William P. Turner’s Answers

William P. Turner

Olathe Bankruptcy Attorney.

Contributor Level 7
  1. I paid my Lawyer 1300 dollars when i filed for ch. 13 bankruptcy. She now wants 425 dollars to convert to a ch7 is this fair?

    Answered over 2 years ago.

    1. Alan D. Walton
    2. Kathryn Ursula Tokarska
    3. Michael J Corbin
    4. William P. Turner
    5. Derek R. Caldwell
    6. ···
    6 lawyer answers

    No, it is not fair, but you will not like my answer why. $1,300 is not close to being enough money to get a Chapter 13 plan confirmed. $450 is not enough money to convert a 13 to a 7. Your concern should not be why your attorney is charging so much money; it should be why she is charging so little as you tend to get what you pay for.

    17 lawyers agreed with this answer

  2. I'm getting mixed signals about whether my Military Disability is usable in a chapter 7 bankruptcy, does anyone know for sure ?

    Answered almost 2 years ago.

    1. William P. Turner
    2. David Eli Larson
    3. Dorothy G Bunce
    3 lawyer answers

    Income from Military Disability will count as income on the means test. Benefits from the Social Security Act are exclued from said income, but military disability, as contrasted with social security disability, is not a a benefit from the Social Security Act. If your wife is 30k above median income, than you are taking the means test in any case.

    Selected as best answer

  3. I am a 60 % Disabled Vietnam Vet. ready to file Chapter 7 with my wife. Also receive SS. Debt was not incured in service.

    Answered almost 2 years ago.

    1. Deborah F Bowinski
    2. William P. Turner
    3. Marc Gregory Wagman
    4. Stephen M Trezza
    4 lawyer answers

    Just because your household income puts you above median income, that does not mean you cannot file a 7. Social Security income is not counted; the disability income will be. I doubt the exception for debt incurred while in the service woud apply, but there remains a solid chance you will still qualify for a 7. Clearly, you should meet with an experienced bankruptcy attorney.

    5 lawyers agreed with this answer

  4. Can a 2nd mortgage, that was not reaffirmed with Chpt 7 bankruptcy, foreclose on our home if we are current on our 1st mortgage?

    Answered almost 2 years ago.

    1. William P. Turner
    2. Dorothy G Bunce
    3. Peter Walter Weston
    3 lawyer answers

    Yes, they can, but it is unlikely they will. Their lien survived your bankruptcy, although by not reaffirming the debt your discharge means you are not personally liable on the debt. If he second forecloses, it would lead to a sheriff's sale, where the first mortgage holder will be bidding the full amount owed to them. The second would have to bid higher, pay off the first in full with hard cold cash, and then try to sell the house for at least more than the first mortgage bid. Foreclosed...

    3 lawyers agreed with this answer

  5. I am getting a divorce and my wife has credit cards in her name only. Am I responsible for them if she doesn't pay them?

    Answered over 2 years ago.

    1. William P. Turner
    2. Ronald Jay Drescher
    3. Mitchell Paul Goldstein
    3 lawyer answers

    In Kansas, one spouse may incur debt in their own name that the other spouse is not liable for. One exception is the doctrine of necessities, which means if one spouse incurs a debt for a necessity, such as warm coat in winter or medical expenses, then the other spouse can sometimes be held liable for the debt after divorce. Credit card companies rarely make this argument. One thing that could change the answer is if the divorce decree orders you to pay her debt after you divorce. Then you...

    3 lawyers agreed with this answer

  6. Account sold after bankruptcy

    Answered over 2 years ago.

    1. William P. Turner
    2. Walter C Oney Jr
    3. Alan D. Walton
    3 lawyer answers

    I think you have a number of claims against the third company, if not the original mortgage company who sold your loan for a discharge injunction violation, if sold after the discharge was granted. Rachel Foley is an attorney in KC, MO who is a member of NACA as am I. She is a great attorney who can advise you on what you should be doing. 816-472-3257

    3 lawyers agreed with this answer

  7. Would obtaining a divorce spare my husband and our four young children my medical debt when I die?

    Answered 8 days ago.

    1. Nicholas Arthur Steinwart
    2. William P. Turner
    3. Richard Glenn Elie
    4. Matthew Scott Berkus
    4 lawyer answers

    A divorce would not cut off your medical creditors from seeking payment from your husband for your medical debts in Kansas. He may or may not need to file a bankruptcy himself. You and he should consider at least obtaining a free consultation from a bankruptcy attorney to consider the bankruptcy that may or may not be necessary.

    2 lawyers agreed with this answer

  8. What is the limit on how many times a person can file bankruptcy and is the a period of time you have to wait between filing

    Answered over 1 year ago.

    1. Derek R. Caldwell
    2. William P. Turner
    3. Jill A Michaux
    4. Dorothy G Bunce
    5. Emil Jonathan Fleysher
    5 lawyer answers

    The time is measured from filing, or the beginning of the case, to filing. 8 years between Chapter 7s, a 13 may be filed 4 years after a 7, a 7 6 years after a 13. 13 2 years after 13 (which makes no sense, but it is the law!)

    2 lawyers agreed with this answer

  9. Can I sign Bankruptcy on just my trucking business and have it not affect my personal credit rating.

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. William P. Turner
    3. Diane L Gruber
    3 lawyer answers

    You would definitely be filing a personal bankruptcy, which will list and address all debts, both personal and business. Your business was not separate from you, and corporations do not receive a discharge in bankruptcy in any case.

    2 lawyers agreed with this answer

  10. Can I add x"s attorney fee if i decide to file bankruptcy

    Answered almost 2 years ago.

    1. William P. Turner
    2. Walter C Oney Jr
    3. Gary D. Bollinger
    3 lawyer answers

    You must list all debts when you file bankruptcy, so you would list any debt to an attorney for fees. I am not too sure who x"s is, but some attorney are not dischargeable while most are.

    2 lawyers agreed with this answer