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

If your business is a sole proprietorship, then yes, when you file for bankruptcy relief, all assets and liabilities of both you and your business are submitted to the bankruptcy court and subject to the claims of creditors.

If your business is in corporate form, and you've been... View More

When you file any sort of bankruptcy case, you sign Official forms under penalty of perjury that you've listed every claim against you, whether you acknowledge it or not, and every asset (broadly defined). IOW, you cannot declare bankruptcy on selected debts or assets.

The answer to... View More

I see no impediment to the Estate's immediate right to possess the real property, and you are, as Executor, the voice of the Estate.

So yes, especially given that you are the heir to the home property, your request for eviction, for at least the given reasons, should be honored.

I agree with my colleague that you've started out well in Justia (you can find PA lawyers who have done many in PA, as have I).

Many life insurance companies, hoping to sell you whole or term life or health insurance, or disability insurance, or whatever, provide "form"... View More

No two cases are alike, and no two clients, who generate necessary factual information, are alike either.

The preparation of the full Bankruptcy Schedules requires across the board info from the client, both currently and for as long as six years ago.

I've been doing bankruptcy... View More

You don't ask a question here, just offer up a few facts.

Apparently, however, you are having debt issues. Imho, you have chosen the most expensive way to deal with those debts.

I strongly advise you to consult with a professional about your entire debt/asset/income... View More

The key to the answer to your question is the wording of the Will admitted to probate. If the Will states that the beneficiaries take PER STIRPES, meaning, roughly, "branch", then that beneficiary's Estate, wife and children or heirs will take the inheritance. If the Will does not... View More

In theory, IF your sanctions and fraud claims are based in different transactions/facts, yes, you probably can initiate two separate actions.

You don't disclose any facts in your question, and those would be key to deciding which court has primary jurisdiction. It may well be better... View More

I agree with Ms. Lipan's short take, but there's more, of course.

Your question raises a plenitude of issues, most of them not questions of law:

With almost all of the nation's banks attempting to beef up their respective capital coffers, and the Fed causing not just... View More

If you look at the Official Bankruptcy forms, you will see that there is a column to note whether the CLAIM is disputed, contingent or unliquidated. Your obligation is to list all CLAIMS against you, and the holders of those claims, whether you agree with the claim or not (unlisted creditor's... View More

For most debtors, the primary purpose of Chapter 13 is to "save the house".

Ch. 13 enables you to retain the property, make current payments as they fall due, and cure any mortgage deficiency by paying the amount past due on the mortgage debt over the period of the plan (up to... View More

Have an experienced attorney in AZ examine your HOA covenants with a title examination of the residential property. Most probably, The Homeowner's Association enjoys written covenants in the real estate records that apply to each property and give it a right to impose the debt with priority... View More

Of course, you can ask/apply.

However, legitimate lenders, perhaps even payday lenders, want to see a General Order of Discharge in any pending bankruptcy case before funding a loan.

Just personally, imho, there is no safer borrower out there than one who recently got a bankruptcy... View More

I've seen two methods of litigation concerning mortgage foreclosures: the first is foreclosure of the mortgage after due notice of acceleration of the debt evidenced by the Note, and the second is to sue on the Note alone, with the Mortgage reserved for post-judgment relief.

Assuming... View More

The Registrar of Wills in the county where the decedent passed will initially determine whether the Will is admissible for probate. Once accepted, yes, the named Executor/Ececutrix should arrange for the immediate publication of that fact, with the contact info of the named personal... View More

Your best answer to that question starts with the wording, particularly the default provisions, of your Security Agreements with each lender. Often, one of the provisions enables the secured lender to declare a default and accelerate the debt "if/when the lender feels insecure". A... View More

I generally agree with my colleague's prior answer, but for more pointed reasons.

The US Supreme Court recently handed down a major bankruptcy ruling about creditor violations of the automatic stay, and especially with respect to its ruling that the bankrupt debtor must now... View More

Did you file your bankruptcy with counsel? If so, that lawyer is your best source of advice, because your question gives no factual background, e.g., what info is in your schedules, and whether a decision has yet been made about whether your filing is an abuse of the bankruptcy process, e.g.,... View More

I agree with the prior answer by counsel, with a caveats.

When someone, e.g., a bank, a custodian of accounts, refuses to honor a POA, the time to resolve that issue is while the grantor under the POA is still alive. Powers of attorney, even the "durable" sort, expire at death of... View More