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Juan Antonio Perez Jr.

Juan Perez’s Answers

178 total


  • I'm in the process of filing a Chapter 7. Am I required to add my current car note in the bankruptcy?

    I plan on still making the payments as I have been.

    Juan’s Answer

    Like many of my clients, you are probably asking the wrong question, or using the wrong terminology. All debts must be "included" in bankruptcy, but some you can keep certain secured debts despite the bankruptcy.

    I bet you want to know if you can keep the car or if you will lose it in the bankruptcy, not whether it is ok to fail to mention the car in your filings.

    Whether you can keep the car depends on whether you have equity in the car, and whether you know how to properly exempt the equity. If you have an attorney representing you, they will be certain to do that for you. If not, you may want one to help you with this.

    If you can, and properly do, exempt any equity in the car, you can keep it and continue to make your payments on the car. Yes, you must list the car and the debt in the bankruptcy filing in order to properly disclose all your assets and debts, but you can still keep paying on the car loan and keep the car after the bankruptcy.

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  • Can student loan company force you to pay a bill that you didn't receive due to a bankruptcy?

    I was in a Chapter 13 bankruptcy that converted to a Chapter 7. Prior to entering the BK i was on an income based repayment plan. I had to re-certify in May 2015, however BK wasn't discharged until July 2015. So i just received a bill for $1200. I...

    Juan’s Answer

    If you are on IBR, then your goal is not to pay off the loan, but just to survive it for the 10 to 25 years until you get the forgiveness. So who cares what interest gets capitalized? Just get back on IBR and you should be ok.

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  • What is the car exemption in ch. 7 bankruptcy for the state of Indiana?

    What is the car exemption for the state of Indiana? If the car worth is under a certain amount, will the trustee require any car documents?

    Juan’s Answer

    Cars fall into the Tangible Personal property category, which they share with things like furniture, clothing, household goods, etc.

    The total amount available is $9,350.

    Most chapter 7 trustees in Indy do not require any special documentation regarding regular passenger cars. Of course they can request more on a particular case of there is some reason to question the debtor's valuation or other facts.

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  • I filed a chapter 13 a year ago due to an impending balloon pmt. after 15 yrs. the term of my mortgage is 30yrs, why the balioon

    If I did not have to make the balloon payment I would not have filed a chapter 13 and ruined my credit . I stressed out over this payment , I contacted mortgage companies including the one with my current mortgage about refinance , loan modificat...

    Juan’s Answer

    Not sure exactly what happened. I'm guessing you didn't read the loan paperwork or understand what the terms under which you were borrowing.

    If there was some kind of deception in the paperwork on the part of the lender, then you *perhaps* could have a claim for violations of Truth in Lending laws, or something along those lines. Emotional distress damages would have to rely on some other claim, and I'm not sure what "defamation of caricature" would be. A caricature is an exaggerated drawing like something someone draws at a carnival. Definitely no claims for that.

    It was your choice to file bankruptcy, so it is hard to argue that someone forced you to do so.

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  • If I sold my house and rec'vd money back do I have to show that if filing bankruptcy? It hasn't been placed in my bank acc.

    $23,000 credit card debt, personal loan and a reposed vehicle. I work a temporary job that will end in November. I lost my husband to cancer and without his income I became unable to keep up with my bills. I live with someone right now until I ...

    Juan’s Answer

    It will depend on the amount of the home sale proceeds.

    If the amount is larger than Indiana exemptions allow you to protect, you may have other options such as using the funds to purchase another home, spending the funds on other household necessities, or using the funds to settle your debt.

    You should meet with a bankruptcy attorney to go over all the options.

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  • Do I have to pay the missed payments from the previous chapter 13 bankruptcy before refiling?

    Had a chapter 13 bankruptcy dismissed 5 months ago for missed payments. I would currently owe 22,000 if I was still paying. Do I have to pay the 22,000 to refile for a second time chapter13?

    Juan’s Answer

    No, you would not have to make up the shortfall. You may face other hurdles in refiling, such as needing a motion to extend the automatic stay in the new case, and potentially having higher payments in the new case than the old (particularly if your goal is to cure a mortgage, and there are now more arrears). Consult with a bankruptcy attorney about the new case and they will assist you with all of this.

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  • Will filling Bankruptcy be the best option for someone like me?

    My job just informed me that, we did not get the grant and the program that I work for has ended as of June 30th 2015. I can't return to Grad School in August because I can't afford it. I have 40k in student loan debt, 28k in hospital debt, only ...

    Juan’s Answer

    Bankruptcy can certainly be an option for you. There are several factors to consider, including assets, timing of when to file, and the likelihood that you might continue to incur more debts (medical or otherwise) while you are unemployed.

    The best way to get the full picture is to sit down for a consultation with a local bankruptcy attorney.

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  • How do I get money that the IRS took from me for money that my ex husband received for a home buyers credit?

    My ex husband and I filed our taxes together after we separated and he received a first time home buyers credit that I was not aware of until the IRS started taking it from my tax returns. I lived in Kentucky and he bought the house in Virginia, s...

    Juan’s Answer

    I've changed the practice area in your question from Bankruptcy to Tax, as it is not really a bankruptcy question. I believe there is a process for you to challenge this as an "Injured Spouse", but you will likely get more complete answers from the tax folks.

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  • Why won't my lawyer call back or file my bankruptcy paperwork?

    A lawyer has my money and hasn't returned my calls for three months and the paperwork has not been filed

    Juan’s Answer

    Make an appointment to meet with the attorney. There may be more to the issue than simply an unresponsive attorney. There may be a misunderstanding or your attorney may not be getting your messages.

    Once you have exhausted every possible way to work things out directly, then you can file a complaint with the state bar. Those are taken very seriously, so it is best to be certain you have legitimate complaint before going that route.

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  • National Data Center - Case Closed date - Chapter 13

    We are waiting for confirmation from mortgage final cure. I just noticed today that in the National Data Center it shows Case Closed 5/8/2015. What happens now? Will they stop our garnishments. We have paid all our debtors. Does this mean its...

    Juan’s Answer

    You should contact the attorney that represented you in the Chapter 13 so they can look at the actual docket in the case, and see what is on file with the court.

    If the case has closed, it is likely all over. But you should have received the discharge order, etc.

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