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356 legal questions have been posted about bankruptcy by real users. 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.
Bankruptcy Questions & Legal Answers - Page 10
Do you have any Bankruptcy questions page 10 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 356 previously answered Bankruptcy questions.
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Recent Legal Answers

Spouse Filing for Bankruptcy - What happens to "Joint in Entirety" property?

Answered 8 years and 4 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
If only one spouse files, entirety property is exempt in Michigan, except to the extent of joint debts. If there are joint debts, be careful and consult a good local attorney. Good luck.
If only one spouse files, entirety property is exempt in Michigan, except to the extent of joint debts. If there are joint debts, be careful and... Read More

Student debt filing for bankruptcy

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
She can file, but the student loan debt will not be discharged.
She can file, but the student loan debt will not be discharged.

I'm looking for a lawyer to handle a bankruptcy case in Endicott NY

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Use this site to type in bankruptcy lawyers in Endicott.  I am a member of the Northern District of New York, but not the best choice as it is a little out of my range.
Use this site to type in bankruptcy lawyers in Endicott.  I am a member of the Northern District of New York, but not the best choice as it is a... Read More

I have two bankruptcy two times before can i do it ?

Answered 8 years and 4 months ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
There is no limit to the number of times you can file bankruptcy.  There are, however, limits on when you can receive a discharge of debts in bankruptcy depending on how long it has been since your last case filing, which chapter it was, and other factors. For a complete breakdown of the timelines see https://www.bklaw.com/bankruptcy-blog/2012/11/time-between-filing-bankruptcy/... Read More
There is no limit to the number of times you can file bankruptcy.  There are, however, limits on when you can receive a discharge of debts in... Read More

I NEED TO FILE FOR BANKRUPCY

Answered 8 years and 4 months ago by attorney Hon. Max L Rosenberg   |   1 Answer   |  Legal Topics: Bankruptcy
Hello, My name is Max L. Rosenberg and I am a bankruptcy attorney. I would be happy to speak with you about your issues and explore options with you. Please feel free to look me up on the internet and review my web presence as well as the hundreds of reviews from previous bankruptcy clients. I will need more details about your life to be able to offer more advice and quote a price.  I can be reached at 203.870.6700.... Read More
Hello, My name is Max L. Rosenberg and I am a bankruptcy attorney. I would be happy to speak with you about your issues and explore options with you.... Read More

When can i take the 2nd bankruptcy course. i already filed.

Answered 8 years and 4 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
any time. The sooner the better. Good luck.
any time. The sooner the better. Good luck.

Garnishing my taxes

Answered 8 years and 4 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
all of those things are part of your State Propterty Taxes and any money due to you is a refund, which is subject to garnishment. Sorry.
all of those things are part of your State Propterty Taxes and any money due to you is a refund, which is subject to garnishment. Sorry.

Could I file for bankruptcy after this divorce is over?

Answered 8 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Your ex's attorney fees are usually not dischargeable in bankruptcy (never if the attorney knows what they're doing). Don't agree to paying your spouse's attorney fees thinking that you'll discharge them later.
Your ex's attorney fees are usually not dischargeable in bankruptcy (never if the attorney knows what they're doing). Don't agree to paying your... Read More

If I do file for bankruptcy, can we start using my husband’s credit when he turns 18?

Answered 8 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Bankruptcy will discharge your debt from the lease, including any debt which is your (former!) friend's share. To get her removed, the simplest thing is to talk with the landlord, as long as you're going to be paying the entire rent. Any debts you have can go into your credit rating and that's what mainly determines whether you can get a mortgage. Filing bankruptcy hurts your credit for the a short time but helps it long term because it allows you to get out from under debts you can't afford and build a good record.... Read More
Bankruptcy will discharge your debt from the lease, including any debt which is your (former!) friend's share. To get her removed, the simplest thing... Read More

Can SSDI and federal student loan funds be co-mingled and not be subjected to creditors?

Answered 8 years and 4 months ago by attorney Mr. Rex K. Daines   |   1 Answer   |  Legal Topics: Bankruptcy
If your lawyer really gave you that advice, he is an idiot. On the other hand, why are you commingling funds? Just keep Student loan money in one account and SS money in another account and any other money you might receive in a third account. Then you don't have to go through the hassle of tracing the money to prove it was not originally from some other source.... Read More
If your lawyer really gave you that advice, he is an idiot. On the other hand, why are you commingling funds? Just keep Student loan money in one... Read More

What should be done if my car was repossessed after we had filed chapter 13?

Answered 8 years and 4 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Ask your chapter 13 lawyer. But I think you are correct.
Ask your chapter 13 lawyer. But I think you are correct.

Can social security be garnished for a credit card debt?

Answered 8 years and 4 months ago by Patrick William Currin (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
No.
No.

Can I obtain a current check for the refunded amount?

