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

I'm currently licensed in PA, but have practiced in Georgia, OK, TX, NJ and DE, but not Alabama.

You don't say whether this Notice is in federal court, where the practice is fairly uniform in all States, or the Alabama state court. There's probably some difference.... View More

Yes, you can, but be sure that their Order Discharge has been entered and that no appeal has been timely taken from that Order.

Also, ensure that the bankrupts will not inherit, or learn of imminent inheritance, within six months of the discharge.

The Bankruptcy provisions enabling... View More

You should have no direct legal liability for debts in your wife's name alone, but assuming that you are a beneficiary of her estate, to the extent that there are assets in her name, those estate debts must be paid before you receive any distribution from her estate.

Confer with... View More

The timing of distributions by the Ch. 13 Trustee rests with that trustee.

Maddening as it can be, I have heard more than one Judge say, "my Trustee". And once was in a case where the Trustee had over $200K of my client's money, held those funds in an IOLTA account (the... View More

You don't say whether you're in a Chapter 7 case, with a trustee, or a Chapter 13, and that can make a difference.

The general rule is (e.g., for payments to you or tax refunds) is that the amounts attributable to prepetition accrual are part of the bankruptcy estate, and the... View More

With some statutory exceptions (e.g., Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”). In simple terms, the law gives people who buy goods or services for personal, family, or household purposes a way to privately sue businesses for illegal behavior and even for... View More

The reach-back by Bankruptcy law for "fraudulent conveyances" (transfers of assets for less than fair market value) is two years. I'm in PA, and the PA state law for like transfers is four years (which a bankruptcy trustee is entitled to use).

Your question seems to hinge on... View More

Where your US bankruptcy case has been filed makes no difference; pretty much all lenders have software that alerts them to a bankruptcy filing within a day or two of its filing.

And all the prospective lenders know of will inquire about bankruptcy filings in your loan application, and... View More

My NY colleague's answer is correct, as far as it goes.

To declare bankruptcy over just $16K is at the low end of debt issues, and may well be solved by lesser means. Most credit card issuers are pretty savvy, and will offer some altered payout/discount for you.

You can only... View More

I've practiced in several states, from TX and OK, to GA, DE, NJ and PA, and I've always promptly filed a simple Suggestion of Bankruptcy, with the bankruptcy court district and bankruptcy case number, and nothing more. That's always worked.

I recommend it as a show of... View More

This question is best directed to any of the lenders out there, each of whom makes a "credit decision" upon loan applications.

Currently, interest rates are high, and the Fed has been tightening the money supply.

My own experience is that, more than usually, lenders, even... View More

With the majority opinions of the US Supreme Court, despite the express wording of Section 506 of the Bankruptcy Code, the secured amount of any "perfected", i.e., validly filed, liens against a debtor's property will survive a bankruptcy discharge. The deficiencies, if any, of... View More

I disagree somewhat with my KY colleague.

First, because most financial institutions have, under each state's law, a right of "offset", and that is often buttressed by a written agreement or notice, which the courts may recognize as sufficient to create a lien, it is always... View More

My colleague, Mr. Siegel, is right as far as he goes, but,

a bankruptcy discharge works holders of claims that existed prior to the bankruptcy filing, not those that happened afterward. And, the bankruptcy discharge works on claimants named by you as the debtor in the bankruptcy. If, for... View More

My experience with insurance companies is that 1) they usually hope to delay payments out as long as possible, though they demand immediate payment of premiums, and 2) the quickest way to get payment if for a beneficiary to give them what they want (they have armies of lawyers on the payroll.... View More