The Lohmeyer Law Office FindLaw IM Template2026-10-06T02:57:53Zhttps://www.lohmeyerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603974/2022/09/cropped-lohmeyer-site-icon-32x32.jpgOn Behalf of The Lohmeyer Law Office<![CDATA[How Chapter 7 bankruptcy affects joint debts in Indiana]]>https://www.lohmeyerlaw.com/?p=466852026-10-06T02:57:53Z2026-10-06T02:57:53ZHow Chapter 7 treats shared liabilities
Chapter 7 bankruptcy handles shared debts differently based on how the debt and property are set up. Sorting accounts into three groups shows who is still on the hook and which assets are at risk:
Unsecured and cosigned debts: This group includes credit cards, medical bills and cosigned personal loans. Bankruptcy may wipe out the filer's share of the debt. However, the creditor can still go after the co-debtor who did not file.
Joint secured debts: A secured debt is tied to property, such as a home or car, that the lender can take back if payments stop. Bankruptcy may erase the filer's personal duty to pay, but it does not remove the lender's claim on the property. To keep a mortgaged home, the filer generally must stay current on payments. To keep a car, the filer usually must reaffirm or redeem the loan.
Debts on tenancy-by-the-entirety property: Indiana law protects a married couple's jointly owned home from creditors of only one spouse. That protection ends if both spouses owe the same debt. In that case the home is treated like standard property and falls under state equity limits. A bankruptcy trustee can then sell the home to pay creditors if the equity exceeds those limits.
Reviewing these debt types can help filers see how much risk a cosigner faces. It also helps them decide whether to file alone or with a spouse.
Talking to an Indiana bankruptcy attorney about joint debt
Indiana's exemption rules and joint property laws overlap, so shared debt calls for a careful plan. An Indiana bankruptcy attorney can help protect loved ones who are not filing, make full use of legal exemptions and set up a fresh financial start.]]>On Behalf of The Lohmeyer Law Office<![CDATA[When can you file for Chapter 7 bankruptcy again?]]>https://www.lohmeyerlaw.com/?p=466832026-09-20T14:18:26Z2026-09-20T14:18:26ZThe Chapter 7 waiting period
Courts usually measure the waiting period from the filing date of your earlier Chapter 7 case, not the date they entered the discharge. If you file again too soon, you may not be eligible for a discharge in the new case. That can limit the debt relief Chapter 7 is meant to provide.
Calculating your eight-year eligibility window
For example, if you filed a prior Chapter 7 case, you must wait until the full eight-year mark from that exact filing date has passed before submitting a new petition. Even a single day's error can make you ineligible for a discharge, which is why confirming the exact filing date of your previous case is essential before moving forward.
What Indiana filers should know
Indiana bankruptcy cases are filed in the appropriate U.S. Bankruptcy Court district for the filing location. Because Chapter 7 discharge rules are federal, the same waiting period generally applies throughout the state. Before filing again, confirm:
The exact filing date of your previous Chapter 7 case
The date of the discharge you received
The date you plan to file the new case
Your eligibility under current Chapter 7 means test requirements
Taking these steps ensures you are fully prepared before proceeding with a new bankruptcy filing.
How to check your prior case
If you do not know the exact dates from your earlier case, you can review bankruptcy records through PACER, the federal court records system. You can also contact the court where the case was filed.
Confirming your filing date before you file again
Do not rely on the date the court entered your discharge. The filing date of the earlier case is usually the key date. An Indiana bankruptcy attorney can review your prior case, confirm the dates and help you decide whether another Chapter 7 filing is likely to qualify for a discharge.]]>On Behalf of The Lohmeyer Law Office<![CDATA[Can bankruptcy stop a car repossession in Indiana?]]>https://www.lohmeyerlaw.com/?p=466812026-09-16T09:02:38Z2026-09-16T09:02:38ZFalling behind on car payments can put your vehicle at risk of repossession. For many people in New Albany, losing a car can also make it harder to get to work, take children to school or handle daily needs. Bankruptcy may provide a way to pause collection efforts, including some repossession actions. However, the protection does not always mean you can keep the vehicle permanently.
