Legal Question in Bankruptcy in Indiana

Bankruptcy

I will be filing bankruptcy on my own this month. I do not have income, but I get refund checks (dispersed loans) from school every so often. I won't get another refund check until next month. Will my check be taken after I file bankruptcy?


Asked on 7/03/09, 12:58 am

1 Answer from Attorneys

William Nesmith Dunlap & Nesmith, LLC

Re: Bankruptcy

I don't fully understand your question. If you are recieving some sort of refund, then it's possible the trustee might claim the entire debt. It sounds like those are debts owed to you and must be disclosed on your Schedule B as either liquidated or unliquidated debts.

But from your description, it sounds like these are disbursements of student loans. If that is the case, then no, they are not property of the trustee and are not assets, but are, in fact, liabilities. In this case they would constitute debt.

Bankruptcy is full of complications and pitfalls, even for experienced lawyers. Judges and lawyers who don't practice in Bankruptcy Court are often quite puzzled by how the process works, since it is, at bottom, non-adversarial (unlike criminal case, divorces, etc.).

So my further advice is to get an attorney to help you with this.

Good luck!

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Answered on 7/03/09, 11:54 am


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