Stephen M. Dunne's Answers

Bankruptcy chapter 7 median income

Maybe. It depends on your special circumstances. A good bankruptcy attorney will evaluate your unique circumstances to determine if you are eligible to file chapter 7 bankruptcy even though your income exceeds the Pennsylvania median income. I had a recent client that was $10,000 over the PA median income and he was still eligible to file chapter 7 bankruptcy because he had special circumstances. The means test should not be looked at as pass or fail because a great many people are...

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Chapter 13?

In short, you will go to jail. Bankruptcy fraud is committed when individuals conceal and misstate assets during a bankruptcy proceeding. Bankruptcy laws can be found in Title 11 of the U.S. Code. Criminal sanctions can be found in Title 18 of the U.S. Code, Section 152 and Section 157.

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Bankruptcy? Tax return?

Generally speaking, Chapter 7 debtors often receive their tax refund as long as they remember to utilize the federal exemptions on Schedule B/Schedule C of the bankruptcy petition whereas Chapter 13 debtors often have to remit a large part of the tax refund to the Chapter 13 Trustee. This is the general rule and there are certainly many exceptions for each case. Consult with a bankruptcy attorney and he/she will be able to protect your assets.

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Bankruptcy and Tax refunds?

The short answer is YES but with the right pre bankruptcy counseling you may be able to save a large portion of your tax refund. I think Avvo is a great place for Chapter 7 debtors to attempt to file a case pro se (by themselves) but I do not think it is advisable for a Chapter 13 debtor to do so. In all likelihood, the case that you are filing will be dismissed due to a missed deadline or some sort of administrative misstep before confirmation or during the 3-5 years of the plan. I highly...

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Pennsylvania Chapter 7 Bankruptcy - Personal Savings Exemption

The following list of federal bankruptcy exemptions will answer your question. Also, no need to worry about your 401k unless it exceeds $1,171,650.00. The federal bankruptcy exemptions were last adjusted in 2010. If you are married and filing jointly, you may double ALL of the federal bankruptcy exemptions. For example, you may claim a homestead exemption of $43,250 (which is double the listed homestead exemption amount of $21,625). 522(d)(1) - Real property up to $21,625. 522(...

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IS IT LIKELY THAT MY CREDIT UNION WILL ACCEPT A REAFFIRM ON MY CHAP 7 AND DOES THE REAFFIRM ALLOW FOR A PERCENT OF THE BALANCE

I would suggest that you consult a local bankruptcy attorney on a reaffirmation issue, even if you decide to file the case pro se. There are a great deal of traps for the unwary in this area of bankruptcy law and a thoughtful discussion would be well worth your while as you cannot UNDO the reaffirmation once it is signed.

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Chapter 13

Here is a link that briefly describes the federal exemptions in a bankruptcy case. http://thephiladelphiabankruptcyattorney.com/bankruptcy-law/what-property-can-i-keep-in-bankruptcy/ I highly recommend that you hire a bankruptcy attorney to help with your bankruptcy petition but if you decide to attempt to file a case pro se be sure to list all your property on Schedule B and exempt all your property on Schedule C. Failure to list your property on Schedule B and exempt your property on...

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If credit card co. gets a default judgment because you didn't defend, can they put a lien on your home or checking account?

With a judgment, the creditor has a legal right to obtain an execution order in order to file a lien against your home. That means that you would have to pay the lien before you can sell, refinance or obtain an equity loan. Regarding wage garnishment, there are only four states that do not allow wage garnishment for credit card debt, they are North and South Carolina, Pennsylvania and Texas. Take care and good luck. Stephen M. Dunne, Esq. Dunne Law Offices, P.C. (215) 854-6342...

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Residential lease and chapter 7

A residential lease is listed on schedule G and on your statement of intention. Only list the security deposit if it is your money. You should not list the security deposit if it is your girlfriends money.

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Landlord and chapter 7

The main concern that your landlord will have in a bankruptcy case is not been paid the rent. As long as you continue to pay your rent then you will not run into any issue with your landlord. Be sure to list the landlord under the unexpired lease section.

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