Skip to main content
Robert Franklin Dean

Robert Dean’s Answers

39 total

  • No disposable Income For Chapter 13 Bankruptcy..Now What ?

    No disposable Income For Chapter 13 Bankruptcy..Now What ? OK here is my situation I want to file chapter 13 bankruptcy but after adding all of my expenses I have no disposable income..and I want to keep my home and car..just need to get rid of...

    Robert’s Answer

    You may be eligible to file Chapter 7 bankruptcy and keep your home and your car, depending on how much equity you have in them and how they're titled. Chapter 7 doesn't require disposable income. Talk to a good Maryland bankruptcy attorney about it.

    See question 
  • Must I file a Motion for Relief From Stay separately or can it be part of an Adversary Complaint?

    I'm a judgment creditor in a Chapter 7 bankruptcy. I've filed an adversary complaint asking that the debt not be allowed to be discharged. As part of my adversary complaint, I also asked for relief from stay of a wage garnishment I've been collect...

    Robert’s Answer

    Exception from discharge and relief from the stay are two separate issues. You should file a separate motion to get relief from the stay. You should probably talk to a Maryland bankruptcy lawyer about doing this for you, particularly if the debtor has one.

    See question 
  • Am i responsible for my husbands credit card debt ?

    My husband got the credit cards after we got married. I did not sign on the credit card applications .

    Robert’s Answer

    If you didn't sign, you're probably all right. Check your credit report to make sure. You can get a free one at www.annualcreditreport.com .

    See question 
  • Does filing for bankruptcy discharge MVA, IRS back taxes and/or tax lien debt also?

    I am considering filing for bankruptcy to stop wage garnishment from a creditor because i cant afford to take care of my daughter because they are taking so much but i also owe taxe

    Robert’s Answer

    A bankruptcy discharge will usually discharge tax debt that is more than three years old if the tax returns were filed timely. You should ask a Maryland bankruptcy attorney for a free consultation in order to discuss the best approach about tax lien and the MVA fines. Our office offers free consultations.

    See question 
  • Can I still file for bankruptsy after a company starts to sue me

    I can no longer pay the full amount of a bill due a loss of income. I have been paying half the amount owed every month. They are telling me I am getting close to charge off (next month) They will not help and do a modification as they have done b...

    Robert’s Answer

    As the other attorneys have said, yes, you can and you should talk to a Maryland bankruptcy attorney about it ASAP. I've heard that some Maryland bankruptcy attorneys even offer free phone consultations...

    See question 
  • Chap 13 Bankruptcy question

    Should I tell an attorney who has filed a lawsuit against me for one of my creditors that I plan to file a Chap 13 bankruptcy next month? Would that keep them from going for a garnishment on my wages. I definitely am going to file; just waiting ...

    Robert’s Answer

    Yes, you can tell the creditor that you're going to file for bankruptcy, but they probably won't stop their collection efforts until you are actually filed.

    Remember that you'll need to pay back at least some of your debts if you're filing under Chapter 13. If you haven't done so already, you should contact an experienced Maryland bankruptcy attorney to guide you through this process.

    See question 
  • Is it possible to covert from a chapter 13 to 7?

    When we 1st filed we qualified for chapter 7 because my husband was out of work with a broken ankle. just as we were ready to confirm the court told us we needed to be a chapter 13 because my husband was back at work. we have had some change in ...

    Robert’s Answer

    Yes, it's possible to convert a case back to Chapter 7 again but your post doesn't provide the information necessary to tell you whether it will work in your case. Need more info. Call an experienced Maryland bankruptcy attorney for a free consultation and bring your bankruptcy case info.

    See question 
  • Can you file a chapter 13 after a chapter. 7 discharge? What is the average cost for chapter 13?

    I was denied a loan modification by the bank, the bank will proceed with foreclosure of my property.

    Robert’s Answer

    As Timothy said, this will probably work, but you'll need a good Maryland bankruptcy attorney to represent you in it. Depending on when you filed your Chapter 7 petition, you may or may not be eligible for a discharge. You're probably eligible to file Chapter 13, to stop the foreclosure, and to repay your mortgage arrears through a Chapter 13 plan.

    See question 
  • How do I know if Bankruptcy is the only answer? Do Bankruptcy lawyers ever advise you NOT to claim bankruptcy?

    We are not quite at the point of collections, but fast approaching. Can it be helped before it happens??

    Robert’s Answer

    Bankruptcy may or may not be a good option for you. An experienced Maryland bankruptcy attorney would need more information in order to give you a good opinion.

    See question 
  • Filling bankruptcy and filling jointly tax return.

    Here is my situation. I intend to file chapter 7 bankruptcy. For many years I was filling jointly tax return. If I file married, jointly tax return for 2013 will mine creditors go after my wife to recoup some of the money? Or will be better f...

    Robert’s Answer

    As the other attorney said, the question is who is liable. If your wife has co-signed for the debts, then the creditors can pursue her. If she has not co-signed for the debts, they can't pursue her. Your tax filing is unrelated. If your wife is also liable for the debts, you may want to file a joint bankruptcy petition. Talk to a good Maryland bankruptcy attorney to find out whether this is a good idea for you.

    See question