Andrea Wimmer’s Answers

Andrea Wimmer

Mesa Chapter 7 Bankruptcy Attorney.

Contributor Level 7
  1. Contemplating Chapter 13.

    Answered over 4 years ago.

    1. Andrea Wimmer
    1 lawyer answer

    In Arizona, your Chapter 13 plan payment is based on your income minus your expenses (living expense) as projected (i.e. it is a forward looking determination). Therefore, if you are no longer working overtime, your income will be based on just your regular hours. If you are having a hard time making ends meet, your first cut in expenses should be your credit card payments. Be sure that your checking account is with a bank that you don't owe any money to. You should stay current on...

  2. Will a Ch 13 BK in AZ affect my rental agreement?

    Answered over 4 years ago.

    1. Andrea Wimmer
    1 lawyer answer

    I have never had a Chapter 13 trustee question the validity of a rental agreement; however, I have also never had the situation where a family member rented to the debtor. The rent has to be reasonable - essentially if you are only paying him this much rent because you are related to him - and not because that is what the current market supports as a reasonable rent, then there may be a problem. I recommend you speak to an attorney as soon as possible to determine whether your plan...

  3. How do I go about fileing bankrupsy

    Answered over 4 years ago.

    1. Gregory J. Jalbert
    2. Theodore Lyons Araujo
    3. Jeffrey B. Lampert
    4. Andrea Wimmer
    4 lawyer answers

    Talk to an attorney in your area. The law and rules associated with filing for bankruptcy relief can be confusing, and an experienced attorney will be the best help you can get. Be sure you are comfortable with the attorney you chose - and keep in mind that you get what you pay for, so don't end up using a document preparer that is not licensed as an attorney without getting any legal advice, just because it is the cheapest option out there. You have options, make sure you understand them....

  4. Can a mortgage lender deny reaffirment after filing for chapter 7?

    Answered over 4 years ago.

    1. Andrea Wimmer
    1 lawyer answer

    The bankruptcy code does not have a requirement that you reaffirm a mortgage in order to keep real property - typically, reaffirmations are only necessary for cars and other personal property, and generally not recommended. You should talk to an attorney in your area about the benefits vs. the disadvantages of reaffirming your mortgage before signing anything. It is not clear why they are not accepting your payments - and that is not generally how banks are handling mortgages while in a...

  5. If I surrender my house will it count as a foreclosure on my credit?

    Answered over 4 years ago.

    1. Glen Edward Ashman
    2. Angel Marie Van Wieren
    3. Theodore Lyons Araujo
    4. Andrea Wimmer
    4 lawyer answers

    Well, the bankruptcy itself will affect your credit, and likely impact your score negatively at first. However, because the discharge will free you from all of your dischargeable debt, your debt to income ratio will dramatically change for the better once your discharge is entered. I do believe that technically the auction of the house after the bankruptcy has been filed, and the stay relief granted (meaning the bank got permission from the court to sell the house) is still reported as a...

  6. Can i include my heloc with a chapter 13

    Answered over 4 years ago.

    1. Andrea Wimmer
    1 lawyer answer

    If your home is worth less than what you owe on the first mortgage, then a Chapter 13 allows you to remove the second mortgage so it no longer encumbers the house. It is then turned into unsecured debts that is treated just like any other of your unsecured debts. It is a valuation issue, and an appraisal will be necessary. Chapter 13 cases, and 'lien stripping' (removing the second mortgage from the home) can be very complex. You should seek assistance of an attorney in your area to...

  7. Can trustee take tax refund

    Answered over 4 years ago.

    1. Basil J. Buchko
    2. Christopher M. Mcavoy
    3. Andrea Wimmer
    4. Craig Dennison Robins
    4 lawyer answers

    Your bankruptcy estate is entitled to the pre-filing portion of your 2009 tax refund. The portion depends on when you file the petition. Essentially, since you filed in September 2009, the estate is entitled to 9/12ths of your tax refund. The Trustee does not have to mention this during the creditors meeting - he or she actually has a significant amount of time even after the discharge is entered to administer your assets. Failure to comply with the Trustee's request can lead to a...

  8. If your spouse is filing chapter 13 must you also?

    Answered over 4 years ago.

    1. Henry Repay
    2. Andrea Wimmer
    2 lawyer answers

    The short answer is no, if one spouse files for bankruptcy, the other spouse does not have to do so as well. However, the income of the non-filing spouse is taken into consideration to the extent that it is contributed to the household of the debtor. She will continue to be liable on any of the debts she is currently liable on - his bankruptcy will not change that. However, there are some additional protections available for non-filing co-debtors in a Chapter 13. I recommend that they...

  9. Which debts are dischargable in Chapter 7 - Hired Attorney in Oct. Purchases in November, stopped paying CC bills December

    Answered over 4 years ago.

    1. Andrea Wimmer
    1 lawyer answer

    Generally, credit card debts that you are liable on are dischargeable in a bankruptcy, as long as they were not incurred with the intent to discharge them. If you are talking about charges made within the last three months prior to filing, then there is a chance that the credit card company will allege that you did exactly that. Therefore, it is best not to have incurred any 'new' debts at least 6 months prior to filing. The fact that the debts may have been incurred during the marriage, or...

  10. Being sued for HELOC loan on foreclosed home.

    Answered over 4 years ago.

    1. Andrea Wimmer
    1 lawyer answer

    This depends on the exemption laws in your state. Typically, social security and disability income is protected from collections, but if you are receiving pension income from a previous employer, state law will govern whether or not the creditor can reach this income after a lawsuit. I recommend you speak to an attorney in your area before making any final decisions. If the exemption laws in your state protect your pension, you may not need to file for bankruptcy protection (assuming this...