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Washington Bankruptcy Questions & Answers
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

1 Answer | Asked in Bankruptcy for Washington on
Q: Washington State exemptions US BK a Personal Injury exemption of $16,150 is allowed. Can this be doubled filing jointly?
Andrew Bresalier
Andrew Bresalier
answered on Jan 19, 2012

It can be doubled only if the funds were awarded to both husband and wife.

1 Answer | Asked in Bankruptcy for Washington on
Q: What if your landlord is hiding assets and wants you to go along with it
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

Bankruptcy Fraud is a Federal Offense, which can result in serious prison time and or files. This may place you in an uncomfortable position, but you should be upfront, nonconfrontational, and tell him, in a friendly, but direct manner, "sorry, but I cannot do this". If he continues to... View More

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