 2015

You might want to look it up in Chapter 13 of the Bankruptcy Code (available online). It should also say in the plan.

But in any rate, the answer is that the 60 months (or it can be a shorter period) is from the date of the filing of the plan plus no more than 30 days. See...
View More

1 Answer | Asked in Bankruptcy for Washington on
Q: If my husband and I have filed a chapter 13 bankruptcy, can one of us transfer it to a chapter 7 without the other?

It has been less than 2 years since we filed the chapter 13. We separated and starting paperwork to divorce. One of us wants to file a chapter 7, can one of us do this without the other? If so, what happens to the balance being paid on the chapter 13?

Robert Gambrell
Robert Gambrell
answered on Jun 18, 2015

Yes, but first a motion to divide the case or deconsolidate the case must be filed and additional court cost must be paid. One of you will receive a new case number and then either of you can file a motion to convert the case.

1 Answer | Asked in Bankruptcy for Washington on
Q: Can an individual still be taken to small claims court by another individual if filing for bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 18, 2014

A: If the underlying claim arose prior to the filing of the Bky, you should include the claim in the Bky and file a Suggestion of Bankruptcy in the Small Claims Case. If the underlying claim arose after the filing of Bky, you still owe it.

1 Answer | Asked in Bankruptcy for Washington on
Q: Is a personal injury settlement exempt from Chapter 7 bankruptcy in the State of Washington?

I filled chapter 7 with my spouse and the 341 hearing is tomorrow. My personal injury case is not settled yet. Is it correct that, under both federal and Washington State exemptions, that a personal injury settlement is exempt up to $21,000?

Andrew Bresalier
Andrew Bresalier
answered on Feb 18, 2014

A: Generally, if a Defendant in a PI case files for Bky, the Plaintiff files a Motion for Relief from Stay, so they can proceed against the Insurance Company; however, if the accident was relating to a DUI, the matter will not be discharged.

1 Answer | Asked in Bankruptcy for Washington on
Q: I want to voluntarily dismiss original ch 13 case dismissed. I am in West Dist WA. What is the procedure?
Andrew Bresalier
Andrew Bresalier
answered on Feb 18, 2014

A: Easiest and cheapest way is just to stop making your Plan payments, and the Trustee will do it for you. Alternatively, you can file a Motion to Dismiss. Either way will require a hearing and the dismissal will be with Prejudice – you will be not be permitted to refile for at least six months.

1 Answer | Asked in Bankruptcy for Washington on
Q: How long does it take a entry judgment to be completed?
Andrew Bresalier
Andrew Bresalier
answered on Feb 18, 2014

A: Depends on how the matter was handled, i.e. Default, Summary Judgment, Trial, etc. After that, is depends on the diligence of the Plaintiff’s Attorney and the backlog at the Clerk of the Court.

1 Answer | Asked in Bankruptcy for Washington on
Q: How would i go about filing for medical backruptcy
Andrew Bresalier
Andrew Bresalier
answered on Feb 18, 2014

A: There is no such distinction. When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

1 Answer | Asked in Bankruptcy for Washington on
Q: Can you include a mortgage on bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 18, 2014

A: When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

1 Answer | Asked in Bankruptcy for Washington on
Q: How can I look to see if a business is in bankruptcy
Andrew Bresalier
Andrew Bresalier
answered on Aug 17, 2012

If it was after 2005, you can obtain info regarding the case from PACER. This is a free govt service, as long as you use less than $10 of services in a calender quarter. Just sign up, and then do a query at the PACER website, in the jurisdiction where they were incorporated, where their assets... 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.