Noel Pitner's Answers

Would creditors be able to seize proceeds from a sale of my home or would it be protected under chapter 13 exemptions?

To follow up on the previous answer, the homestead exemption in Washington State is $125,000, which means that creditors cannot touch up to $125,000 in proceeds that you could receive from the sale of the home. It is accurate that you will need permission from both the trustee and the court to sell your home. Talk to your attorney about this before you file.

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Can a creditor garnish disability benefits under WA state law

Disability payments are generally exempt from judgment/collection. Be careful though- a creditor may try and attach your bank account and seize the funds in the account regardless if they are exempt or not. Then it is up to you or an attorney to claim an exemption in those funds and demand that the bank release the funds accordingly. If you do not do so quickly (usually within 20 days of the bank levy) and the funds are forwarded onto the creditor by the bank, it becomes very difficult to...

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If a bankruptcy was filed in 2002, when can a new bankruptcy be filed?

Actually, there are some definitive times when you can file another bankruptcy. If you filed a previous Chapter 7 and received a discharge, then you cannot file another one within eight (8) years of the filing date of the first one to the filing date of the next one (in your case somewhere in 2010 if you filed in 2002). If you file a Chapter 7 before that deadline, the US Trustee will dismiss the case. You can file a Chapter 13 four (4) years after the filing date of the previous Chapter 7 &...

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I filed chapter 13 can creditors still keep taking money from my bank.

Contact your bankruptcy attorney immediately. He/she can file an adversarial proceeding against the companies for damages for their willful violation of the automatic stay, especially if you have informed them of the bankruptcy filing. You can even recover attorney fees for doing so.

Homestead rules

Your homestead is where you reside or where you intend to reside, which is defined as your domicile. If you intend on moving back to the house in Washington, you can claim it as your homestead and exempt it under the homestead exemption. As to where you can file, you must live in Washington for 91 days in order to file there. Until that point, you would have to file in Nevada, even if you had already moved to Washington. Regardless if you move to Washington and wait the 91 days, you cannot...

Washington state bankruptcy

Another thing that you will have to consider is WHEN you accumulated the debt in question. There are some very specific rules and guidelines regarding when you file the bankruptcy and how long before that the debt was incurred. The court will also look at what you bought. For example, if you bought a big screen tv with one of the department store cards a month before you filed, this would probably be considered a luxury item purchased within 90 days prior to your filing and the debt would...

Procedure for filing for bankruptcy protection, chapter 7, chapter 13

While it is correct that you need a "source of income" to qualify for a Chapter 13 plan to be confirmed, that "source" can be anything as long as it is a steady, identifiable source of income, which your government payments to return to school may qualify as. Contact a bankruptcy attorney who can look at the income source and determine whether it would qualify or not.

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401K loans? How to handle them in Chapter 7 filing

It depends on your jurisdiction. In the District of Idaho and Eastern District of Washington the 401k loan is considered a secured debt and the continued deduction for the loan payment from your husband's paycheck is considered an allowable deduction. Anyone reading this question and responses should consult with an attorney in their jurisdiction for the proper legal advice.

If a vehicle is repossessed, are you still responsible for the debt remaining after the vehicle is auctioned?

The short answer is yes, he is reponsible for the remaining balance on the vehicle. Just because the vehicle was repossessed does not remove his contractual liability for the debt. He can file bankruptcy and include the debt which will remove his liability for the balance. Short of that, he will probably be responsible unless he has some other way to fight the collection action i.e. void contract, etc. Tell him to contact an attorney right away to discuss his options.