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"Filing Bankruptcy In Indiana" Discussion

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Professional Q&As for "Filing Bankruptcy In Indiana"

Upsolve Community Member
2021-12-16

Should I wait to file taxes until after my bankruptcy goes through?

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Community Replies:

Upsolve Community Member
Assuming you're talking of your 2021 tax return, it won't really make a difference to the timing of your discharge but chances are that the case will stay open until after you've filed your tax return and sent a copy to your trustee. 

Upsolve Community Member
I was under the impression that it doesn't really matter when you file them it matters more when you file for bankruptcy. If you file for bankruptcy in June and the trustee decides to use your tax return to make payments on a debt they are entitled to half of it. If you file in March then they are entitled to a quarter of it. However you can also file exemptions to exempt your tax returns in a lot of situations and there are plenty of people whose tax returns are not taken at all. I believe though that if you file in January and February there was some sort of thing about them still being entitled to the whole thing but I'm not exactly sure how all of that works but I will say probably the best thing to do is file an exemption. Research a wild-card exemption as well as whether the child tax credit and earned income credit can be used in bankruptcy cases in your state

Upsolve Community Member
Okay so I’m filing in Indiana. Do I need to list my eic from my tax refund as an exemption or do I subtract the eic from my total refund and only ask to exempt the remaining portion of my refund? I guess I’m asking if the trustee automatically doesn’t take your eic? Also, I’ve read that they can’t take your ctc this year because of Covid? Is this true?

Upsolve Community Member
2021-12-15

How much is the fee to file in Indiana?

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Community Replies:

Upsolve Community Member
The court filing fee is the same in all states. It's $338 for a Chapter 7 case. 

Upsolve Community Member
The Upsolve article https://upsolve.org/learn/how-much-does-bankruptcy-cost/ has a great breakdown of bankruptcy costs (and it has a handy infographic that includes information on qualifying for fee waivers). 

Upsolve Community Member
2021-12-01

If I am actually in Florida but live in Indiana which state do I use??? They just repoed my car and now I am stuck, can filing get my car back so I can get back home???

1 Reactions

Community Replies:

Upsolve Community Member
Have you been in Florida at least 91 days? 

Upsolve Community Member
This article explains what's important to consider when https://upsolve.org/learn/bankruptcy-after-moving/. 

Upsolve Community Member
This might help too! https://upsolve.org/learn/car-repossession-101/ Thanks for asking! 

Upsolve Community Member
2022-01-05

I received my chapter 7 court discharge letter in the mail. Thanks to Upsolve Team for making this possible, its a new beginning for me. Thank you once again guys.

45 Reactions

Community Replies:

Upsolve Community Member
Hi. Did you do it all yourself or hired a lawyer. Thinking about filing chapter 7 and not sure if I should hire a lawyer or do it myself 

Upsolve Community Member
Congratulations Olakunle! The new year is off to a good start! Thanks for sharing your experience with Upsolve. 

Upsolve Community Member
Hi Taneshia, Yes I filed through Upsolve with $300 court fee. Good luck!

Upsolve Community Member
YESSSSSSS!!!!!  Congratulations Olakunie! Fresh Start in 2022!!! wooohooo! :-)

Upsolve Community Member
Congratulations! Happy 2022!! 

Upsolve Community Member
Conrgrats Olakune! Can you please share with us how long the process took? Also, by not hiring an attorney and going this way, during the whole process, does that stop the creditors from calling or filing judgements?

Upsolve Community Member
Congratulations on your discharge!! Woo hoo! After a hard-earned celebratory breather, you might want to do a quick read of Upsolve's tips in the article https://upsolve.org/learn/chapter-7-discharged/ to start reading up on how to rebuild your credit after bankruptcy. Congrats!! We're so happy for you!!

Upsolve Community Member
May 13, 2021 - completed my Chapter 7 Questionnaire with Upsolve June 26, 2021 - Uploaded all required documents ( Bank statements, ID copies) etc. July 14, 2021 - Filed with court in person, Filing fee $338July 2021 - completed my online Financial Management course Aug 27, 2021 - Teleconference meeting with creditors / Trustees Sept 24, 2021 - rescheduled meeting with Creditors / Trustees Oct 29, 2021 - rescheduled meeting with creditors / Trustees Oct 29, 2021 - Report of No Distribution filed by Trustee Nov 29. 2021 - Order discharging debtor signed Nov 29, 2021 - Final decree signed Dec 1, 2021 - Notice date

Upsolve Community Member
Hi Saed H, It's up to you if you wanna use a lawyer or not but in my experience during my research I figured out that using a lawyer will not make any difference except paying thousands of dollars that I can't afford. Remember you're trying to get rid of debts so you don't wanna end up paying someone money you can't afford. Your creditors will stop calling you as soon as your file with the court. Good luck! 

Upsolve Community Member
How many months of bank statements do you have to provide

Upsolve Community Member
Hi Sereathia D it depends on individual circumstances, in my case my trustees requested for 3 months which must cover the last transaction date on my bank statement...I already got a Charge-Off on my accounts since April 2020 so I visited one of the branches to request for Feb - March - April statements which arrived in the mail about 10 business working days later. 

Upsolve Community Member
2021-12-08

Feeling anxious about filing bankruptcy

36 Reactions

Community Replies:

Upsolve Community Member
Deep breath and don't hesitate to share your questions with this community as you go through the process. 

Upsolve Community Member
Thank you 

Upsolve Community Member
Barbara, I'm thinking of asking Upsolve to open a "Deep Breathing" Room because there are many fellow Upsolvers who have been financially stressed out for quite some time now. Ugh! But relief is on the way. Start envisioning your life a few months from now without that giant weight on your back. It's a good feeling, this FRESH START! Until then, as Andrea says, deep breaths -- 3 of them!                            Good luck! :-)

Upsolve Community Member
It's so normal to feel anxious, coming here and sharing this is a big first step. Keep us posted on how you're feeling and don't hesitate to post any questions/comments that come up along the way! 

Upsolve Community Member
I like the deep breathing room idea! 

Upsolve Community Member
https://upsolve.org/learn/the-automatic-stay/ will keep bill collectors from calling and will stop collection activity so that should help provide some stress relief! 

Upsolve Community Member
Thank you all for the encouragement. I’m going to work on completing my bankruptcy package this weekend so I can get it mailed out on Monday. I think a deep breathing room is a wonderful idea. I’m looking forward to relieving the stress & anxiety I feel with my debt issues. 

Upsolve Community Member
I’m stuck, someone help! Please

Upsolve Community Member
Is there anyone online that can answer my questions?


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