Easy to transfer title ownership.

Your father can sign a deed from himself to both his wife and him, and probably as joint tenants, with right of survivorship so that when one dies, the other owns the entire property automatically. He then records the deed. There will be a fee for that by... Read more »

In my PA district, around Philadelphia, the trustees send out a "no-asset" notice shortly after the 241/first meeting of creditors is completed. IOW, that's about a month or two after the case is filed.

Non-responsiveness of counsel, at least in the bankruptcy field, is not... Read more »

From your question, I have to assume that you are in a Chapter 13 proceeding, and that your plan, by now, has been confirmed. Implicit in your question is whether you may be liable for additional attorneys fees.

Until recently, in most cases, a debtor's attorney was "stuck"... Read more »

The time for appeal of a bankruptcy court order, to the US District Court, is ten days.

Most creditors will wait to take action for that time to appeal to expire before taking any action such as a repo of collateral that was part of the bankruptcy estate.

When you file a bankruptcy petition, the accompanying Schedules ask for ALL your assets (the Section 541 definition of "estate" is quite broad) and ALL your debts/claims against you. You sign those Schedules under penalty of perjury (it's a felony, and the penalty is steep).... Read more »

A trustee in bankruptcy "steps into the shoes of the debtor". Consequently, a bankruptcy trustee is entitled to pursue and collect/liquidate any obligations to the debtor.

That's in a Chapter 7 case, where a trustee is automatically appointed.

In a Ch. 11, the debtor... Read more »

PA has a "fraudulent transfer" statute, to defeat the give-away of assets by a debtor or soon-to-be debtor intending to make himself "judgment proof". The reach-back period to recapture transfers of property for insufficient consideration is four years.

You don't... Read more »

To be eligible for a Ch. 7 (liquidation, although you keep exempt property), you must have earned something less than the "median income" for your region (you can google it, as it fluctuates). If you have been below the "median" for the last six months, you are eligible for Ch.... Read more »

If you are named on the deed, you have a legal interest in the home that the bankruptcy stay will protect.

Even if you are not named on the deed, the fact that you live in the house (assuming you do), then you have at least a possessory interest in the home that is also protected by the... Read more »

The current federal homestead exemption is approx. $25,000. Yes, it can be doubled with a joint filing.

Sam Houston was a notorious debtor, and he and his friends set up a debtor-friendly place. The TX state exemptions for homestead are far more generous (I used to practice in Oklahoma... Read more »

For as long as I've been practicing, Florida has been known as a debtor's haven, one of the most generous, along with Texas, to those who owe money to others.

While you don't mention the form of your expected bankruptcy case, the definition of what's includable in your... Read more »

When a Chapter 13 case is dismissed, under the Bankruptcy Code, everything returns to the way it was, as if the case had never been filed.

If any creditor held a lien against your auto, and you have not fully repaid the lien, then it still exists and remains enforceable.

You can... Read more »

Justice Clarence Thomas, in the Dewsnup opinion, wrote for the majority that in a Chapter 7 case, a validly perfected mortgage lien against property cannot be "stripped down", i.e., is not affected by the bankruptcy filing (the opinion strangely held that section 106 of the bankruptcy... Read more »

The definition of a bankruptcy "estate", 11 USC Section 541,including all interests of a debtor, is quite broad, and includes property held in a revocable trust, as well as many other business forms. There are also "reach-back" provisions in the Bankruptcy Code, as well as... Read more »

About fifteen years ago, one of the lawyers in my regional US Trustee's office told me the latest thing used by unscrupulous debtors was to use a social security number that was maybe one digit off/erroneous. The reason was to fool the system so that the bankruptcy would be noted on someone... Read more »

I've had several clients tell me that they've tried "debt relief" companies, but none were happy with the results (if any).

The going rate for a Chapter 7 bankruptcy filing, for attorneys fees plus court costs, is about $2,000, for a simple, straightforward case.... Read more »

While, as the first answer instructs, contacting the bankruptcy trustee is a good idea (trustees looking to sell estate assets always want to maximize sale prices, and that comes from drawing in more prospective purchasers), your question seems to suggest that there are multiple cases/trustees in... Read more »

You don't identify which party is the debtor in bankruptcy.

The automatic stay is triggered by the filing of a bankruptcy case, and prohibits any action against the debtor or property of the debtor's bankruptcy estate (which is very broadly defined).

If the proposed... Read more »

I agree with the first answer by Ms. Lipan, as far as it goes. You need the guidance of experienced Michigan bankruptcy counsel.

More specifically, with respect to your home property, it is usually acceptable to deduct ten (10%) percent from gross value as "costs of sale", and... Read more »

In a word, yes. For both Schedule I and the "means test" reflected in Official form B-122, your annualized income from all sources includes food stamps (note that the means test reaches back six months from the date of filing of the bankruptcy).