answered on Jun 1, 2023
The simple answer to your simple question is "No". A quitclaim deed merely transfers whatever interests the grantor has in the realty, not the personalty.
The more difficult question, perhaps, is what all is realty and what is not?
In PA, generally speaking, items so... Read more »
I live with my mom and my brother ,and my mom getting SSI income $850 a month. and she has like 15K credit card debt . My brother file his taxes individually and I claim my mom as a dependent, and for last few years I was paying her bills but I can't do it any more . Me and my brother... Read more »
answered on May 28, 2023
Your question lacks a number of critical facts, e.g., whether your mother claims the two of you as "dependents" on her income tax returns, etc. In addition, from your question, I do not think you comprehend what/how your mom's income is computed.
That said, your best path is... Read more »
I realize x amount of funds are exempt but will the personal injury case itself be stopped? What happens with their medical bills regarding the suit and the suit itself?
To be clear, I am in the court process with the defendant on the personal injury lawsuit that happened prior. I know any... Read more »
answered on May 26, 2023
You most probably already have Oklahoma bankruptcy counsel representing you, and he/she would no doubt be your best source of information and advice about these issues, especially because counsel would probably be familiar with the bankruptcy judge and Ch. 7 trustee assigned to your case.... Read more »
answered on May 21, 2023
If you file for Chapter 13 relief, there is a "co-debtor stay" that takes effect when the Petition is filed with the bankruptcy court, which pertains to claims that are "dealt with" by the Plan.
If you file for Ch. 7 relief, there is no co-debtor stay, and the vehicle... Read more »
I just want to know what agencies or anything can collect debt out of my Georgia lottery winnings when I go to collect. Like will medical bills cell phone carriers, credit card companies?
answered on May 20, 2023
You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.
If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders.... Read more »
My husband and I bought this lot in 2014 and we have a quit claim deed can if we file chapter 7 can bankruptcy take it
answered on May 20, 2023
A Chapter 7 bankruptcy trustee stands in the shoes of the debtor with respect to all assets of the estate.
The bankruptcy schedules require you, under penalty of perjury, to list all your assets.
The answer to your question is yes, the property, if it has equity value, can be sold... Read more »
answered on May 19, 2023
A reliable answer to your question can only be given after a full review of your respective financial circumstances.
That said, domestic relations SUPPORT obligations (spouse or children) are generally not modifiable by a bankruptcy court. However, payments in the nature of property... Read more »
The car needs $8000+ in repairs mechanically and the car is not worth that so it is pointless to dump money into it. I’m wondering if I can just surrender the car and continue to make payments on the loan or will there be serious issues with that. Can they take it and sell it and allow me to make... Read more »
answered on May 17, 2023
Once a bankruptcy case is filed, the Code provides that you can tender the collateral to the secured lender in full satisfaction of the secured portion of its claim (there may be disputes about the value of the collateral).
Short of a bankruptcy filing, you can certainly offer the car to... Read more »
Surgical hospital sued me back in October 2017 and the surgery was in November 2012. I was served papers to answer their question and sent it back and that was the last time I heard anything but I filed chapter 7 and the surgical hospital was in it and was discharged. I tried selling my house and... Read more »
answered on May 16, 2023
Not surprisingly, your question is missing some important facts.
General rules- Entry of a judgment, under State law, usually becomes a lien against all property in the state owned by a judgment debtor.
A bankruptcy filing does NOT discharge a perfected lien; in a Chapter 13,... Read more »
my brother filed Chapter 13 bankruptcy. The bankruptcy was dismissed in 2020 due to lack of payment and unfiled paperwork. It appears from the bankruptcy paperwork he did file that he did not mention the inheritance (possibly because he didn’t know what the final amount would be). It’s now... Read more »
answered on May 15, 2023
As your brother's bankrkuptcy was dismissed, for cause, three years ago and no appeal from that dismissal is pending, you may proceed as if the bankruptcy was never filed (there's a specific Bankruptcy Code section that says that).
For that reason, I recommend that you proceed to... Read more »
I signed reaffirmation agreements for my car and a credit card and I would just like to know how long does it take to be filed and received by the court. I know when you file bankruptcy that it is received by the courts pretty quickly so I was wondering if it worked the same way with reaffirmation... Read more »
answered on May 12, 2023
Every Reaff Agreement is exactly that, a mutual agreement between a debtor and the creditor, all subject to approval by the Court.
