In early October, my mom passed away suddenly and unexpectedly. She didn't have a will. She lived in Pennsylvania, and I'm in Texas, so I have to do all this from afar.
The probate attorney told me I would need death certificates for her. A few weeks ago, he told me he would need... View More
answered on Nov 26, 2023
Determination of legal heirs where there is no Will is provided in the PA statutes.
Your PA probate attorney has this answer at his fingertips.
While it does seem that the brother's children would anxious to prove their entitlement to shares of his estate, it is best to give... View More
My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.
answered on Nov 21, 2023
If you file a Chapter 13 petition in the future, it includes a co-debtor automatic stay for claims "dealt with by the Plan".
Filing a bankruptcy does not create a liability in a non-filing spouse. If she is currently liable as a joint obligor, then she remains liable for that... View More
I filed bankrtupcy and have completed my hearing. My ex spouse has several years of unpaid *Decree Ordered* joint-child expenses. Specifically outlined as "Medical and extracurricular", as agreed in writing. Now he claims he no longer owes those arrears because of the bankrtupcy. I... View More
answered on Nov 20, 2023
The long-standing key issue about domestic relations payments in the bankruptcy context is whether the (divorce) required payments are in the nature of property division (which are dischargeable) or for spousal or child support (not dischargeable).
In many states, the divorce section of the... View More
answered on Nov 20, 2023
Yes, but there are wrinkles.
E.g. When computing income in bankruptcy, which can be jurisdictional and determine eligibility for which chapter of relief is appropriate, a spouse's/'roommate's share of living expenses will probably be calculated to determine amounts which... View More
My 72 yr old Aunt has advanced dementia, is being cared for by her sister (my Mom) and has thousands in credit card debt. My Mom is paying the debt but needs extra help to care for my aunt and doesn't have the money to pay for it. Can she stop paying the cc debt (from my Aunt's social... View More
answered on Nov 18, 2023
While Social Security payments are exempt from judgment creditors in PA (and almost all other places), a creditor with a judgment can require the debtor to appear for deposition in aid of execution, or force responses to other forms of discovery in aid of execution.
To fend that off, most... View More
My mother passed away recently, and she didn't have a will. I contacted an attorney to take care of her estate, and I'm getting the death certificates he needs.
He told me that since she didn't have a will, I'd have to get a bond. The problem is I don't have the... View More
answered on Nov 17, 2023
Probate court rules can vary from county to county, but in your situation, a "family agreement", which usually deals with matters of both distribution and procedures, would be a good place to provide that you are to be the personal representative and that you are to serve without bond... View More
e.g., An estate is established, no will exists. Probate (and some non-probate) items will be included on the Inheritance Tax Return filed for the estate. There also exist some non-probate items with beneficiaries named (e.g. IRA, annuities). Can the beneficiary file their own Inheritance tax... View More
answered on Nov 16, 2023
In PA, the "estate tax" is levied upon the fair market value of the benefit distributed. Usually, the Will provides that the Estate will pay all debts, and that includes the tax on bequests. Once paid, the distributed benefit gets the "stepped up basis" to its fair market... View More
Thousands secretly charged on credit card by spouse.
answered on Nov 9, 2023
Much of your answer is fact-dependent.
E.g., is your mortgage debt current? Who controls the family finances/checkbook? How much credit card debt has been accrued? Is there equity value in the residence above the mortgage balance?
A Chapter 7 bankruptcy is a so-called... View More
Am I responsible for their mistakes. They are now trying to take exempted property, or tell me I have to pay $20,000 to the trustees.
answered on Nov 8, 2023
Every voluntary bankruptcy case is commenced by the filing of a bankruptcy petition, signed by the debtor, under penalty of perjury. The debtor's signature constitutes the sworn testimony of the debtor that whatever the Petition says is true and correct, and that sworn oath applies to the... View More
If I can still sell house now and stop bankrupcy for actually going thru in ga. How much time do I have bf I must cancel and avoid it from going thru?
answered on Nov 5, 2023
You don't say so, but it sounds as if you filed pro se, without counsel, and that's always dicey for a non-lawyer.
