Indiana Bankruptcy Legal Questions

There is usually a standard fee that lawyers charge to file a chapter 7 case.  They might have just one standard fee for most cases, or several fees for cases with different levels of complexity.  The fees will be challenged by the US Trustee's office if they exceed the normal range of fees in a particular district.  Because the fees must be paid before the case is filed, they are almost always charged at a standard rate.  The exception to this would be where there is a lot of work before hand that needs to be done before the case is filed, such as reviewing trust agreements, taking actions which legally protect assets, etc.  But other than that, they are pretty much set.  The way they are set is the amount of work that must be done.  There is more to filing for bankruptcy than filling out some forms.  In fact, that is really the least of the work.  It is making sure everything is correct, that there is no exposure to liability, that they do not raise questions, that chapter 7 is appropriate, etc.  It also involves figuring out not only when, but if, chapter 7 should be filed.  Having said that, check around on what people charge. Don't be bashful.  I am certain firm you call is familiar with being asked what it will cost.  Be prepared to tell how much you earn, what the household income is, the number of people in the household.  What basic assets you have (car, house, etc., and how much value you have in those items over the amount you owe on them, and whether you alone need protection, or if your spouse does too).  Ask around.  People who are recruited to answer on this forum, members of the AMerican Bankruptcy Institute, members of the bankruptcy section of your local bar association, are all more likely to do a good job than someone who just advertises on late night t.v. (not to say that those people may not be good, just, that is not in and of itself a reason to hire them).  Also, keep in mind that there are "out of pocket" expenses in addition to the fees.  These are the filing fee paid to the Court (currently $306), the cost of obtaining credit reports on you, and the cost of two classes you must take, Those expenses can be well over $400 in total. Some firms include those cost when the quote a fee, others do not.  Just make sure you are comparing apples with apples, not apples and oranges.  Good luck. It is not an easy thing to be forced to file, but it is not the end of the world.  You will be much happier and less stressed soon!... Read Answer

How he described your "case" on the bankruptcy papers is irrelevant.  The fact is he owes you money on a judgment, and he filed bankruptcy.  You don't indicate which Chapter was filed, or other relevant facts, so it's difficult to fully advise you, but basically you should have received a Notice of bankruptcy which lists the deadline dates for you to object to the discharge of your debt. Certain debts are not dischargeable, such as those incurred through fraud, driving while intoxicated, etc.  You don't indicate what the basis of your judgment was, so I can't opine on whether or not you have any grounds to object.  But you should probably consult with a bankruptcy attorney in the location where the bankruptcy case was filed. If he filed a Chapter 13 case, you should also file a proof of claim so you can share in whatever distribution is being made to creditors.   If he filed a Chapter 7 case, unless he has a lot of assets, chances are you will not receive anything. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

Yes, you can, assuming you meet the eligibility requirements of whatever chapter you're filing, and that depends in part on what bankruptcy chapter you filed previously and what happened in that case.  You have not provided enough information to answer your question. If your case was a Chapter 7 case, then you can probably file a Chapter 13 case now, but would have to wait another year to do another Chapter 7 case. Please resubmit and provide the following: 1.  Date your prior case was filed. 2.  Chapter it was filed under. 3.  Was a discharge granted?  4.  If under Chapter 13, what percentage of debts were repaid? Mark J. Markus, Attorney at LawHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter: @bklawr ... Read Answer

Getting married really has no impact on bankruptcy if you and your future spouse are already living together. If you're gone a file chapter 7 Bankruptcy or chapter 13 bankruptcy if you are married are not has no bearing on the subject. If you do live within the same household, your future spouse's income will be taken into consideration within your bankruptcy petition, but it will not affect your future spouse. Being married really isn't a concern in bankruptcy it if your filing jointly or if you live within the same household, because bankruptcy court considers wage earners in the same household together within a chapter 7 bankruptcy means test. So if you already live together, don't let bankruptcy being concerned pertaining to your wedding plans. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

Whether you can keep your home depends on a number of factors, including which bankruptcy chapter you file, the value of the home, amount owed against it, whether you are current with the payments on it, as well as the value of all your other assets and what exemptions you have available under applicable law. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections. Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. You need to consult with a bankruptcy attorney in your area and provide them with the necessary information to properly answer your questions. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter: @bklawr Answered on Feb 09, 2012 at 2:08 PM  ... Read Answer