How bankruptcy can pause repossession
Filing for bankruptcy generally triggers an automatic stay. This stay stops most collection actions against you and your property while it remains in effect. A lender generally cannot continue efforts to repossess your car during the stay without getting permission from the bankruptcy court.However, timing matters. If a lender already repossessed your vehicle before you filed, filing bankruptcy does not automatically undo the repossession. The circumstances of the repossession and the type of bankruptcy you file can affect what happens next.
Keeping your car after filing
Bankruptcy can pause a repossession, but keeping the car requires more than stopping the lender temporarily. Your options may depend on whether you file Chapter 7 or Chapter 13 and whether you can keep up with the loan.Chapter 7 can clear certain debts, but it does not automatically remove the lender’s claim against your car. If you want to keep the vehicle, you generally must continue meeting the loan terms or take another option allowed under bankruptcy law.Chapter 13 works differently. Eligible individuals can create a repayment plan that generally lasts three to five years. The plan may help you catch up on past-due car payments while keeping the vehicle.Several factors can affect what happens to your car after filing, including:
Whether the lender has repossessed the vehicle
Whether you have missed any payments
Whether you can afford the car payments
Whether you qualify for Chapter 7 bankruptcy
Whether you qualify for Chapter 13 bankruptcy
Reviewing the loan documents, payment history and timing of the repossession can help show how bankruptcy may affect your vehicle. Legal assistance can also help you compare your options based on your debts, income and car loan.
Keeping the wheels turning
Bankruptcy may give you time to address a car loan before you lose your vehicle. Still, the automatic stay has limits and does not erase the lender's rights in the car. Understanding how those rules apply to your specific situation can help you make informed decisions about your vehicle and your debts.]]>On Behalf of The Lohmeyer Law Office<![CDATA[How Indiana families can clear debt with Chapter 7]]>https://www.lohmeyerlaw.com/?p=466792026-09-07T08:57:34Z2026-08-25T09:10:48ZSteps to take before filing Chapter 7
Chapter 7 bankruptcy may allow families to eliminate certain unsecured debts. However, bankruptcy does not discharge all debts. Several factors can affect how Chapter 7 may address their financial situation:
Knowing which debts may be discharged: Families should review each debt to understand whether Chapter 7 can eliminate it. Chapter 7 can typically discharge credit card debt. However, federal bankruptcy law protects certain debts from discharge.
Checking eligibility for Chapter 7: If a family’s current monthly income exceeds Indiana’s applicable median income for a household of the same size, they may need to complete a second means test. The test determines if allowable expenses permits them to remain in Chapter 7.
Reviewing property: Filing Chapter 7 does not necessarily mean families will lose all their property. However, exemptions can protect certain assets from creditors. Because Indiana has opted out of the federal bankruptcy exemptions, families generally must rely on Indiana exemptions along with certain applicable federal non bankruptcy protections.
Completing required steps: Before filing, applicants usually must complete credit counseling with an approved credit counseling agency within 180 days before filing. In addition, they must complete a financial management course after filing but before receiving a discharge in the bankruptcy case.
Families should also consider the effect of bankruptcy on credit restoration after completing the case.
Starting the Chapter 7 process
Chapter 7 may provide families with a way to address qualifying credit card debt and work toward a fresh financial start. Consulting with a bankruptcy lawyer can help them understand their options before they proceed.]]>On Behalf of The Lohmeyer Law Office<![CDATA[Can you file Chapter 13 bankruptcy if you are self-employed?]]>https://www.lohmeyerlaw.com/?p=466782026-08-12T07:03:35Z2026-08-12T07:03:35ZKey requirements for Indiana filers
To use Chapter 13 as a self-employed person, you should meet certain basic rules set by federal and Indiana state bankruptcy rules:
Proof of steady income: Debtors must show sufficient regular income to fund the monthly plan payments. Because self-employed filers lack traditional W-2 pay stubs, Trustees often ask for detailed documentation, including tax returns, bank statements and profit-and-loss statements.
Business structure distinction: Sole proprietors file personal bankruptcy, which directly covers both personal and business debts. However, limited liability companies (LLCs) and corporations cannot file Chapter 13 bankruptcy themselves. Owners of these entities must file individually to resolve personal liability or personal guarantees tied to business loans.
Indiana property exemptions: Indiana has opted out of federal exemptions requiring filers to use exemptions under Indiana state law. Indiana uses its own exemption system, which may protect certain home and business assets depending on the type and value of the property.
