You can file an emergency bankruptcy by filing the Petition form along with a credit counseling certificate and a list of creditor names and addresses. The court will give you 14 days to file the other schedules and statements.

This is not a probate question, but as a former public defender, I would say that it never hurts to ask. Most judges will allow the hearing to be re-scheduled one time for a good reason.

It means that the trustee is done administering assets (if any) and that all other property is abandoned and the case will soon be closed.

If you did not guarantee anything then you are not liable for strictly corporate debts. Concerning the stock, if it has any market value the trustee will try to sell it. Minority ownership interests in a closely held corporation are often worth very little, but I would need more information to... View More

The short answer is "yes." They are two separate interests. However, depending on who the other owner is and whether the loan was made prior to the transfer of title, the deed of trust securing the loan may contain a "due on sale" clause. This is generally not effective against... View More

I am assuming he is filing Chapter 7. If your husband transfers any property to you for less than market value within 1 year of filing bankruptcy (and as much as 4 years under Colorado law), it will be deemed a fraudulent transfer and the bankruptcy trustee can void the transfer for the benefit of... View More

If the home was only in your Dad's name with no joint tenant, you must open a probate estate and have yourself appointed Personal Representative. It sounds like your Dad appointed you in his will, so the court proceeding should be easy and inexpensive. Once you are appointed and issued Letters... View More

Judgment liens generally survive a bankruptcy. However, if the lien impairs exempt property (like your residence), it can "avoided" under 11 USC Section 522(f). This could have been done in your initial case, but now you will have to file a Motion to Re-open the case first.

Any inheritance to which she becomes entitled within 180 days of filing the bankruptcy is considered property of the estate and must be turned over to the trustee. If the amount of the inheritance exceeds the amount of creditor claims, she would be entitled to the remaining funds.

That question is impossible to answer without more information. Some people file a successful bankruptcy without an attorney. However, there are many hazards for the unwary and you could end up with a very unhappy result. See In re Muniz 320 BR 697 (District of Colorado) opinion:

Sadly,... View More

The general answer is "no," but there are exceptions. If you were not required to file a 5 year plan, you may be allowed to pay off the plan early depending on the source of the funds and the amount of unsecured claims. Also, if your disability was incurred after you filed your case, you... View More

The simple answer is "yes." The IRS can lien any interest in property. The fact you are not on the mortgage does not matter - you have an ownership interest by being on the title. The good news is that if you enter into an Installment Agreement (payment plan), the IRS does not usually... View More

Your Mom's conveyance of the 2nd deed destroyed the joint tenancy between the two of you. You became tenants in common with her. In the absence of language to the contrary, you are each presumed to own 50% of the property. Her new deed to the third party created a new joint tenancy with the... View More

Any offer or counteroffer can be withdrawn prior to acceptance as long as there was no agreement and consideration to keep it open until a specific date.

The short answer is that you may dismiss the case and file separately or continue the joint case. However, this is a complicated question. There are issues regarding your budgets, feasibility of the plan, dischargeability of marital related debts just to name a few. If your plan is not yet... View More

There is no law that requires you to use a Realtor. Some lenders may have an internal policy that requires use of a broker. If that is the case, find another bank.

Yes you can. Title to real estate and liability on the mortgage are two separate interests. Most deeds of trust (mortgages) have a "due on sale" clause, but putting your spouse on the title is not considered a sale and they can't call the loan due for that reason.

Unless the debt was discharged in a bankruptcy or forgiven by the lender, the 2nd mortgage note still survives and can be enforced against you.