Answered 8 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
If the trustee owes you a refund, you?ll receive it with no charges and no need to file any legal actions. Trustees are generally honest and they are supervised by the department of justice. It sounds like this is a scam of some kind.
If the trustee owes you a refund, you?ll receive it with no charges and no need to file any legal actions. Trustees are generally honest and they are... Read More

Can I get married after I filed or do I have to wait until the 90 days and get it discharged?

Answered 8 years and 4 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
You are free to marry. Good luck!
You are free to marry. Good luck!

Can I get married after I filed or do I have to wait until the 90 days and get it discharged?

Answered 8 years and 4 months ago by Daniel T. Garner (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
You can go ahead and get married. Congratulations!
You can go ahead and get married. Congratulations!

Can I sell the property with a quit claim deed and does he receive any interest?

Answered 8 years and 5 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
If the mortgage is not paid, yes the home can be foreclosed on. You can sell the property. Presumably there should be no title issues since you and your ex used a mortgage to purchase it, but if there was anything that happened after that sale, it could cause issues with the title.
If the mortgage is not paid, yes the home can be foreclosed on. You can sell the property. Presumably there should be no title issues since you and... Read More

Can we request storage fees since we have proof of trying to surrender the vehicle and what are our rights to the vehicle?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
You can't charge the lender storage fees on your vehicle. When you buy a vehicle subject to a loan, you're the owner and the lender has the RIGHT to repossess the vehicle if you don't pay the loan. However, the lender has no OBLIGATION to repossess it. As the owner, you're responsible for all the expenses of the vehicle. Since you don't want the vehicle and the lender hasn't repossessed it. You can file with the bankruptcy court to require the lender to either (1) repossess it or (2) remove their lien and give you good title. After you get good title you can sell or junk the vehicle.... Read More
You can't charge the lender storage fees on your vehicle. When you buy a vehicle subject to a loan, you're the owner and the lender has the RIGHT to... Read More

Can the bankruptcy trustee or creditors seize his back pay so he will not receive it at all?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Veterans' benefits are exempt in bankruptcy. This means that your husband's veterans' benefits can't be seized by the trustee or his creditors. Neither the current payments nor any back pay. In Ohio, even bank accounts containing funds from the veterans' benefits are exempt although it can be challenging to prove how much of the money is veterans' benefits and how much comes from non-exempt sources.... Read More
Veterans' benefits are exempt in bankruptcy. This means that your husband's veterans' benefits can't be seized by the trustee or his creditors.... Read More

small business bk

Answered 8 years and 5 months ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
If you file for your corporation, your only option to stay in business is to do a Chapter 11 case.  Corporations cannot file Chapter 13.  Whether you would file for your corporation or yourself personally depends on who has liability on the debts, and other factors. You need to have a consultation with an experienced bankruptcy attorney in your area to go over your options. I am available if you are in the Greater Los Angeles Area.... Read More
If you file for your corporation, your only option to stay in business is to do a Chapter 11 case.  Corporations cannot file Chapter 13. ... Read More

Can a creditor get a wage garnishment even if you are not an employee?

Answered 8 years and 5 months ago by Patrick William Currin (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
No, they would have to try an attach a bank account.
No, they would have to try an attach a bank account.

Can a creditor get a wage garnishment even if you are not an employee?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Pay an attorney for one hour of their advice. It can be intricate. There's not enough info here to hazard a guess.
Pay an attorney for one hour of their advice. It can be intricate. There's not enough info here to hazard a guess.

My bankruptcy attorney is asking me to find other Council because of a disagreement between me and her husband on a separate concrete job that I was

Answered 8 years and 5 months ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
And what is your question?
And what is your question?

Should I improve my chapter 7 property that hasn't been reaffirmed?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
First, you don't have a choice; all debts are included in a bankruptcy. It's not pick and chose like a restaurant menu. Second, if your house is worth more than the amount of the mortgage, selling would be no problem.
First, you don't have a choice; all debts are included in a bankruptcy. It's not pick and chose like a restaurant menu. Second, if your house is... Read More

Can I still be sued over this debt even after the final discharge and what should I do?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes, you can be sued by anyone for anything any day the courts are open. Can you be SUCCESSFULLY sued for a debt discharged in bankruptcy, no and there are penalties for attempting it. First, notify the attorney who filed the lawsuit of your bankruptcy and that the debt was included. If the attorney doesn't withdraw the lawsuit, talk to a bankruptcy attorney about sanctions.... Read More
Yes, you can be sued by anyone for anything any day the courts are open. Can you be SUCCESSFULLY sued for a debt discharged in bankruptcy, no and... Read More

Can bankruptcy take medical lien off my house if there was a medical lien placed on the home after my mother’s death?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Tricky question. Is the medical lien for health care provided to your mother? Then yes, the lien can be removed in bankruptcy as long as your equity in the house doesn't exceed $132,000. If the medical lien is for health care provided to you are a dependent, then no, it can't be removed in bankruptcy.... Read More
Tricky question. Is the medical lien for health care provided to your mother? Then yes, the lien can be removed in bankruptcy as long as your equity... Read More
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