The Chapter 13 trustee will look closely at self-employed filers. You must keep clear records, send in regular reports on your business income, pay your estimated taxes on time and keep your business insurance active while you are in the bankruptcy plan.
Protecting your business future
Filing for Chapter 13 in Indiana is a helpful way to prevent banks from seizing your home or equipment and protect your wages from creditor garnishment. By turning your debts into monthly payments and reaching out to a skilled bankruptcy attorney, you could protect your business and get your finances back on track.]]>On Behalf of The Lohmeyer Law Office<![CDATA[Can you file Chapter 7 bankruptcy twice?]]>https://www.lohmeyerlaw.com/?p=466772026-07-28T18:39:21Z2026-07-28T17:19:34ZKey filing and discharge factors
There is no legal limit for how many times you can file for bankruptcy. However, strict federal laws dictate how often you can receive a discharge, the court order that erases your eligible debts. Knowing the important waiting periods between filing is essential for planning the next steps, such as:
Chapter 7 to Chapter 7: You generally have to wait eight years from the first Chapter 7 filing date to receive a new discharge in a new Chapter 7 filing.
Chapter 7 to Chapter 13: If you have already filed Chapter 7, there is a four-year waiting period from the filing date to get a discharge in a subsequent Chapter 13 bankruptcy.
Chapter 13 to Chapter 7: If you have already filed Chapter 13, you generally have to wait six years from the filing date to receive a Chapter 7 discharge. This waiting period might be waived if you paid back at least 70% to 100% of your unsecured debts.
Filing without a discharge: If your first case is dismissed without a discharge, the wait time might be shorter. However if the dismissal was due to non compliance or failure to follow court orders, you would have to wait at least 180 days before filing again.
While these discharge frameworks are standard under federal law, the property protections are local. Indiana has opted out of federal bankruptcy exemptions. Therefore, when filing for Chapter 7 in Indiana, you should use Indiana‘s state exemption laws to protect your home, vehicle and personal property from liquidation.
Protecting your assets
A past bankruptcy doesn’t permanently bar you from financial relief. Understanding these timelines keenly with the help of an experienced Indiana attorney could help you with the next filing and protect your rights.]]>On Behalf of The Lohmeyer Law Office<![CDATA[Can bankruptcy stop foreclosure in Indiana?]]>https://www.lohmeyerlaw.com/?p=466762026-07-23T10:17:45Z2026-07-23T10:17:45ZHow bankruptcy affects foreclosure
Filing for bankruptcy usually triggers an automatic stay. This court order temporarily stops most collection efforts, including foreclosure proceedings. The automatic stay arises under 11 U.S.C. § 362, giving many homeowners time to consider their next steps. Understanding what happens next is important.
Chapter 7 and Chapter 13 offer different options
Chapter 7 and Chapter 13 bankruptcy affect foreclosure in different ways:
Chapter 7 may put a temporary pause on a foreclosure while the bankruptcy case is pending. However, if you cannot catch up on missed mortgage payments, the lender may eventually continue the foreclosure process.
Chapter 13 allows eligible homeowners to propose a repayment plan that can include overdue mortgage payments over three to five years. Under 11 U.S.C. § 1322(b)(5), many borrowers may cure a mortgage default while maintaining current payments, helping them avoid foreclosure if they meet the plan requirements.
These differences can affect which option best fits a person's circumstances.
Understanding Indiana Foreclosure Procedure
Foreclosure in Indiana is a judicial process. Lenders must file a lawsuit in court rather than using a nonjudicial method. This process follows set steps. You will typically receive a preforeclosure notice as required by your mortgage contract or state law. If you default, the lender files a complaint, starting the timeline that leads to a judgment and, eventually, a sheriff's sale. Indiana law grants homeowners specific rights, including the right to redeem the property before the foreclosure sale occurs by paying the full judgment amount, interest, and costs. However, Indiana law does not provide a right of redemption after a mortgage foreclosure sale. Because the process is complex, consider consulting with housing counselors or legal aid.
Timing matters
Waiting too long to file may reduce the available options. Once a foreclosure sale takes place, bankruptcy protection options become significantly more limited and it may become much harder to keep the property. Acting before the sale gives the bankruptcy court an opportunity to apply the automatic stay and, in some cases, allows a Chapter 13 repayment plan to move forward. Because foreclosure timelines move quickly, understanding your options early may provide more opportunities to protect your home.
