Questions answered by Walter C Oney Jr

Archived

In Chapter 13, I have no debt (0) in unsecure priority claims,

Walter's answer | Answered on April 20, 2012

You always have to list ALL your assets. Why ever would you think otherwise?

Archived

I want to file Chap 7 BK and one of my creditors is itself in Bankruptcy. How does the BK Court handle that?

Walter's answer | Answered on April 20, 2012

Nothing special -- but if a trustee has been appointed in the creditor's case, you should notify them in addition to notifying the creditor at its...

Archived

I had a Chapter 13 bankruptcy case filed on my behalf in the Fall of '07, which was dismissed last July (long story...)...

Walter's answer | Answered on April 20, 2012

Here's your decision tree: (a) Finish making the payments and see what happens. (b) Stop making payments and see what happens. Choice (a) costs you...

Archived

WHAT CAN I DO ABOUT A COMPANY WHO PUBLICLY PRINTED PERSONAL AND CONFIDENTIAL INFO ON POSTCARD TO GET BUSINESS?

Walter's answer | Answered on April 20, 2012

The first question a lawyer will ask you is, how did this harm you? The possibility of harm to your reputation is not actionable.

Archived

Alliance one, Chapter 7 Bankruptcy Discharged?

Walter's answer | Answered on April 20, 2012

If a client came into my office with an open-container infraction in their recent past, after dealing with the bankruptcy issues, I would also...

Archived

In a chapter 13 bankruptcy is an above the median debtor allowed to continue making contributions to an approved 401k ?

Walter's answer | Answered on April 20, 2012

The Bankruptcy Code plainly allows chapter 13 debtors to CONTINUE making qualified retirement plan contributions from their paychecks. For whatever...

Archived

How much money can my company have when it files chapter 7?

Walter's answer | Answered on April 19, 2012

Then you need a different lawyer. This is a basic question for a bankruptcy lawyer. It's not a good idea to ask one or two questions online and...

Archived

Can Social Security income be used to determine a chapter 13 plan. In other words, can retiree be pushed into 13 if disposable

Walter's answer | Answered on April 19, 2012

Do not file a case pro se in Riverside. Even experienced attorneys are having trouble getting plans confirmed, and even without a hot-button issue...

Archived

Lawsuits if the lawsuit was not filed at the time of my filing bankruptcy do I have to list it

Walter's answer | Answered on April 19, 2012

If the cause of action existed on the petition date, you were obligated to disclose it as an asset. There are a great many cases in the Eleventh...

Archived

Can a business file bankruptcy with only potential liability (but no actual debt)?

Walter's answer | Answered on April 19, 2012

Yes, it's possible to file because the definition of "claim" includes uniquidated and contingent claims. But you risk dismissal for bad faith if...

Walter C Oney Jr's Answers (1350)

In Chapter 13, I have no debt (0) in unsecure priority claims,

I want to file Chap 7 BK and one of my creditors is itself in Bankruptcy. How does the BK Court handle that?

I had a Chapter 13 bankruptcy case filed on my behalf in the Fall of '07, which was dismissed last July (long story...)...

WHAT CAN I DO ABOUT A COMPANY WHO PUBLICLY PRINTED PERSONAL AND CONFIDENTIAL INFO ON POSTCARD TO GET BUSINESS?

Alliance one, Chapter 7 Bankruptcy Discharged?

In a chapter 13 bankruptcy is an above the median debtor allowed to continue making contributions to an approved 401k ?

How much money can my company have when it files chapter 7?

Can Social Security income be used to determine a chapter 13 plan. In other words, can retiree be pushed into 13 if disposable

Lawsuits if the lawsuit was not filed at the time of my filing bankruptcy do I have to list it

Can a business file bankruptcy with only potential liability (but no actual debt)?