I filed for Chapter 13 last year, but did not complete the petition. It was dismissed more than 365 days ago. But the filing was in 2018. If I file again, will the automatic stay apply? The last petition was dismissed in May 2018 and we would be filing again November 2019. I am planning to... Read more »
An automatic stay will kick in when you file a second bankruptcy, but will only last 30 days from the date you file the new petition. Within that thirty days, you can file a motion to extend the stay for the duration of your case, which of course you should do. That motion must identify the...Read more »
Use pacer.com. You can sign up for free, then go to Bankruptcydata.com, click on "free resources", and find the court district where you filed. Once at your districts electronic filing site, use your Bankruptcy Case No., or your social security number, to search under "Query", or find your docket...Read more »
I moved out 3 years ago and my ex still lives in the house. I refuse to sign any type of Short, Quick sale, agreements, remodafcation mortgage papers etc, before the 12/13/2019 deadline. does she have any type of recourse to go ahead and sign said papers on my behalf without my knowledge?... Read more »
No, you cannot be coerced by a foreclosure court or probably any other judge to sign off on any of the types of consensual agreements that you list. Probably the more important question is about what you hope to accomplish by your refusals....Read more »
Risk of loss follows title to the real estate. You do not say whether the foreclosure sale has been held, or whether the sheriff's deed has been issued to the successful bidder. Nor do you say who caused the cancellation of the home owners insurance. But, "can" you cash the refund check? Yes....Read more »
Normally, it takes about 3 days for the Sheriff to deliver the deed and the Registrar to record it. The timing of when current occupants need to leave is largely up to the buyer at the sheriff's sale. He/she can file an ejectment action when he becomes record owner. Those ejectment actions...Read more »
My mother passed away Dec. 2018. She had a reverse mortgage on her home. According to her will, I am ineligible to purchase her home, that option was only given to one of my brothers. What, if any is my legal responsibility, and what can I do to remove myself from the lawsuit?
Inasmuch as it appears that there is no remaining equity in the property, and the property is in foreclosure so that the entire remaining balance of the debt is now due and payable, you can extract yourself from the foreclosure suit (assuming you did not sign any note or guaranty of the mortgage...Read more »
There would need to be at least one initial face-to-face meeting, just lawyer and client (this is my personal requirement, not a requirement of law). The remainder of our communications can be by email if you can scan documents and send to me, and then if you can p;rint and sign documents....Read more »
Yes, and it happens frequently. There are companies out there whose business is to handle/service accounts of others that are deemed "bad", or "uncollectible", etc. Transfers of claims are specifically authorized by the Bankruptcy Code, and also occur in Chapter 7, 11 and 12 cases.
My expenses exceed income. I am looking at both chapter 13 and chapter 7 options. Did the clock start when i filed for the chapter 13 in 2012 or the conversion date to chapter 7 in 2014? At what time am I able to consider chap 13 or 7? My minimum payments are current but only because I am taking... Read more »
Unless you took a security interest in the debtor's real or personal property at the time you advanced the money, and "perfected" your lien by filing in the designated places (Registrar of deeds in county where real property is located, or Sec. of State of PA and/or county for UCC-1 filings), then...Read more »
We got behind on our mortgage and received mail saying we could apply for a loan modification. This process started last August 2018 and the company had us pulling paperwork, pay stubs, etc, even had us mail cashier checks for $1900 4 different times, the last contact with them was the beginning of... Read more »
Depending upon the remaining amount of your mortgage arrearages (missed payments plus late charges and accrued interest), yes, there are alternative ways to stop, or suspend, the "pre closure process".
I assume you have received a letter notice of intent to foreclose, but you don't specify...Read more »
If you've sold your house for a "fair price", that is, for fair market value, in an arm's length transaction, then the sale of your house should have no impact on your decision about, or timing of, a bankruptcy filing.
You need to evaluate your current asset values and debts, and the...Read more »
In August I received a letter to pay my rent to a trustee. I have been doing that with the intent to purchase my house at the Allegheny Courthouse this February. Now my landlord served me papers saying that he filed Chapter 11 and that if I attempt to buy his house that he would sue me. He also... Read more »
To answer your questions, I'd need to see what has been filed by your landlord in his Chapter 11 case, including what orders have been entered authorizing him to utilize his lenders' cash collateral (the rent you pay would most probably be part of that cash collateral). In addition, we'd need to...Read more »
Discharged Feb 2015. I am considering filing Chapter 7 again. Is my waiting period based upon the original filing date of 2012 or the conversion date in 2014? At what point would I be eligible to file?
There are different "chapters", or forms, of bankruptcy. In a Chapter 7, the simplest form, your income is only used to determine your eligibility to file under that chapter. If your income is below the "median income" for the state of PA, you'd have no income issues.
I am seriously considering filing bankruptcy because my student loan payments are crippling and I cannot afford to pay them. I would be homeless and couldn't afford childcare or pretty much any other necessity. I have heard that filing for bankruptcy doesn't include student loans, but it never... Read more »
You present several issues with these few statements.
Most states, including PA, recognize "common law marriages", the basic element of which is that you and she presented as man and wife to another human. E.g., it might suffice if, though unmarried, you had presented as man and wife to...Read more »
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