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

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

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

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

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

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

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

"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

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

When you file for bankruptcy relief, you must answer all the questions in the several Official Forms, *under penalty of perjury*.

As it lies, you have a doable debt/asset issue; BUT, if you "leave it off", you will be committing perjury, probably several counts thereof, and... View More

When in an active bankruptcy case, especially a Ch. 13, there is an automatic stay of any actions against the property of the debtor's estate and/or the debtor, to collect a debt.

In order to proceed with a foreclosure case in a non-bankruptcy court, the foreclosing creditor must... View More

Yes, you can disclaim your inheritance. There are time limits. Usually, a disclaimer is done for tax reasons.

You should have no need to attend any court hearings in PA if you are only a named beneficiary in the decedent's Last Will. However, if you are named as the Executor, an... View More

After the passage of one year from the date of first publication in a newspaper of general circulation in the county where the probate is, and after all due debts have been paid, yes, as sole beneficiary, you should get the residual estate proceeds. The bank should honor your check (as Executor,... View More

Anybody with a couple hundred bucks can sue anybody else. The question is whether they can win.

In your situation, because everything is oral, no writings, other than perhaps the gas bill, and given your mom's needs, my feel is that you can move out with impunity. I don't think... View More

Bankruptcy Chapter 13, enacted back in 1978, quickly became known as the "save the house" route.

An arrearage in a first mortgage debt can be cured, *at no accrual of interest*, in a Ch. 13. More relevantly, a second mortgage debt can be similarly treated. And if it can be... View More

The answer mostly depends upon the type of *legal*entity that you've put the business into. A corporation, LLC, etc., is eligible to file a bankruptcy itself, as is a partnership. A sole proprietorship, however, is not a separate legal entity, and a bankruptcy of it will necessarily bring... View More

Keep track of all calls and letters, and any other form of contact, including any efforts to contact you or your employer at work. Applicable laws may entitle you to make a successful claim against the collector.

If you engage counsel, a simple letter from you or counsel to the collector... View More

Your post omits almost all the facts necessary to answer your question.

That said, there are two basic types of Chapter 11 cases: one is a financial reorganization, and the other is a liquidation. Often, in a liquidation, a bankruptcy trustee is appointed, or at least the attorney for the... View More

Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).

A general partner is personally liable for the debts of a... View More

In a bankruptcy case, you are given the right to return collateral to the secured lender in exchange for full satisfaction of the secured claim of that lender.

Short of that, the terms of your Security Agreement, with applicable Colorado law, apply.

In particular, what does the... View More