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

When an Estate is created under PA law, either by probating a will, or a guardianship, etc., the new personal representative can 'reach back' for up to four years to recover transfers of assets that did not return "fair market value" the one whose property makes up the Estate.... View More

Your post offers no financial circumstances, and one needs to evaluate that to answer your question.

And that's because the Bankruptcy Code expressly requires that a Chapter 13 repayment plan provide to creditors at least as much as the "indubitable equivalent" of what... View More

It appears, from your post, that your are both the sole heir and the named Executor in the Will. As a matter of practice, it is always best that the named Executor/Executrix have the original, or a duplicate original, of the Will, inasmuch as it is the named personal rep who is responsible for... View More

I agree with my colleague's terse answer, but there seems to be a common misunderstanding about what assets and debts are "included" in a bankruptcy case.

You have no choice about which assets or which debts. Your required Schedules of assets and debts, filed in every case,... View More

To be confirmed, a Ch. 13 Plan must be both feasible, and must provide to unsecured creditors the "indubitable equivalent" of what they would receive in a Ch. 7.

You do not provide any financial circumstances/facts. Consult with an experienced lawyer in NY who can review your... View More

To be frank, it strains credulity that you, and/or they, could have overlooked a $17K debt in your restructure.

And while I generally agree with my colleagues who have previously submitted answers that it's always wise to consult experienced counsel BEFORE you jump into something,... View More

While unsecured general claims are discharged in a Ch. 7 bankruptcy, any claims with collateral where that lien is "perfected" by filing (in accordance with state law) are not discharged, and the lien survives with the claim. (Decades ago, Justice Thomas wrote the majority opinion for... View More

Your facts are unclear, and more is needed to give you a reliable answer.

Generally speaking, your mortgage debt should have been listed in your bankruptcy (we assume that you completed the bankruptcy case and got an Order of dismissal). An Order of general dismissal in the bankruptcy... View More

As in every other jurisdiction, an appointed Executorix/Executor is charged with the responsibility for collecting, inventorying, and distributing/selling all assets of the Estate.

Your question leaves out most of the relevant facts here (have you blocked the Exec's access, what does... View More

Invariably, ime, bankruptcy courts enter an Order of general discharge that says little other than that the debtor is discharged from all "dischargeable claims". It will not specify whether any debt to the Social Security fund, or anyone else, has been discharged.

Use of Pacer... View More

Is it true that one needs to "clear debt before transferring" real property.

No. At a minimum, that's a forbidden restraint upon alienation.

The current owner(s) of the property can transfer it at will. If there is debt tied to the land, e.g., a mortgage, that... View More

If the parents owned the property as joint tenants with right of survivorship, or as tenants by the entireties, the mother acceded to full ownership of the real property upon the father's death.

If the real estate was owned as tenants in common, and there was no father's Will, the... View More

In every bankruptcy case I've done, the Order of Discharge is a brief form, and basically says that the debtor is discharged from liability for all dischargeable debts, without listing any of those debts specificallyl

It's up to you, and your lawyer, and the creditor, and its... View More