Theresa C. Homady’s Answers

Theresa C. Homady

Ebensburg Chapter 7 Bankruptcy Attorney.

Contributor Level 7
  1. How long after I and my soon to be ex-wife file the chapter 7 bankruptcy can i finalize my divorce from her?

    Answered about 5 years ago.

    1. Theresa C. Homady
    2. Stephen J. O'Brien
    2 lawyer answers

    The answer to this will depend on whether there are assets that need to be distributed in the divorce. If this is just a divorce, with no equitable distribution claims (property claims), then you could probably finalize the divorce after the bankruptcy is filed but before it discharged. However, if there is property to be distributed or questions of alimony, then you cannot pursue the divorce action while in bankruptcy.

    1 person marked this answer as helpful

  2. What do mortgage lenders look at when homeowner is filing Chapter 13 and is in arrears? How do you get them to reaffirm?

    Answered over 5 years ago.

    1. Theresa C. Homady
    2. Stephen M. Dunne
    2 lawyer answers

    Generally speaking, you do not want to reaffirm a mortgage in your bankruptcy case. Filing a Chapter 13 bankruptcy will allow you to propose a plan to help you catch up on your mortgage payments, as well as continue to make your regular monthly mortgage payments. Your plan will be for no less than 36 months and no more than 60 months, and usually the missed payments are added together and divided by the number of months in your proposed plan. For instance, if you are $5000 behind and you...

    1 person marked this answer as helpful

  3. My chapter 7 was discharged 3 years ago and unemployment said that i owed 3000 and it was my fault they said and i put them in

    Answered almost 4 years ago.

    1. Theodore Lyons Araujo
    2. Theresa C. Homady
    3. Guy Thomas Conti
    3 lawyer answers

    The overpayment of unemployment is generally dischargeable. If you make a claim for unemployment sometime in the future, they may try to set off the overpayment against that claim, but that can be challenged. You should contact your bankruptcy attorney or an attorney who does bankruptcy to contact the unemployment office and provide documentation of the bankruptcy, the fact that they were listed and, if not listed, the attorney can write a letter indicating the debt is discharged if this was...

  4. Filed a 13 in 02 made a 7, discharged in 03. filed 13 again in 08 it was dismissed, tried a 7 trustee said it would dismissed

    Answered over 5 years ago.

    1. Theresa C. Homady
    1 lawyer answer

    Since your Chapter 7 was filed more than 4 years ago, and your last Chapter 13 was dismissed without receiving a discharge, you could convert your present Chapter 7 to a Chapter 13. If your Chapter 7 has already been dismissed, depending on when in 2002 your Chapter 7 was, you could refile in 2010, after 8 years have passed since the filing of the first Chapter 7. The 8 years runs from date of filing to date of filing.

  5. Do I need a lawyer for filing ch 13,

    Answered almost 4 years ago.

    1. Mohammad Ahmed Faruqui
    2. Adam Brooks Arnold
    3. John-Paul LaPre
    4. Theresa C. Homady
    5. Dorothy G Bunce
    5 lawyer answers

    I suppose you could file a Chapter 13 for yourself or have a paralegal do it, but that is really a bad idea. The person who told you the results would be the same is no friend. Chapter 13 cases present challenges that just cannot be handled by a paralegal who cannot even go into court with you. Their sole role would be as a petition preparer. You wouldn't trust your life in the hands of your doctor's secretary or your car repairs to the kid who pumps gas, so why would you trust your...

  6. I filed and recvd a disch Chptr 7 in 2003. I filed Chptr 13 in 2006 and intentionally dismissed this month.

    Answered almost 4 years ago.

    1. Rand Edmund Zumwalt
    2. Adam Brooks Arnold
    3. Theresa C. Homady
    3 lawyer answers

    Your eligibility for a new Chapter 7 would be 8 years from the date the first Chapter 7 was filed. The intervening Chapter 13 does not prevent that 8 years from running. However, if your 13 was dismissed for certain reasons, the court may have imposed a 180 bar to refiling, so check the dismissal order. The second thing you should know is that a motion will have to be filed to reinstitute your stay in the new Chapter 7 case, or it will expire 30 days after you file, which could have an...

  7. What happens to the real estate that was included in the discharged Ch 7 bankruptcy? What will this look like on credit report?

    Answered about 5 years ago.

    1. William C Wood
    2. Theresa C. Homady
    2 lawyer answers

    If you did not reaffirm the mortgage debt during your Chapter 7 bankruptcy, your personal liability on the loan was discharged in your bankruptcy case. The lender can foreclose on the property, but cannot seek a deficiency judgment or costs against you as a result of the foreclosure action or a later deficiency if the lender sells the property for less than you owe. The Chapter 7 bankruptcy discharges your personal liability on all debts, even ones that are secured by property, so the lender...

  8. What happens to the deeds of the properties after the chapter 7 discharged? Can I file Ch13 on property that was retaine

    Answered about 5 years ago.

    1. Theresa C. Homady
    1 lawyer answer

    Generally, as long as you have not reaffirmed the Deed of Trust/Mortgage on this property in your bankruptcy, you can surrender it to the lender by signing a deed in lieu of foreclosure or allowing the bank to foreclose. Without the reaffirmation, you will have no personal liability relative to a deficiency if the bank sells the property for less than you owe on it, or for the costs of the foreclosure. However, if you did reaffirm, then that gives you personal liability again on the debt....

  9. Hi

    Answered about 5 years ago.

    1. Theresa C. Homady
    1 lawyer answer

    The creditors you discharged in bankruptcy can still appear on the credit report but must have a notation that there is a zero balance and the debt was discharged in bankrutpcy. They are not allowed to report a balance due after the bankruptcy discharge. You can dispute this with the credit reporting agency, and must send all information to them to support your position. They have 30 days to verify the information with the credit and let you know whether the trade line will be changed. If...

  10. I got a summary statement for my chapter 7 discharge. I have a question about a reaffirmation agreement that i signed.

    Answered over 5 years ago.

    1. Theresa C. Homady
    1 lawyer answer

    While I do not practice in your state, the general law is that you can revoke your reaffirmation any time before discharge and still surrender your vehicle. In this case, it looks like your judge has not approved your reaffirmation yet, so you can file a notice that you revoke and get all the protection of your Chapter 7 bankruptcy when you surrender the vehicle.