Even if the underlying indebtedness of your co-borrower is somehow discharged, you as a co-borrower cannot compel the removal of that co-signor absent an agreement with the creditor to do so. And in my experience, it would take a substantial payment to the creditor to get that done.

Be... View More

In a bankruptcy filing, you have no choice about which debts and assets you disclose in what all you file with the Court. You sign your several Court documents under penalty of perjury (a felony) and it's never smart to morph a money issue into a criminal case,

There are some special... View More

Any transfer within a year or three for less than "full consideration", i.e., fair market value, will be subject to scrutiny and probably rescission, and may be grounds for replacement of the debtor in a Chapter 13 case with a trustee. The bankruptcy laws in the US have been on the books... View More

When you filed for bankruptcy relief (assuming this was your first bankruptcy filing), an automatic stay was enter, BY ORDER OF THE BANKRUPTCY COURT WHERE YOU FILED, prohibiting any creditor/claimant from taking or continuing all actions against you and/or your property. Only the bankruptcy court... View More

A "charge-off" of a debt is an internal accounting process, and it has no legal effect on the indebtedness.

You appear to be correct about the length of PA limitations.

Note that the PA statute of limitations runs from the date of default. That period may be extended,... View More

Most "forms" are a trap, trusting you to choose what may be relevant to the Court. Most courts have rules that prohibit offers of proof on matters not well pled in the forms.

And a pleading almost certainly triggers a court hearing.

On top of that, most lawyers will... View More

Eligibility for the different chapters of the Bankruptcy Code are in Section 109.

Here are two helpful sitess:

www.experian.com/blogs/ask-experian/what-are-the-requirements-for-bankruptcy/#:~:text=Chapter%207%20bankruptcy,?msockid=0b6ad8f42a4e6c3a3945cb8c2b676d4c... View More

When finished (judicial Order confirming sale), a judicial foreclosure removes all liens, and Sheriff pays on taxea, poundage and liens per PA priority.

All liens foreclosed are removed from property and successful bidder gets Sheriff's feed (a quitclaim deed).

If a... View More

If by "being sued" you mean a Complaint has already been filed against you, do NOT ignore it; file a responsive pleading that gives you more time.

Use that time to contact whoever speaks for your adverse party to determine what it will accept to resolve this issue.

You... View More

For payment defaults, especially those lasting more those lasting 90 days or more, most credit card issuers will sue, take judgements, and because final judgements become liens and bankruptcy courts have limited abilities to void liens, you should confer with experienced bankruptcy counsel before... View More

Filing for bankruptcy relief is a major step, and you need to confer with an experienced lawyer. with full facts of your financial condition to your lawyer in advance of that conference.

Do that as soon as you can, as the best lawyer help is BEFORE any more happens.

On top of your... View More

Chapter 13 eligibility requires a periodic income, and your ssdi and VA disability benefits (probably totally exempt) appear to qualify.

Importantly, however, your question is devoid of the types of debt you have. Certain debts (administrative, priority, and some secured debts, must be... View More

While unlikely, if given all your documentation on the account, from inception to now, an attorney for you may find a flaw therein to constitute some defense.

We have defended like-sized accounts from this lender, and it accepted payment of approximately 8 thousand on a litigated a claim of... View More

By the express provisions of Section (5), (6) and (7) of the Bankruptcy Code, the bankruptcy "estate" includes any and all property interests to which you become entitled within 180 days of the filing of your bankruptcy petition ( Chapter 7) or to which you become entitled during your... View More

The Trust document itself names/designates/controls the identity of both the trustee(s) and the successor trustee(s).

Successor trustees are named in the event that the named trustee is unable or refuses to serve.

As you have probably surmised, being designated as a trustee comes... View More

The "repayment type of bankruptcy" is a Chapter 13 bankruptcy case, which is fortuitous because, thanks to a Supreme Court case penned by Clarence Thomas (that flies in the face of Section 306 of the Bankruptcy Code), a debtor cannot modify a home loan in a Chapter 7 case.

Note... View More

Unless the judgmemt (you don't say whether its been entered or become final) is deemed to be a perfected lien against all Arkansas assets under Arkansas law, the filing person can discharge the small claims court judgment debt.

The non-filer will remain liable to the judgment creditor.... View More

Orders of a domestic relations (non-bankruptcy) court, and support and property division items therein, are often entitled to great weight by bankruptcy courts. The seeming key about divorce-court-created debt obligations seems to be whether any such payment is "support" or... View More

I've had cases where such a lender goes to non-bankruptcy court with a plea of either unilateral or mutual mistake, and gets the title back by court order, but no damages award.

You don't state the value of the auto. If your fiscal problems are serious, speak to an experienced... View More

You seem to be a well-informed person.

You give short shrift to underlying, probably important, facts, however.

For instance, does the aunt's Will pass the 403b interest to you?

Such obligations are usually contractual, between the decedent and the purchaser (aunt?),... View More