Ted A Troutman’s Answers

Ted A Troutman

Beaverton Bankruptcy Attorney.

Contributor Level 12
  1. Deadline to object to discharge under Bankruptcy Code 727(a)(4)

    Answered 8 months ago.

    1. Ted A Troutman
    2. Kevin Arnold Spainhour
    3. Richard Glenn Elie
    4. Arthur Wemegah
    5. Scott Benjamin Riddle
    6. ···
    6 lawyer answers

    An action under 727(a)4 must be brought within the 60 day period following the 341a meeting (unless an extension is sought before the 60 days are up). Under 727(d) a creditor or the trustee or the US Trustee under limited circumstances can request revocation of a discharge for one year after the case is discharged or closed whichever is later.

    12 lawyers agreed with this answer

  2. Can a signed and notarized debt, stating that this debt can not be discharged in any BK proceedings stand up ?

    Answered about 2 years ago.

    1. Michael Salanick
    2. Ted A Troutman
    3. Jonathan David Leventhal
    4. Gregory Howard Wiley
    5. Michael J Corbin
    6. ···
    7 lawyer answers

    The statement will not stand up. One thing you could do is obtain a security interest in something the debtor owns and then hope that he or she waits at least 91 days before filing. If the debtor files before 91 days the trustee can set aside the security interest as a preserence under sec 547 of the bankruptcy code.

    12 lawyers agreed with this answer

  3. Who is responsible for doing the Fair Market Value Estimate of a condo being considered for Ch. 13 lein stripping of the second?

    Answered about 2 years ago.

    1. Hale Andrew Antico
    2. Ted A Troutman
    3. Deborah F Bowinski
    4. Ben Edward Embry
    5. Dorothy G Bunce
    5 lawyer answers

    It is your burden to prove the value of the house is less than the first mortgage. This is normally done either through and appraiser or a real estate broker. You only have to prove that the first is $1 more than the value to strip the second. You might check with the title company to see if the lien of the HOA is considered ahead of the second in which case the liens ahead of the second would equal $163,000.00 .

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  4. I'm behind on my car payment one month and filing bankruptcy, do I have any recourse if I want to keep the car?

    Answered about 2 years ago.

    1. Tim L Eblen
    2. Ted A Troutman
    3. Dorothy G Bunce
    4. Deborah F Bowinski
    5. Alan D. Walton
    6. ···
    7 lawyer answers

    You can use the chapter 13 to cure the default in payments on the car. You do not have to be current on the car to keep it when you file the 13. Depending on how long ago you bought the car you may be able to only pay back what the car is worth. Also you may be able to reduce the interest rate on the loan. You should talk to a bankruptcy attorney and discuss the details of your case.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Do I put my car as an exemption if I plan on reaffirming the loan so I can keep it?

    Answered over 1 year ago.

    1. Ted A Troutman
    2. Michael Salanick
    3. Dorothy G Bunce
    4. Michael Avanesian
    5. Brad Francis Weil
    6. ···
    8 lawyer answers

    Even if you are reaffirming you would exempt the car's equity over and above the loan amount. Depending on the amount of the equity you could still have to pay something to the the trustee if the equity is greater than your states exemption amount . In Oregon for an individual you can only exempt $3000 of equity.

    10 lawyers agreed with this answer

  6. Can i sue for negligence base on my mortgage, which was in foreclouser and chapter 7 .

    Answered almost 2 years ago.

    1. Ted A Troutman
    2. Matthew Erik Johnson
    3. Derek R. Caldwell
    4. Ashley Anne Digiulio
    5. Gary D. Bollinger
    6. ···
    6 lawyer answers

    Not sure who you want to sue? If all documents were signed and they are accepting payments for 2 years it looks like the loan was modified. If they are not reporting on your credit it is because the loan was not reaffirmed.

    10 lawyers agreed with this answer

  7. Chapter 7 and workers compensation

    Answered 6 months ago.

    1. Ted A Troutman
    2. Lauren Ann Rode
    3. Stuart Gregory Steingraber
    4. Sandra A Kuhn Esq.
    5. Michael Christopher Burr
    6. ···
    6 lawyer answers

    Both attorneys are most likely correct. The workers comp settlement is exempt and not part of the bankruptcy estate but if you get it before filing it will be considered income that must be included on the form B22 to determine whether you qualify for chapter 7.

    Selected as best answer

  8. My first mortage balance is 59000.00 my second is 19000.00 can i bankrupt the 2nd one with Beneficial and still keep the house?

    Answered almost 2 years ago.

    1. Ted A Troutman
    2. Derek R. Caldwell
    3. Michael Avanesian
    4. Asaph O. Abrams
    5. Dorothy G Bunce
    5 lawyer answers

    If you file chapter 7 your personal liability on the 2nd loan will be removed but it will remain a lien on the property. You could strip the lien in a chapter 13 but only if the value of the property is less the the balance on the 1st. You may want to file a chapter 7 and then negotiate a payoff of the second for a lesser amount after you get your discharge. You should contact an experienced bankruptcy attorney in your area.

    9 lawyers agreed with this answer

  9. Can I file bankruptcy chapter 7 after I received a personal injury settlement of $135,000.00 last June?

    Answered 8 months ago.

    1. Kevin Christopher Gleason
    2. Brad Bader
    3. Scott Benjamin Riddle
    4. Ted A Troutman
    5. Alexander John Kranz
    6. ···
    7 lawyer answers

    You should withdraw $20,000 of the money you put in your son's account and pay off your debts. If you file bankruptcy you will have to disclose the money you deposited to your son's account and the trustee will sue to recover it. The result will be that filing will cost you much more than just paying off the debt since you will have to pay the trustees commission and attorney fees. You should check with an attorney and see how much of the settlement you can exempt if you get it back in your...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Wage Garnishments and the Means Test?

    Answered 8 months ago.

    1. Ted A Troutman
    2. William J. O'Connor
    3. Blake Owen Brewer
    4. Roy A. Praver
    5. Carl H Starrett II
    5 lawyer answers

    The garnishment would have to be for child or spousal support to be a deduction. This is because as soon as you file the garnishment for any other judgment will stop.

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