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Washington Bankruptcy Legal Questions

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98 legal questions have been posted about bankruptcy by real users in Washington. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Washington Bankruptcy Questions & Legal Answers
Do you have any Washington Bankruptcy questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 98 previously answered Washington Bankruptcy questions.
Bankruptcy
Washington

Recent Legal Answers

I file for bankruptcy 9 years ago but I didn't not include my car or my mortgage. I paid off my car and got the title. Do I have to reafirm my mortgag

Answered 4 years and 9 months ago by William P. Turner (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
No, you do not need to reaffirm your mortgage, and yes it is probably too late to reaffirm it now.  You still own the home, and there is still a mortgage on the home.  All the mortgage means is you must continue to make the mortgage payments to keep the home.  You can sell or refinance the home at any time.  Your nine year old bankruptcy is likely irrlelevant to your credit by now.... Read More
No, you do not need to reaffirm your mortgage, and yes it is probably too late to reaffirm it now.  You still own the home, and there is still a... Read More

My boyfriend is filing chapter 13 and they want my signatures and 6mo paystubs.. why?

Answered 6 years and 11 months ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
You are under no legal obligation to provide any of that information or documentation.  However, doing so does not create any obligations to you.  Your boyfriend is required by the bankruptcy court to disclose the amounts you contribute towards the household expenses.  This should NOT require disclosure of your income or require you to sign any documents.  This may be some specific requirement they have in Washington of which I'm not aware.    It's not going to hurt you to provide the documents, but I do not think your boyfriend is required to provide all that. Make sure he's using a qualified and experienced bankruptcy attorney in his case.    ... Read More
You are under no legal obligation to provide any of that information or documentation.  However, doing so does not create any obligations to... Read More

Is my ex-husband responsible for credit card debt if he is listed as an authorized user on the account?

Answered 8 years and 8 months ago by Marc S Stern (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
As a general rule, no. There are exceptions.
As a general rule, no. There are exceptions.

Are 401K's, IRA's, and Stocks exempt from bankruptcy liquidation?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Money in tax exempt retirement, like a 401(k) or an IRA are exempt from bankruptcy liquidation. Stocks (unless they are in a tax exempt plan) are not exempt from liquidation.
Money in tax exempt retirement, like a 401(k) or an IRA are exempt from bankruptcy liquidation. Stocks (unless they are in a tax exempt plan) are not... Read More

Do I still need an attorney if I'm in a Chapter 13 bankruptcy case now where I am currently making payments and if so, what for?

Answered 8 years and 10 months ago by Charles J Schneider (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
To manage the case and because there are documents which have to be filed at the end of the case to receive a discharge.
To manage the case and because there are documents which have to be filed at the end of the case to receive a discharge.

Do I still need an attorney if I'm in a Chapter 13 bankruptcy case now where I am currently making payments and if so, what for?

Answered 8 years and 10 months ago by attorney Stuart M. Nachbar   |   5 Answers   |  Legal Topics: Bankruptcy
I recommend keeping your counsel. There are further documents that need to be filed and your counsel should be reviewing the Docket for Proof of Claim, making sure no other Motions are filed and a litany of other functions.
I recommend keeping your counsel. There are further documents that need to be filed and your counsel should be reviewing the Docket for Proof of... Read More

What are my rights when sued without knowledge of it?

Answered 8 years and 11 months ago by Kirk David Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
The judgment is most likely void. You need to contact an attorney to help you vacate the judgment. Once it is vacated, the debt collector will need to properly serve you before they can proceed with the lawsuit. Unfortunately, this is not an uncommon occurrence.
The judgment is most likely void. You need to contact an attorney to help you vacate the judgment. Once it is vacated, the debt collector will need... Read More

Will creditors take the money from social security for the second mortgage?

Answered 9 years ago by Mr. John M Abramson (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Social security is generally exempt. You probably had the monthly check sent automatically to the bank. You must explain to social security and the bank the circumstances and point out the transfer/ automatic deposit on your bank statements. Sit down with the officer at the bank and he should be able to assure you the social security deposits will not be taken by the bank.... Read More
Social security is generally exempt. You probably had the monthly check sent automatically to the bank. You must explain to social security and the... Read More

If I file bankruptcy due to over extended credit, can the condo and money in accounts be affected?

Answered 9 years and 4 months ago by Richard N. Gonzales (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Maybe, but it depends. I have about 50 questions to ask you before I can render an opinion.
Maybe, but it depends. I have about 50 questions to ask you before I can render an opinion.

If I file chapter 13 to include unsecured debt and auto loan, do I still owe monies on the unsecured debt and auto loan after repayment is completed?

Answered 9 years and 5 months ago by attorney Mr. Rex K. Daines   |   11 Answers   |  Legal Topics: Bankruptcy
No. The judge is going to approve a chapter 13 plan based on your income and assets. Once you have completed the chapter 13 as it was approved, any unpaid debts are eliminated at that time and you will owe nothing more on those debts.
No. The judge is going to approve a chapter 13 plan based on your income and assets. Once you have completed the chapter 13 as it was approved, any... Read More

Can I get my name taken off the stock, or my mother just cashes it out without any ramifications?

