Questions answered by David J Kelly

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Can a Chapter 7 discharge be granted to a debtor before an adversarial proceeding filed against the debtor is decided?

David's answer | Answered on August 22, 2016

Typically your adversarial proceeding only applies to the debt owing to you. The creditors who didn't object have the debts owing to them...

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Should I stop making payments on a student loan and credit cards/declare bankruptcy, can they touch SS or pension income?

David's answer | Answered on August 18, 2016

There is such a thing as being judgment proof, meaning that you don't have anything a creditor can take away. It's a legal version of the old song...

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Can I include criminal restitution with other debt when filing bankruptcy?

David's answer | Answered on August 18, 2016

Not dischargeable, at least not where I practice. You are required to list all your debts, so you would be required to list that one as well; but...

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My spouse had a HELOC in his own name during our marriage but he had it discharged in bankruptcy. Can he still agree to pay?

David's answer | Answered on August 10, 2016

This is something you really need to consult about with a lawyer in your own state. Practices and laws, particularly family laws, vary from state...

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What would be the best course of action in this situation, please? This is regarding a debt that is supposedly secured.

David's answer | Answered on August 08, 2016

Well, I'm next door to you here in Minnesota. My first suggestion is that you consult your own attorney on this. If you are filing the case pro...

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Can I be on a payment plan with a creditor if I filed a Chapter 13 bankruptcy with that same creditor listed?

David's answer | Answered on August 05, 2016

The answer to your question - at least if you filed here in Minnesota where I practice - is no. Your Chapter 13 bankruptcy and your Chapter 13...

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We are a married couple considering a chapter 7 bankruptcy. what would we need to start to gather in order to have a realistic

David's answer | Answered on August 05, 2016

All the suggestions here are good. I might add that many attorneys such as myslef have questionnaires and other forms on their web sites that you...

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How can I tell if bankruptcy is the best option for me?

David's answer | Answered on August 05, 2016

There is no minimum debt amount provided for in the bankruptcy statute. Technically you could file a bankruptcy on five cents of debt. It would...

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Private student loan added in bankruptcy, would I have received notice if it wasn't accepted?

David's answer | Answered on August 05, 2016

Sounds as if you were not well advised.

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How do you know when you have found the right attorney to represent you in a complex bankruptcy case?

David's answer | Answered on August 04, 2016

I have agreed with most if not all of the other answers here. I would just add one thing. I think it's a good sign if the lawyer you choose is a...

David J Kelly's Answers (196)

Can a Chapter 7 discharge be granted to a debtor before an adversarial proceeding filed against the debtor is decided?

Should I stop making payments on a student loan and credit cards/declare bankruptcy, can they touch SS or pension income?

Can I include criminal restitution with other debt when filing bankruptcy?

My spouse had a HELOC in his own name during our marriage but he had it discharged in bankruptcy. Can he still agree to pay?

What would be the best course of action in this situation, please? This is regarding a debt that is supposedly secured.

Can I be on a payment plan with a creditor if I filed a Chapter 13 bankruptcy with that same creditor listed?

We are a married couple considering a chapter 7 bankruptcy. what would we need to start to gather in order to have a realistic

How can I tell if bankruptcy is the best option for me?

Private student loan added in bankruptcy, would I have received notice if it wasn't accepted?

How do you know when you have found the right attorney to represent you in a complex bankruptcy case?