The Lohmeyer Law Office FindLaw IM Template2026-08-25T09:10:48Zhttps://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 Indiana families can clear debt with Chapter 7]]>https://www.lohmeyerlaw.com/?p=466792026-08-25T09:10:48Z2026-08-25T09:10:48Zappropriate option, families should review their financial circumstances, including their income, debts and assets. This information can help them understand whether they meet the requirements for filing and how bankruptcy may affect them.
Steps 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.]]>On Behalf of The Lohmeyer Law Office<![CDATA[Bankruptcy often is not your own fault]]>https://www.lohmeyerlaw.com/?p=466712026-05-26T15:30:42Z2026-05-26T15:30:42ZSome people know they could benefit from filing for bankruptcy, but they are still hesitant to do so. One reason is that they blame themselves. They think they made financial mistakes that led to overwhelming debt, so they believe they need to find another solution outside of bankruptcy.
The important thing to remember is that, in many cases, people file for bankruptcy because of factors that are completely outside of their control. The fact that you are facing overwhelming debt may not be your fault at all. This becomes very clear when you look at some of the top reasons people seek bankruptcy protection.
Loss of income
A reduction in income or the complete loss of a job can certainly lead to a bankruptcy filing. A monthly budget that worked well when you had full-time employment can fall apart very quickly if that income suddenly disappears.But that does not mean you chose to lose your job or did something wrong. Layoffs can affect workers who performed very well in their positions simply because a company is downsizing or struggling financially.
High medical bills
Another major reason people file for bankruptcy is medical debt. Even routine medical treatment can be expensive, and serious medical emergencies can leave a person with hundreds of thousands of dollars in debt.Again, though, a medical emergency is not something that is within your control. You also do not control the cost of medical care in your area. When you or a loved one needs treatment, you may have no choice but to accept those costs, while prioritizing health and recovery.These are just a few examples showing how bankruptcy can happen to almost anyone. If you are facing significant debt, it is important to understand what legal options may be available to help you move forward.
]]>On Behalf of The Lohmeyer Law Office<![CDATA[Who pays debts when someone passes away?]]>https://www.lohmeyerlaw.com/?p=466702026-05-13T22:22:57Z2026-05-13T22:22:57Zestate executor handles this task is that they have access to the deceased person’s assets and financial accounts. After all, it is also their job to inventory the remaining assets and distribute them according to the estate plan. This gives them the legal ability to access those accounts on behalf of the other person, and creditors can then make a claim on the estate.
The executor is not personally responsible
One important thing to note is that this does not mean the executor takes on the debt or bears any personal responsibility to pay it off. Debt is not inherited by someone else who did not agree to it in advance.
Instead, to address the obligations, they use the deceased person’s own funds from their estate. Often, the executor is obligated to pay off debts and taxes before distributing assets.
For instance, if someone had $100,000 in assets and $20,000 in debt, and they instructed that their assets be left to a specific beneficiary, the debt may need to be paid first. The beneficiary would then inherit the remaining $80,000.
Navigating estate administration
Handling debts and other obligations is just one part of the estate administration process. It helps to know exactly what legal steps to take at this time.]]>On Behalf of The Lohmeyer Law Office<![CDATA[What types of debts aren’t dischargeable in bankruptcy?]]>https://www.lohmeyerlaw.com/?p=466692026-04-30T08:26:14Z2026-04-30T08:26:14Zbankruptcy discharge can eliminate qualifying debts, but that doesn’t mean that every financial obligation is erased. A discharge order prevents creditors from attempting to collect on the discharged debts, but there are some that can’t be discharged. Understanding the difference between what debts can be discharged and which ones can’t be discharged can help people who are filing for bankruptcy protection to better understand their rights, options and legal limitations.
Common debts that may remain after bankruptcy
Domestic support obligations are among the most common debts that aren’t discharged in bankruptcy. This includes child support and alimony. Certain tax debts, including recent income taxes, tax penalties and some trust fund taxes may not be able to be discharged.
Student loans usually can’t be discharged unless the filer can prove that there is an undue hardship present, but doing so requires a separate court process. Penalties, fines and restitution that are owed to government entities will usually survive the bankruptcy process.
There are also special circumstances that surround secured debts, such as mortgages and vehicle loans. It’s sometimes possible that the filer can enter into a repayment plan, but this must be handled carefully.
Ultimately, it’s critical for anyone who’s considering a bankruptcy to understand how the entire bankruptcy process will impact them. It can beneficial to discuss your specific circumstances with a skilled legal team accordingly, so that you can learn about the options you have and how each might impact the outcome of your situation.]]>