The Official Bankruptcy Forms you are required to file whether you choose a Chapter 7 or 13 case require you to disclose your lawsuit and put an estimated value on it.

The suit will be treated as an asset of the bankruptcy estate and the bankruptcy trustee may become a replacement plaintiff... View More

A creditor may issue a garnishment to your depositary institution, which puts a (bank) hold on your account, but it is on you to file a prompt Objection (in PA, your Objection is filed with the issuing Sheriff, and must be filed in ten days from date of garnishment summons). And your bank... View More

All but a couple States have reciprocity with PA pursuant to the Uniform Enforcement of Foreign Judgments Act. (Another US State is deemed "foreign".)

Assuming your default judgment complied with the statutory procedure in Alabama, you can register your judgment in PA, serve your... View More

In this rare instance, I disagree with my colleague.

Many bankruptcy courts have held that support obligations are exclusively the province of the State domestic relations court and consequently decline to exercise jurisdiction over support payments.

Moreover, it is often held... View More

Pursuant to PA law, the opening of an Estate must be published in a newspaper of general circulation in the county in which the probate is pending. Creditors of the deceased or estate have one year from date of first publication to file a claim for payment. If the executrix distributes Estate... View More

Law school students and recent law school grads, are primarily trained to look backward, about known facts, to spot and resolve legal issues; the more experienced lawyers certainly do that, but their more valuable skills are to assist a client to plan future behavior and events.

Moreover,... View More

I've had scores of bankruptcy clients who have voiced deep regrets about debt consolidation groups.

Only a federal bankruptcy court, not any state court and certainly no debt consolidation group can provide a legal discharge of debt.

And with certain limited exceptions, no... View More

With certain exceptions under the Bankruptcy Code, which must be initiated by the debtor, perfected liens against your residence are not discharged.

You either should have known that much or asked your bankruptcy attorney in 2011 while your case was open.

Assignments of Mortgage... View More

If the current two-brother deed is held as joint tenants with right of survivorship, the filing of a Certificate of Death of one brother with Registrar of Deeds should give surviving brother a clean (and insurable) right to the whole of the property. At that point, the sole owner (surviving... View More

There are some limited ways to attack/remove liens in bankruptcy, but your post indicates that you did not do that (it is possible to reopen a bankruptcy to afford relief to a debtor).

Otherwise, a bankruptcy discharge does not remove a perfected lien, and in most jurisdictions. a judgment... View More

By federal law, further explained in Federal Regulations, a federally created credit union enjoys a lien upon all time and demand deposits of any member to secure any credit union loan to that member. The required disclosure to each member is in the pre-printed materials given to each new member... View More

While a State divorce court can award property to just one spouse, it has no p0wer to remove the other signer of a Note and Mortgage.

Nor does a bankruptcy court, as perfected liens generally remain against a bankrupt's property. But the bankruptcy Discharge will block any... View More

Filing for bankruptcy relief (generally, you are entitled to a Discharge in eight years) is a pretty serious step, and must be based upon all your present circumstances together with your future expectations.

And the cost of even the simplest bankruptcy will be close to the current value of... View More

To do the things you want (you do not state the amount involved), you can initiate a probate (to pay estate bills, and PA tax on distributions to you is five percent) if there was a Will, or an Administration if there was no Will.

I've represented financial institutions for decades,... View More

Your lawyer is only your representative, and cannot bind you to anything with which you do not agree.

Get a full explanation of what happened, and after that, explain your position. If counsel balks at your position, you have an absolute right to terminate that attorney and engage another... View More

Validly perfected liens on a debtor's property generally withstand any bankruptcy relief. Note that auto liens are afforded some special rights. The attempted garnishment, however, is a separate matter, and most probably stayed by a bankruptcy filing.

Personal injuries to another... View More

If there was a Will, it probably should be submitted to the probate court (you don't mention a Will, or whether the property was in your mom's name alone, or some other way).

If probated, the personal representative named in it would probably be appointed by the Court.... View More

You will have signed the Official Bankruptcy forms that ask you for all debts owed on the date of filing, under penalty of perjury, as of the date of your bankruptcy petition filing, as well as the Statement of Affairs, which ask about past payments of debt.

In addition, all credit card... View More

You are eligible for a bankruptcy discharge of debt every eight years.

Use it wisely.

Without a full disclosure of your financial situation, and your prospects for future income, it is not possible to offer a recommendation of bankruptcy, or not.

A key element for you is... View More

While you fail to say so. I have to assume, from your question, that your litigation involves the trustee's Power of Attorney. If so, it is highly likely that the Court would approve any reasonable settlement stipulation of the litigants, and that would extend to POA provisions,... View More