Kevin Kennedy Gipson's Answers

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

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...

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Behind on my home but want to keep through bankruptcy.

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....

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

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...

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

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...

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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

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...

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

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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I have not filed my 2011 taxes yet. I filed for chapter 7 earlier this month. Will i be required to do so before my discharge

Generally speaking, the Trustee in you bankruptcy will want to see your 2011 tax returns in order to determine whether any of the refund will be administered and paid to you unsecured creditors. As such, the Trustee will generally hold the matter open to receive your tax return and make this determination. I am unclear what you mean by a tax offset or who "they" are that will take your income tax until your debt is discharged, but a bankruptcy provides a stay of all collection proceedings,...

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Is there any time a judge will let you keep a tax refund?

Whether you will be able to keep a tax refund depends on local procedures for the Trustee's in your District. Policies can vary from bankruptcy court to bankruptcy court as to how much of a refund you can have before it has to be used to pay unsecured creditors. Polices also vary depending upon whether you are in a Chapter 7 or a Chapter 13 bankruptcy. It will also depend upon your State's exemptions. As an example, often you are permitted to keep Earned Income Credit. Also, if you...

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I want to know how to dispute a discharge of debt giving by Chapter 7 against Child support?

Debts owed for child support are not dischargable in bankruptcy. A child support obligation is a priority debt, and with some exceptions for payments due to State support agencies in Chapter 13 cases, the debt survives a Chapter 7 bankruptcy.

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

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

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