If you filed at least the minimum required documents (the Petition, a Certificate that you completed the approved counseling course prior to filing, and a full list... View More
I filed for bankruptcy some years ago and I also had garnishment. Once the bankruptcy is filed, does the garnishment stop? And am I still liable for payments even if the bankruptcy is approved?
answered on Nov 2, 2023
At the moment you file for bankruptcy relief, regardless of Chapter, an automatic stay against any action against you or your (the Estate's) property is estopped, and usually courts say "of no legal effect".
But the key to what happens thereafter hinges upon whether the... View More
Our panels generate enough power to run our refrigerator and our electric bills are through the roof. ASD went bankrupt years ago. Can I get out of this lease and have a new company take over?
answered on Nov 1, 2023
A quick search tells me that ASD went out of business and filed a Ch. 7 (liquidation) bankruptcy.
A debtor in bankruptcy, and/or his creditors and contractors, has a limited (two months) to choose whether to assume any executory contract or to reject it. You are far beyond that deadline,... View More
Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz.
1) I do not know how to answer the question as to whether I haver primarily consumer debt or... View More
answered on Nov 1, 2023
The key to answering all of the Official Form bankruptcy questions is full disclosure. In our opinion, you can answer either way, but the rest of the questions in your completed forms will answer this question adequately, if full answers are given.
With your intent to file for relief,... View More
Once filed, how do I let the District Court know that I filed for bankruptcy so that the hearing does not proceed on Monday, Nov. 6th? (As of course, once you file for Chapter 7 bankruptcy, there is an automatic stay/injunction.)
answered on Oct 31, 2023
Assuming you have the Clerk's/Court's contact info from your Notice of the eviction case, the quick way is to telephone the Court/Courtroom Deputy, during working hours, and provide the name of your bankruptcy court, with the Bankruptcy Case No., and date of filing. A more reliable way... View More
Claim and it has reached the deadline can they still file a late claim to continue to make payments threw my bankruptcy or what will happen
answered on Oct 30, 2023
A debtor has the option of filing a Proof of Claim for a debtor, and it sounds as if you should do that, so that plan payments flow to the secured creditor. The Chapter 13 Trustees pay on filed Proofs of Claim.
Of course, you should confer with your bankruptcy attorney first before taking... View More
My sister is executor, my mom passed May 2020, and had a very simple estate. Still not closed out, and she will not respond to emails from me or the probate attorney. There are deposits in moms name she will not clarify where they are
answered on Oct 25, 2023
This issue, and your questions, should be addressed to your probate attorney.
In PA, every personal representative, whether executor named in a probated will or and administrator, both appointed, and entrusted, by the court, is required to file an Inventory of all estate assets. That... View More
The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?
answered on Oct 25, 2023
In a Ch. 7 bankruptcy, no lien is discharged (thanks to a US Supreme Court opinion in the Dewsnup case, despite Bankruptcy Code language to the contrary).
What is discharged, however, is an unsecured deficiency amount in the Mortgage indebtedness.
Some liens can be converted to... View More
My father doesn't think he can leave my sister and I the house because he says the bank still owns it technically. He doesn't know where the deed is, but the courthouse should have it. I don't know what to do. He's in a rehab facility currently, he's 82. He says he said the... View More
answered on Oct 18, 2023
Yes, of course, assuming the property is located in PA. The owner of the property (him) owns the property, and the bank with a mortgage against the property has a mortgage lien against the property. So long as payments are made in accordance with the mortgage Note, the bank had no right to... View More
The original plumber sent me an unitemized bill one year after the work. The verbal quote was less than 1/3 of the bill. I asked for more information. He sold the company. I called the new owner and he said I did not have an outstanding bill and all was good. One year later he bills me for the work... View More
answered on Oct 17, 2023
"Can he"?
Sure. Anybody with a couple hundred dollars for the court costs can sue anybody else for any reason.
But can the plaintiff win on what gets filed?
There's the rub, lol. From what you say, it sounds like this plumber's claim would fail. BUT,... View More
they're afraid that I would not sell the house so they said I have to reduce it by 10k every month until I get an offer or we go back to court. I'm wondering if there is a law or some kinda of stipulation that I won't be so caged in this tight constraint but still give them the... View More
answered on Oct 16, 2023
What the other party demands has no force if a court does not order accordingly.
Assuming, though you have not said so, that you are in a Ch. 13 bankruptcy, the more common provision is to provide, in a Plan, a one-year (or shorter) "drop dead date", by which the property will be... View More
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