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answered on Nov 30, 2016
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.
I haven't been able to secure ameeting with the pubilc defender. The proabtion officer and DA both request my 2 yr suspended sentance be enacted.
answered on Oct 17, 2016
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 appearing to the Court that the Trustee has filed a report certifying that the estate in the above-captioned case has been fully administered and that no objections to the report have been filed within 30 days thereafter, it is ORDERED that pursuant to Rule 5009, Fed.R.Bank.P., there is a... View More
answered on Oct 6, 2016
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.
My business partner was the only personal guarantor on the 3 business credit cards although I see in his filing he listed me and the company as "co-borrowers". Will I/company be liable for this debt even though we were not guarantors? We really only had credit card debt is there anything... View More
answered on Sep 27, 2016
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
answered on Sep 6, 2016
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
We bought it after we were married and he alone is filing chapter 13. He is on deed because of Colorado law.
answered on Sep 1, 2016
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
I want to sell the house by the end of March so I don't have to pay the taxes. Then I can divide the money with my sisters once it's sold.
answered on Feb 9, 2015
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
The judgement was included in the bankruptcy so the debt is discharged but the lien is still on my house.
answered on Feb 9, 2015
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.
Is there a way to protect her inheritance?
answered on Feb 7, 2015
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.
answered on Feb 7, 2015
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
answered on Feb 5, 2015
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
I have 1/3 ownership in a small residential home but was removed from the mortgage/loan during refinancing to get a better rate due to credit score being low. I owe 6 years of back taxes for a self employed business I've been running which I will be setting up a payment plan with IRS here in... View More
answered on Feb 5, 2015
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
Shortly before she died in 2013 she created another quitclaim deed (joint tenancy) with a third party.
Quitclaim Deed Joint Tenancy 1 (My Name, My Mother's Name)
Quitclaim Deed Joint Tenancy 2 (My Mother's name, Third Party)
What % share am I entitled to upon the... View More
answered on Feb 5, 2015
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
answered on Oct 25, 2013
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.
answered on Jun 12, 2013
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
answered on Jun 12, 2013
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.
I own a home that I purchased before my wife and I were married. I would like to add my wife to the title so that the property is owned jointly, but I also want to avoid refinancing the mortgage. Can we set up a joint tenancy with survivorship while I'm the only one on the mortgage still?
answered on May 14, 2013
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.
I now live in another state and would like to buy a home here but no one can seem to answer my questions.
answered on May 2, 2013
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.
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