Bankruptcy can stop foreclosure in Indiana, at least temporarily. Also, Chapter 13 may provide a path to keep a home for eligible homeowners. Every situation is different, so it is important to understand how bankruptcy laws apply to your circumstances. If you have questions about this topic, you may consider reaching out to a legal professional for guidance.]]>On Behalf of The Lohmeyer Law Office<![CDATA[How long do creditors have to file probate claims?]]>https://www.lohmeyerlaw.com/?p=466742026-06-30T17:08:14Z2026-06-30T17:08:14ZCreditors must file claims promptly
Every state has different rules regulating creditor rights in a probate scenario. State statutes provide a limited window of opportunity for creditors to request payment from an estate. Typically, creditors have no more than three months from the date when they received notice of estate administration to file claims for payment.
Personal representatives typically send direct notice to known creditors. They also publish notice advising unknown creditors about probate proceedings to ensure that the claim window closes as quickly as possible.
Only after they have given creditors enough time to submit claims can they move forward with the distribution of the assets that remain in the estate. Allowing adequate time for creditor claims is important for the protection of a personal representative, as they may become personally financially liable if they fail to provide notice or improperly distribute estate resources.
Having support during estate administration can help personal representatives limit their liability and help beneficiaries or heirs know what to expect. After the creditor claims period has passed, personal representatives can move forward with liquidating assets or distributing them to beneficiaries in accordance with the instructions of the decedent.]]>On Behalf of The Lohmeyer Law Office<![CDATA[Will an inheritance become part of the bankruptcy process?]]>https://www.lohmeyerlaw.com/?p=466732026-06-24T07:26:28Z2026-06-24T07:26:28ZIn Indiana bankruptcy cases, inheritances are not automatically off-limits just because they come from family or arrive unexpectedly. The rules determine whether the money or property is treated as part of the assets available to pay creditors.
What happens to an inheritance in bankruptcy is rarely as straightforward as people assume, and the outcome often hinges on details that are easy to miss.
The 180-day rule
One of the most important triggers is timing. If you become entitled to an inheritance within 180 days of filing for bankruptcy, it can be pulled into your bankruptcy estate. That means even a well-meaning inheritance intended to provide relief can shift direction once it enters the legal process, depending on how and when it arrives in relation to your filing.The clock starts running on the date of death, even if the estate is still in probate or the funds have not yet been distributed to you. Once inside that 180-day window, the inheritance is treated like other non-exempt assets. A trustee may review it and determine whether it should be used to repay creditors. Chapter 13 is somewhat different. Because Chapter 13 cases stretch across years, any inheritance received during that repayment period can potentially be claimed by the bankruptcy trustee to increase payouts to creditors, depending on how your plan is structured and how the inheritance is classified.
Exemptions and what you may still be able to protect
Indiana's exemption statutes may shield some inherited assets from liquidation, though the protection isn't automatic or unlimited. Certain exemptions apply to specific types of property, and the value you can protect depends on what you've already claimed elsewhere in your case.If you're anticipating an inheritance before filing or one arrives unexpectedly mid-case, understanding your options early can put you in a much stronger position than reacting after the trustee gets involved.]]>On Behalf of The Lohmeyer Law Office<![CDATA[How long is a Chapter 13 bankruptcy repayment plan?]]>https://www.lohmeyerlaw.com/?p=466722026-06-04T10:47:28Z2026-06-04T10:47:28ZEach repayment plan is unique
There is no set formula for determining how long a Chapter 13 repayment plan should last. The federal rules governing Chapter 13 bankruptcy allow for anywhere from three to five years of structured payments.
Filers negotiate the terms of repayment plans at a meeting overseen by the court-appointed trustee and attended by creditor representatives. How long payments last and how much a filer pays depends on their overall debt level, the nature of the debts and their current finances. There is often an expectation that people should allocate the majority of their disposable income to their Chapter 13 payment plans.
People preparing for Chapter 13 bankruptcy may need help evaluating their finances and preparing to propose a specific repayment plan. Partnering with a Chapter 13 bankruptcy attorney can make it easier for those concerned about adhering to a repayment plan to pursue terms that are sustainable.]]>