It's surprising that a bankruptcy lawyer would enable you to sign without first reading the documents. One of the questions normally asked by any bankruptcy trustee at the 341 meeting is whether the signature on the Petition is...Read more »
The Official Bankruptcy forms, which every bankrupt must fill out completely, and sign under penalty of perjury, ask all kinds of questions about your assets and ownership interests, including the specifics about any claim you may have against others, as well as all claims others may have against...Read more »
The only way to "stop the bankruptcy" is by a dismissal of the case, prior to entry of a discharge, and the grounds for dismissal are mostly centered upon a bankrupt's circumstances preceding the filing, and the full disclosure of those circumstances on the bankruptcy Schedules....Read more »
I have a title loan on my car and I filed for chapter 7 in middle court of Florida. I checked that I wanted to keep making payments because I didn’t want to reaffirm or give up my vehicle. My car is exempt. I was wondering if I had to keep making payments during chapter 7 proceedings or would i... Read more »
The Bankruptcy Code gives a Ch. 7 debtor three choices of how to handle a secured claim- surrender the collateral to the creditor in full satisfaction of the secured claim; redeem, i.e., pay the secured claim in cash, or reaffirm the debt.
Perfected liens against collateral are NOT...Read more »
Unpaid federal income tax debts become dischargeable two years and four months after the tax return is filed with the IRS. If you have filed the 2017 return more than 2 years and four months before you file a bankruptcy, the tax debt should be dischargeable, but only IF the IRS has not filed a...Read more »
If you file a Ch. 7 case, you are entitled to claim a vehicle, up to a certain amount, as exempt, if you have an ownership interest in that vehicle. If your name is not on the title of the car, as a joint owner, you can probably not claim it as exempt property.
This is if both the defendant and attached business are named in the settlement. There would be a stipulation for entry of judgment attached to the settlement. The concern is the defendant defaulting and possibly filing bankruptcy prior to making payments.
If your claim against the individual defendant falls within one or any of the exceptions to discharge, you/your lawyer should draft your settlement documents to clarify that, i.e., borrow/paraphrase the language of the bankruptcy exception.
Note that the bankruptcy court has the power to...Read more »
My father got involved with a woman facing legal troubles and believes he is funding a big top secret lawsuit against a gov. agency. However, no legitimate lawyer is ever produced when asked and some tragic event always occurs to prolong the case. It's been 5 yrs. He gave away all of his... Read more »
If your father refuses to sign any documents, even for a loan from you, you can (if the amount is doable) approach the holder of the Note and Mortgage and offer a pay-off in exchange for an assignment of the existing Mortgage and endorsement of the Note to you. The bank should be happy to work...Read more »
If the deed was held in your father and step-mom's names as joint tenants, with right of survivorship, or tenancy by entirety, then when he died, yes, "everything", including full legal title to the property, went to her.
If the deed says they held title as tenants in common,...Read more »
When you file for bankruptcy relief, no matter which chapter, you must list ALL of your assets, under penalty of perjury. In other words, you must "include" your home, and all other assets, by identifying it on the sworn Schedules you must file.
If your auction was a sheriff's sale pursuant to a foreclosure judgment, the successful bidder at the sheriff's sale gets title free and clear of the mortgage debt that was the basis for the foreclosure, and all liens and charges that are junior to the foreclosed lien indebtedness. Most...Read more »
PA inheritance tax on bequests to child/children is five percent. When that is paid, the property enjoys a "stepped up basis", so that on a subsequent sale of the property, any capital gain is computed as the difference between the stepped up basis and the sale price, both for PA and...Read more »
If you listed all your "old collectors"/creditors names and addresses on your prior bankruptcy schedules filed with the court, and the bankruptcy court has entered its Order of general discharge, then you're good/safe, and if any of your old discharged unsecured creditors attempt in...Read more »
The simple answer is- yes. Your siblings cannot sell/transfer your interest in the real estate if you are a record owner of it. However, if the property is held in a pending probate case, the executor/administrator may have a power to sell the property, subject to notice to all heirs at law and...Read more »
I litigated this issue about a car dealership a few years ago.
Chrysler sent their ace litigator out of Kansas City to try the hearings in Philadelphia, trying to cancel the franchise. The judge let our debtor keep the franchise and sell it for $400K to a new franchisee....Read more »
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