Authorized signatures of both parties is of course required.
Once aa mutually subscribed Reaff Agreement, with Motion and Affidavit is in hand,... Read more »
She quit paying and didn’t tell me she filed. I found out too late to be added to bankruptcy. What’s the best way to get my money back? We signed a promissory note.
answered on May 11, 2023
A chapter 13 bankruptcy case can last up to five years from its filing.
You do not say when the bankruptcy was filed, nor when you discovered it.
Omission of a creditor, who does not learn of the case in timely fashion (i.e., before a Discharge is entered, etc.) is a huge risk by... Read more »
I recently had a repossession on my car I decided to file bankruptcy to obtain the automatic stay. When I presented the automatic stay to my creditor they informed me that I would have to get the 13 plan in before they can release my car to me. Is that an accurate statement? How do you fill out the... Read more »
answered on May 10, 2023
Under very recent US Supreme Court opinions (thanks Justices Thomas, Alito et al.), a vehicle-secured lender (already under special bankruptcy code protections against modifcation of a finance done within 2 years and 9 months of the bankruptcy filing date), now enjoys a further right to demand... Read more »
answered on May 7, 2023
It's pretty common practice for creditors, including secured creditors, to be reluctant to send any Statement showing balance due to a debtor; sending the invoice to debtor's counsel probably avoids a contempt citation.
In addition, it is common for debtor's counsel to alert... Read more »
My mortgage is paid and I am without any debt.
I do not want any government interference.
answered on May 6, 2023
Your outcome rests largely with the type of trust you choose. If you retain powers over it, e.g., to terminate it, name a trustee, amend it, etc., whatever you place in the trust will most probably be includable in your Estate. If you divorce yourself from a long-term trust, no retained powers,... Read more »
One of my good friends is getting married, however her fiancé is still on the mortgage to his previous house with his ex-wife. She hasn’t paid it in close to a year. If the bank forecloses, and there ends up being a deficit judgement, will that affect my friends home too (assuming they go... Read more »
answered on May 2, 2023
If the new husband is not on the existing deed to your friend's home, and they do are not joint obligors on any other debts, e.g., credit cards, etc., a foreclosure against the "divorce home" should have no legal impact upon your friend's home or mortgage.
To the extent... Read more »
We live in WA state. Debt is personal loans and credit cards. The personal loans are in my name alone. I am the owner of the credit cards, but my wife is a co-borrower. She has no income and has had no income for over 8 years. Would I have to file bankruptcy with her? If I file alone, could... Read more »
answered on Apr 26, 2023
You can file for bankruptcy relief singly (her income would be considered in a determination of "abuse of the bankruptcy system", but you appear to be exempt from that).
If you file a Ch. 7 case, there is no legal protection in a bankruptcy that covers her. In a Ch. 13 case, the... Read more »
Or can they legally serve you by mail? What happens if you don't get the papers?
answered on Apr 21, 2023
The original Notice of the filing of a bankruptcy case is sent out by the Bankruptcy Court Clerk, not the debtor or his lawyer, but using the addresses provided by the debtor's original filings of names and addresses of creditors and other interested parties. Unreturned mail is sent back to... Read more »
The decedent died and taxes were paid some time ago, but we are still waiting for the proceeds from the class action. I know it won’t be much at all. Even if it’s a couple dollars, would we have to reopen and amend the inheritance tax that has already been paid?
answered on Apr 19, 2023
Every asset to which the decedent/Estate is entitled, or outright owns, must be valued and included in the Estate for purposes of taxation and distribution.
An expected benefit from a class action suit, if the decedent was but one of a large class, will probably be disappointing. In my... Read more »
I became disabled. I need to file chapter 7 bankruptcy. I am about to receive inherited money in new few months. The problem is i owed more than I will receive. don’t know what to do. can someone help
answered on Apr 19, 2023
As you may know, there is a provision in the Bankruptcy Code that would include assets you receive by inheritance within six months of your inheritance. In other words, kiss your inheritance goodbye.
You don't include any real facts, like, amouts of debt or probable amount of... Read more »
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