Answered 9 years and 5 months ago by attorney Mr. Rex K. Daines   |   6 Answers   |  Legal Topics: Bankruptcy
It depends on whose money it is. The correct way to have done it is for your mom to set up a trust, but that did not happen and now the transaction looks like it was a gift from your mom and the court-appointed trustee will want to take most of that money to pay your debts. You need to discuss this with an experienced bankruptcy attorney. There is too much at risk to try to do this on your own or with an inexperienced attorney.... Read More
It depends on whose money it is. The correct way to have done it is for your mom to set up a trust, but that did not happen and now the transaction... Read More

What should I do if I just checked my credit report and it looks like no discharge papers have been filed?

Answered 9 years and 6 months ago by Robert Martin Louque, Jr (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
If you filed a Chapter 13 bankruptcy in 2014 your case is not discharged unless all your debt is paid off 100%. Your attorney is not responsible for reporting a discharge to the credit bureaus. That information is usually updated from the public records.
If you filed a Chapter 13 bankruptcy in 2014 your case is not discharged unless all your debt is paid off 100%. Your attorney is not responsible... Read More

Will his bankruptcy or divorce from his wife affect my ownership if both of our names are listed as owners?

Answered 9 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
You should consider having a life estate with the remainder going to your son. Otherwise the bankruptcy court could sell your house.
You should consider having a life estate with the remainder going to your son. Otherwise the bankruptcy court could sell your house.

What can I do if my Chapter 7 was discharged which includes my student loan debt but loan company says it isn’t?

Answered 9 years and 7 months ago by Patrick William Currin (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Student loans are not dischargeable in bankruptcy in the vast majority of cases. Hopefully that was not a main reason for your filing. It is proper to list the debt in your schedules, but that does not alter the nature of the debt. It was not necessary for them them to show up at any point. This is another illustration of why it is important to consult an experienced bankruptcy attorney before you file.... Read More
Student loans are not dischargeable in bankruptcy in the vast majority of cases. Hopefully that was not a main reason for your filing. It is proper... Read More

Can I refile for chapter 7 after being denied?

Answered 9 years and 9 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Unless the court order dismissing the case specifically provided that refiling was prohibited, it is likely your wife could file again. But a better option would be to ask that the court reconsider the dismissal of the first case and allow it to proceed.
Unless the court order dismissing the case specifically provided that refiling was prohibited, it is likely your wife could file again. But a better... Read More

Does my spouse still have to give the last 6 months of income, even if she is not filing for bankruptcy?

Answered 9 years and 10 months ago by Philip Rory Boardman (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Yes. The bankruptcy process requires full disclosure of the entire household income. When married that means the spouse's income must be divulged as well.
Yes. The bankruptcy process requires full disclosure of the entire household income. When married that means the spouse's income must be divulged... Read More

Can I rent the house to someone if it was discharged in a bankruptcy and the bank has done nothing yet?

Answered 10 years and 4 months ago by Richard N. Gonzales (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

Can we cash in insurance checks mistakenly issued?

Answered 10 years and 4 months ago by Richard N. Gonzales (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
No. Return the checks.
No. Return the checks.

Can my phone bill and credit card debts be cleared by bankruptcy?

Answered 10 years and 5 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Bankruptcy
Seems bankruptcy is a good option for you.
Seems bankruptcy is a good option for you.

If private student loans go into default and are now handled by third party collection agencies, could I file for bankruptcy?

Answered 10 years and 5 months ago by Derek W. Freeman (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Whether you can file for bankruptcy depends on your income, not on the nature of your debts. However, not all debts are dischargeable in a bankruptcy. Some are not dischargeable in a chapter 7 but are dischargeable in a chapter 13. In your case, however, student loans are not dischargeable in either chapter 7 or 13 except in rare circumstances. The fact that your loans have been sold to a collection agency does not change the fact that they were incurred for educational purposes. So they will not be dischargeable except in those rare circumstances I mentioned. You should talk with an attorney to learn more.... Read More
Whether you can file for bankruptcy depends on your income, not on the nature of your debts. However, not all debts are dischargeable in a ... Read More

Can I sell my house prior to a chapter 7 bankruptcy discharge?

Answered 10 years and 6 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
You can sell your house prior to your Chapter 7 discharge, but to do so you will need trustee permission and a court order. And even if you wait to receive your discharge, you will still need trustee permission and a court order if your case is open for administrative purposes.
You can sell your house prior to your Chapter 7 discharge, but to do so you will need trustee permission and a court order. And even if you wait to... Read More

Do we need the trustee to sign off?

Answered 10 years and 6 months ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Your attorney is correct.
Your attorney is correct.

How could I get my ex wife to quit claim after she's filed bankruptcy?

Answered 10 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
You can't force your wife to quit claim the property or to accept the short sale. Usually, it is in a person's best interests to quit claim and avoid having a foreclosure case on her credit report but common sense is an uncommon commodity. If may be necessary for the trustee to approve any quit claim or short sale depending on the terms of her Chapter 13 plan.... Read More
You can't force your wife to quit claim the property or to accept the short sale. Usually, it is in a person's best interests to quit claim and... Read More

Can a collector garnish my wages for a Toyota lease I terminated a year ago? How?

Answered 10 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Is there a court judgment against you and your spouse? Because without a court judgment, no creditor is going to be able to do anything. People are sued everyday for vehicle deficiencies, and the fact that you turned in the vehicle voluntarily does not get you any points when it comes to collecting.... Read More
Is there a court judgment against you and your spouse? Because without a court judgment, no creditor is going to be able to do anything. People are... Read More

Will filing bankruptcy prevent my license from being suspended after being in a accident with no insurance?

Answered 10 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
That would be a yes.
That would be a yes.
Bankruptcy
Washington

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