Gary D. Bollinger’s Answers

Gary D. Bollinger

Saint Louis Bankruptcy Attorney.

Contributor Level 19
  1. Can I file a Chapter 7, but keep my home and later file a Chapter 11 if I can't modify my home loan?

    Answered 4 months ago.

    1. Shaye Larkin
    2. Gary D. Bollinger
    3. Richard D. Granvold
    4. Robert A. Stumpf
    5. Ryan A. Andersen
    6. ···
    7 lawyer answers

    Your question exceeds the resources of this Listserv: consult a local attorney.

    10 lawyers agreed with this answer

  2. Should I file for bankruptcy during dissolution if I expect to be left with little to no assets?

    Answered 8 months ago.

    1. Dallas William Jolley Jr
    2. Gary D. Bollinger
    3. Dwayne M Farnsworth
    4. Brent J Jensen
    5. Richard D. Granvold
    6. ···
    7 lawyer answers

    You wrote, "Should I file for bankruptcy during dissolution if I expect to be left with little to no assets?" A: You have spun out too many hypotheticals/assumptions for analysis on this forum. Consult a local bankruptcy attorney.

    10 lawyers agreed with this answer

  3. Chapter 7 question. I have a house which I rent. I use to live there. As a result I can't declare the house as a business.

    Answered over 1 year ago.

    1. Michael Hal Schwartz
    2. Gary D. Bollinger
    3. Michael Avanesian
    4. Ashley Anne Digiulio
    5. Marcus Hayes Herbert
    5 lawyer answers

    You wrote, "Chapter 7 question. I have a house which I rent. I use to live there. As a result I can't declare the house as a business." A: I suggest you are mistaken and that you are operating a business.

    10 lawyers agreed with this answer

  4. Bankruptcy case, I'm a creditor, what hearing do I HAVE to attend?

    Answered over 1 year ago.

    1. Brett D Weiss
    2. Judy A. Goldstein
    3. Gary D. Bollinger
    4. David Lloyd Merrill
    5. Daniel J. Winter
    6. ···
    6 lawyer answers

    Your presence or absence makes no difference to the ruling of the court.

    10 lawyers agreed with this answer

  5. Will I be able to continue operating my sole proprietorship business after filing personal Chapter 7 Bankruptcy?

    Answered almost 2 years ago.

    1. Gary D. Bollinger
    2. Kathryn Ursula Tokarska
    3. Gregory Howard Wiley
    4. Sanjay Sobti
    4 lawyer answers

    Yes. No. Maybe... Bankruptcy ch 7 provides a fresh start by the discharge of many--perhaps all--of a sole proprietor's debts. However, the price of that discharge may be the loss of non-exempt property rights (inventory, for example) or the extinction of critical lines of credit, that might make continuation of the business unfeasible.

    10 lawyers agreed with this answer

  6. Can a bankruptcy trustee go after a lawsuit after I filed bankruptcy?

    Answered over 1 year ago.

    1. Gary D. Bollinger
    2. Diane L Gruber
    3. Christian K. Lassen II
    4. Megan Dyanna Dennis
    5. Timothy Ryan Brown
    6. ···
    6 lawyer answers

    You wrote, "We filed ch. 7 in Oct. 2012... and we are considering filing a lawsuit I was not aware of this possibility until Feb 2013. Do I tell my bankruptcy lawyer?" A: Yes.

    8 lawyers agreed with this answer

  7. Do I owe money for a loan I took on life insurance that was discharged by 2009 bankruptcy?

    Answered 9 months ago.

    1. Jonathan David Leventhal
    2. Scott Benjamin Riddle
    3. Myron Wayne Tucker
    4. Gary D. Bollinger
    5. Christian K. Lassen II
    5 lawyer answers

    A discharge order affects the ability of the discharged Creditor to enforce the debt by most collection procedures, such as filing suit, creating a lien, garnishing or levying on property. However, when a Creditor has property of the bankruptcy debtor but also a debt that is owed to the Creditor, the Creditor might apply the doctrine of setoff or recoupment to finesse the discharge. An explanation of these doctrines exceeds the mission statement of Avvo and the advice-limitations of attorneys...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. PI settled and bk trustee took $38,000 from our settlement as fee. We would in the dark about it the whole time.

    Answered over 1 year ago.

    1. Benjamin Joseph Sansone
    2. Gary D. Bollinger
    3. William Comingore Failey
    4. Manuel Alzamora Juarez
    5. Eric Charles Lewis
    6. ···
    8 lawyer answers

    You wrote, "Husband injured in auto accident 2009. Filed for bk in 2010. Got discharged. Won PI in 2012 for $4oo k. Took 10 month to finally get money from trustee after paying off the $50,000 in debt back to creditors. Found out we also have to pay trustee's fee of $38,000. Can they do that?" A: When a Chapter 7 bankruptcy Trustee finds assets to seize on behalf of Creditors of a bankruptcy debtor, the process of administration can take years if the asset is a chose in action or...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I want to withdraw my Ch 7 bankruptcy to a US District Court in an Article 3Court. What is the process?

    Answered over 1 year ago.

    1. Jonathan David Leventhal
    2. Ashley Anne Digiulio
    3. David Patrick Farrell
    4. Hermin A. Dowe
    5. Michael Avanesian
    6. ···
    8 lawyer answers

    I think Wikipedia has got it correct, "The United States District Courts have subject-matter jurisdiction over bankruptcy matters.[20] However, each such district court may, by order, "refer" bankruptcy matters to the Bankruptcy Court, and most district courts have a standing "reference" order to that effect, so that all bankruptcy cases are handled by the Bankruptcy Court. In unusual circumstances, a district court may "withdraw the reference" (i.e., taking a particular case or proceeding...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Need help on our house, we filed ch.7 and B.O.A. sold our mortgage and new co. is trying to push us in to a short sale

    Answered 11 months ago.

    1. Gary D. Bollinger
    2. Marc Gregory Wagman
    3. Dorothy G Bunce
    4. Thomas O. Moens
    5. Jon Noel Dowat
    5 lawyer answers

    You wrote, “They are saying even though we filed ch.7 we still are responsible for money owed!“ A: No, they are not saying that. The bankruptcy discharge your personal obligation, but that did not release the lien against the property; that lean is the basis for a foreclosure action.

    Selected as best answer