Kevin Kennedy Gipson’s Answers

Kevin Kennedy Gipson

New Orleans Bankruptcy Attorney.

Contributor Level 12
  1. How to stop debt collector..

    Answered over 1 year ago.

    1. Adam Brooks Arnold
    2. Kevin Kennedy Gipson
    3. Kathryn Ursula Tokarska
    4. William Joseph Kopp Jr.
    5. Patrick M. Hunter
    5 lawyer answers

    When you file a Chapter 7 bankruptcy, one of the benefits is that once your debts are discharged, the creditors can no longer contact you in an effort to collect the debts that were discharged. Contacting you after your debts were discharged is a violation of the bankruptcy code, and the Creditor can be sanctioned by the Court. Sanctions can include the payment of attorney's fees, actual damages that you sustain, and at times general and punitive damages. You should contact an attorney...

    10 lawyers agreed with this answer

  2. Is 1500 for a Ch 7 too much? My ex states that he only paid $350 for a Ch 13?

    Answered over 1 year ago.

    1. Mark Markus
    2. Kevin Kennedy Gipson
    3. David Lloyd Merrill
    4. E Chris L'Hommedieu
    5. Brendan Michael Kelly
    6. ···
    6 lawyer answers

    The legal fees for a Chapter 7 bankrutpcy vary greatly from State to State, but $1,500.00 for a Chapter 7 bankruptcy, with or without the court costs is a reasonable fee for an experienced bankruptcy attorney. The filing fee alone for a Chapter 7 bankruptcy is $306.00, for a Chapter 13 the filing fee is $281.00. As previously stated, it is generally considered a violation of both the Bankruptcy Code and professional ethics for an attorney to take any legal fees in a Chapter 7 bankruptcy...

    8 lawyers agreed with this answer

  3. Need to know what goes on at a bankrupcy hearing chapter13

    Answered over 1 year ago.

    1. Kevin Kennedy Gipson
    2. Stephen Nathan Doan
    3. Ashley Anne Digiulio
    4. Dorothy G Bunce
    5. Lois R Beasley-Carlisle
    5 lawyer answers

    Whether you can get a reduction in your monthly payments in a Chapter 13 bankruptcy case, or whether you will be able to get a hardship discharge will depend upon a number of factors. First, the monthly payment you are currently making was based upon your average monthly income for the six month period leading up to the filing of your bankruptcy. You indicate that your husband lost his job in June. Presumably, you have had a loss in income that would affect the calculation that was...

    8 lawyers agreed with this answer

  4. Behind on my home but want to keep through bankruptcy.

    Answered over 2 years ago.

    1. Kevin Kennedy Gipson
    2. Eric Charles Lewis
    3. Kathryn Ursula Tokarska
    3 lawyer answers

    If you are 7 months behind on a home mortgage a Chapter 7 bankruptcy in and of itself will not help you to keep the home. A Chapter 7 bankruptcy would stop the foreclosure process, and the 7 would also permit you to end your personal responsibility for the mortgage, but it a 7 is not going to help you keep the house once you debts are discharged. You would need to file a Chapter 13 bankruptcy and propose a payment plan to catch up on the arrearages that are owed to the mortgage company....

    8 lawyers agreed with this answer

  5. How difficult would it be for me to file for bankruptcy without an attorney?

    Answered over 2 years ago.

    1. Kevin Kennedy Gipson
    2. Malissa Linn Walden
    3. Shannon E Wynn
    4. Derek R. Caldwell
    5. Jonathan Patrick Beck
    5 lawyer answers

    Undertaking any legal proceeding by yourself is a risky idea. Bankruptcy is no different. Additionally, keep in mind that a Chapter 7 bankruptcy allows you to discharge your debt and get a fresh start. A "Do It Yourself" bankruptcy risks not obtaining the maximum relief available under the bankruptcy code. If you truly cannot afford the services of a bankruptcy attorney, and I can understand how someone trying to live on $700.00 would have that problem, there are services available to...

    8 lawyers agreed with this answer

  6. I own two firearms and I am planning on filing Chapter 7 Bk. I plan on using an attorney . I am just curious on what the CA

    Answered over 2 years ago.

    1. Michael Salanick
    2. Robert Parkinson Taylor
    3. Kevin Kennedy Gipson
    4. Steven Anderson Leahy
    4 lawyer answers

    Since your planning to use an attorney, any experienced bankruptcy attorney in California should be knowledgable about the exemptions available to you in California. Even if the two firearms are not exempt in and of themselves, the next issue that confronts a Trustee is whether or not the assets, in this case firearms are "worthy of administration." Worthy of administration simply means whether it is worth the time and cost associated with selling the guns to make the proceeds available...

    7 lawyers agreed with this answer

  7. If We went BK in 2003,is it set in stone that we can't apply for in 2012

    Answered over 2 years ago.

    1. Kevin Kennedy Gipson
    2. Mark Markus
    3. Thomas John Cesta
    4. Walter C Oney Jr
    4 lawyer answers

    How long that you will have to wait to file another bankruptcy will depend on a number of factors: 1) When did you file your bankruptcy? The date of the filing of the bankruptcy is the date used for determining when another bankruptcy can be filed. 2) Did you file a Chapter 7 or Chapter 13 bankruptcy before? It is 8 years for a Chapter 7 and 4 years for a Chapter 13 bankruptcy. 3) Was your first bankruptcy completed or was it dismissed? If it was dismissed, you can refile, but...

    7 lawyers agreed with this answer

  8. Loan mod after chapter 7 bankruptcy discharge. Is possible I could create a new liability or tax liability by modifying my home?

    Answered over 2 years ago.

    1. Alan D. Walton
    2. Curtis Lamar Harrington Jr
    3. Kevin Kennedy Gipson
    4. Marc Gregory Wagman
    4 lawyer answers

    As I understand your facts, you had your debts discharged in a Chapter 7 bankruptcy and did not reaffirm the debt on you home, the result of which is that you are no longer personally responsible for the debt. Without actually seeing the loan modification agreement, it would be my belief that by entering into a loan modification post discharge that you are incurring new debt post discharge and would therefore once again be personally liable on the mortgage. Having said this, you would...

    6 lawyers agreed with this answer

  9. I filed chapter 7 bankruptcy and need to amend a schedule(E) where do I put the word "Amended" on the form

    Answered over 2 years ago.

    1. Dorota J. Trzeciecka
    2. Eugene Jacobs Laneve
    3. Dorothy G Bunce
    4. Kevin Kennedy Gipson
    4 lawyer answers

    You can write in or type in the word Amended before the caption on Schedule E.

    6 lawyers agreed with this answer

  10. Do I have to amend schedule F when creditors "write off" the balance?

    Answered over 2 years ago.

    1. Kevin Kennedy Gipson
    2. Walter C Oney Jr
    3. Shannon E Wynn
    3 lawyer answers

    The Schedule F In a bankruptcy is designed to provide a list of your unsecured creditors to the Bankruptcy Court and Trustee. Often the balances that are owed to these creditors and that are listed on Schedule F are not the exact amount actually owed and may vary somewhat. The main idea of Schedule F is to notify the unsecured creditors that you have filed for bankruptcy and that they were listed as a debtor in your bankruptcy. While it is important to be as accurate as possible, it is...

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