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William P. Turner

William Turner’s Answers

32 total

  • Considering chapter 7 bankruptcy in Kansas. Question is in regards to paying rent to a family member.

    Mother and I are both on the lease. She agreed with landlord to pay a year up front rather than providing all the financial detail, etc. to help get me into the place. I live alobne with my son....mom was just trying to cosign and help me to get...

    William’s Answer

    All the other answers are correct. While if you just gave money to a relative without receiving anything in return, that would be a problem. However, as long as the money you are paying to your relative for rent is a fair and reasonable amount for rent, you should not have a problem filing bankruptcy in Kansas City, Kansas without the Trustee trying to take money from your Mother.

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  • Bankruptcy???

    Last weekend I fell asleep at the wheel and hit a light pole and totaled my car. I had just cancelled my insurance policy, even though the car is financed. I did this because I was unable to make all of my bill payments and was starting to have to...

    William’s Answer

    Certainly bankruptcy would relieve you of the obligation to pay the car loan. Furthermore, if you were cited for an accident without insurance, your drivers license could be suspended, but a bankruptcy could help with that too. Ultimately, whether you should file bankruptcy is a complicated issue that you should discuss with a bankruptcy attorney.

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  • Can I file bankruptcy on umeployment overpayment do to my error

    In 2006 or 2007 Kansas unemployment investigated my place of employment and found that a lot of employees were not reporting all their earnings. I was one of those because of the way we get paid I wasn't claiming my travel time. They went back cle...

    William’s Answer

    It sounds to me like you owe income taxes for unreported income. Some taxes can be discharged in bankruptcy, with the first requirement being the taxes were due more than three years prior to filing bankruptcy. Thus, you should consult with a bankruptcy attorney to determine whether bankruptcy could provide you with some relief.

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  • 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

    Ex. I filed about 15 years ago and how can you find out the last time that i filed

    William’s Answer

    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!)

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  • He did receive notice on Feb 22. This loan is almost 10 years old and they had not been able to find him until now.

    The total of the loan is $30, 684.00 and they will take 15% every two weeks. He makes approximately $6000.00 at month. He also has not filed taxes federal or state since 2005 and they are now talking levy and garnishment. I guess its whoever ge...

    William’s Answer

    Sounds like someone has unpaid student loans, who is facing aggressive collection action on same. While bankruptcy usually does not discharge student loans, a Chapter 13 could buy some breathing room by imposing a stay on any student loan collection during the bankruptcy. Sounds like "he" might benefit from an initial consultation, likely free, with a bankruptcy attorney.

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

    I was leased to a company that took more money than I made seriously and they are saying I still owe them almost 2000.00 more, they also kept my last paycheck. I own my own truck and have had health issues, since purchasing it in August of 12, an...

    William’s Answer

    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.

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

    We filed in 2009, the 1st and 2nd mortgages were not reaffirmed. Our home value, according to county appraisal is $105,000. Our 1st mortgage is right under $80,000 and our 2nd is $42,000. However, if we sold our home, it is very unlikely that we w...

    William’s Answer

    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 homes tend to sell for 60-80% of fair market value. So, yes they can foreclose, but they might be bluffing, which in turn may be fair debt collection act violation.

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

    on a fixed income SSI serious illness

    William’s Answer

    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.

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  • Can I keep my car if I file bankruptcy?

    I live in Kansas and I'm thinking about filing bankruptcy, but I'm worried about losing my car. Different people have told me different things about this

    William’s Answer

    In Kansas, you can protect up to $20,000 in equity in a vehicle against a Chapter 7 Trustee. If you owe money on the car, you will have to pay for the car one way or another to keep it.
    Most people who are current on their car loans before they file bankrutpcy are able to keep their cars by continuing to pay for them.

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

    I receive Social Security and Military Disability and I'm just needing to know if they are usable in filing a Chapter 7. I know Social security is not used and I did not incure any of the debt while in the military, I was discharged in 1971. My ...

    William’s Answer

    • Selected as best answer

    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.

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