That is certainly not a simple question to answer and without more facts, I would be unable to do so with any certainty. I assume you have filed a probate action? I have handled both probate and guardianship cases and you always need a court order to sell an asset of the estate and if the property... View More

I agree with Barbara and I am not sure what district you are in but generally, reopen the case, file the order dismissing the bankruptcy and request that a new sale date be scheduled. You can attach the order to your request for a new sale date.

Is the marital home in Florida? Is the business property in Florida? Is the dissolution of marriage in Florida?

Notwithstanding any of that, it sounds like your ex-husband is committing bankruptcy fraud which is never a good thing.

Although I handle those types of cases, I am not in Punta Gorda. Call Mark Dann at Dann Law 877-475-8100. If he cannot handle the case he should know someone who can. Or email mdann@dannlaw.com or intake at Dannlaw.com.

You will if it goes to foreclosure sale. If you can pay off over 5 years you can file a chapter 13 bankruptcy. You really need to speak to an attorney asap.

You must put the past due rent into the court registry OR file an answer showing why the rent is not due and owing. Eviction is a very quick process so you should try to retain an attorney, call Legal Aid if you qualify or otherwise get representation immediately as applying for aid is no defense... View More

Your SSI should be protected. Unfortunately I am not located near you but definitely seek out an experienced attorney in your area.

Depending on the district you are in, you may be able to reopen the bankruptcy case, vacate the discharge for purposes of filing the reaffirmation agreement, file the reaffirmation agreement and obtain the order and have the discharge reissued and the case closed. We can do that in the Southern... View More

Did you formally reaffirm the mortgage obligation During the chapter 7? If not, they stop reporting to the credit bureaus.

Basically you have an unsecured debt in bankruptcy but you may be able to be paid out of the proceeds of the sale. Was the property the homestead property of the person who sold? My advice is to immediately retain an attorney who understands real estate, contracts and bankruptcy law and have them... View More

The deferred principal of a mortgage under a modification agreement has to be repaid in accordance with the terms of the modification agreement. Without reading it, I can't state with 100% positivity but usually the deferred portion does not need to be repaid as arrears in a chapter 13... View More

You should be able to list this is a separate obligation or keep it separate from the amount you are reinstating under the plan. I have handled many of these and while they are fact specific, they usually do not need to be repaid as part of the arrearage. It can be listed with specificity under... View More

Was your judgment released in your bankruptcy, or only the debt? If it was only the debt, then typically the judgment remains to cause you grief later if you refinance or even buy a home or otherwise need to access your credit. If the judgment itself was not released then you should call your... View More

I believe you have violated the automatic stay as you state you were aware she was filing for bankruptcy before you cashed the check, the debt was unsecured and even though you were not given formal notice, you were put on notice and had an obligation to research first. Even if you did not violate... View More

You should speak to a local attorney as determination of what chapter under the bankruptcy code is a complicated and detailed matter. But good news - if your post retirement income is pension and/or social security it may be fully exempt.