You can file any bankruptcy chapter that you are eligible for.  I believe the question you meant to ask is whether or not these particular debts are dischargeable in a bankruptcy case.  The answer to that depends on more specific information on those debts.   Were you intoxicated while driving your vehicle, or did you cause the wreck intentionally?  If so, then it is likely not dischargeable.  Otherwise, it probably is.  As for your other "bills", I don't have sufficient information to assess whether or not they are dischargeable. In general debts are dischargeable unless they are specifically excepted from discharge in the Bankruptcy Code.  Examples of such debts are those incurred through fraud, larceny, domestic support obligations, certain taxes, student loans, intentional injury, etc. You need to consult with a bankruptcy attorney in your area for more details. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

When your prior case was discharged is irrelevant.  You can file a Chapter 13 case any time.  The issue is whether you can receive a discharge of debts in a new Chapter 13 case, and the answer to that is yes, if your new Chapter 13 case is filed more than 4 years after the date your prior Chapter 7 case was filed. I don't have sufficient facts to more specifically answer your question.   Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

Your bankruptcy will get rid of whatever dischargeable debt you have, which obviously includes any joint debt.  Certain debts are not dischargeable in bankruptcy, such as domestic support obligations or, in certain situations, debts owed as part of a divorce, such as marital equalization payments.  So, obviously what you can get rid of depends on what types of debts you owe on the date your case is filed.   Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

There is no Bankruptcy filing called a hardship discharge. What you are seeking is a Chapter 7 Bankruptcy Filing, you would not be eligible for a Chapter 13 Bankruptcy filing, as you no longer have steady income. If your total combined household income is below the state median or if you pass the Bankruptcy Means Test, then you will qualify for Chapter 7 Bankruptcy. If you are the sole income source for your household, you certainly will qualify. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email responses do not form an attorney-client relationship. In the event that you would like to enter into an attorney-client relationship with me, please call 888-269-0688 to make an appointment.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Lawwww.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 TwitterFacebook  ... Read Answer

You need to think of it like this to better understand the situation. Obviously, the repayment cannot be determined accurately until documents are provided (pay advices, budget, etc.). The lawyer has to put work into the case to determine this payment. Your decision not to go forward has nothing to do with the lawyer's work in calculating and drafting the paperwork, so he is certainly entitled to the earned fees. Without documentation and information regarding equity, assets and income, it is quite difficult to nail down an absolute number at the initial consultation.... Read Answer

You can discharge the debt in a Chapter 7 case, but the lien will remain against your property.  So, if your property is sold at foreclosure or short sale and you owe a deficiency after the sale, you would not need to pay anything further if it is discharged in bankruptcy. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read Answer

social security funds are exempt from collection by creditors (except for the IRS), so as long as the only funds in your bank account are from social security, they are protected.  That doesn't mean that a creditor isn't going to TRY and get it.   You should talk with your bank manager about how to ensure something like that doesn't happen accidentally.   Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read Answer

Certain information should not be included in a bankruptcy filing, such as social security number, the names of minor children, etc. When this information is given to the court, it is filed either as "redacted" with the information blackened or whitened out, or given separately to the court so it is not part of the information that is available to public inspection.... Read Answer

Most debts incurred in life simply don't vanish upon death. After funeral expenses, homestead & exempt property allowances, and family allowances are paid out the deceased person's estate first, creditors then can seek to collect monies owed from the "net estate," but this is so long as that property is not jointly owned by the decedent & another person. Common examples of joint assets shielded from creditors include joint bank accounts and real property held by joint tenancy. Arizona's community property laws are also implicated here. Qualified estate planning and consumer debt counsel can help you tailor a will and trust to protect your hard-earned assets and your loved ones from relentless creditors or third party collectors. Do not delay.... Read Answer

You should not have to re-open a bankruptcy case to "include" an omitted creditor if deadline was not established for filing proofs of claim in your case. If your case was a typical "no assets" case, no claim filing deadline would have been set.  The claim of an omitted creditor is discharged if the creditor receives notice in time to file a proof of claim.  If there is no claim filing deadline, the deadline will not have been missed, so anytime the creditor receives notice, is soon enough.  In a recent case in Indiana, In re Mathlon, the debtor wanted to reopen a case so the debtor could obtain a discharge of indebtedness owed to an omitted creditor. The Court noted that since the Chapter 7 Trustee had filed a "no asset report," the indebtedness of the omitted creditor had been discharged, because no claim filing date had ever been established in this case. Therefore the Court held that there was no need to reopen the case in discharge the debt owed to the omitted creditor, and thereof the Court would not even consider the Application to Reopen. [An exception to all of this is where the debt is based on a claim of fraud, larceny, malicious injury, etc., that could have been objected to in the bankruptcy case under sections 523(a)(2),(4) or(6).]... Read Answer