Yes, any pending claims will likely be classified as property of your estate. During the bankruptcy, the trustee will take legal title to your property, so it is important that you list and identify everything, even if you aren't sure.

For now, the important thing is to be honest... View More

This likely depends on how much money you are attempting to withdraw. While normal living expenses may be okay, larger amounts may be subject to the estate, causing the trustee to reclaim the money from the person or entity you gave it to. Regardless of the amounts, be prepared to explain... View More

When filing bankruptcy, you must list all of your obligations. You must also inform the court of any possible rights you have in property.

However, this doesn't automatically mean the property will be taken away from you, or that you'll be forced to pay every debt you list on... View More

If you want to keep the vehicle, and the trustee does not object, then you may be able to reaffirm the loan in your bankruptcy.

However, keep in mind that the payment normally needs to be current throughout the life of the loan. While repossession rarely occurs during the automatic stay,... View More

Generally, Social Security benefits--of any type--may not be counted as income on your bankruptcy petition. Your attorney should discuss the Means Test with you (also known as Form 22A - Statement of Current Monthly Income/Means Test in a Chapter 7 and Form 22C - Current Monthly Income/Disposable... View More

Based on the facts provided, t depends on when the injury occurred. Any potential claims you have up until the day of filing are normally part of your bankruptcy estate. Because your discharge was so recent, any such claims should have been listed on your bankruptcy petition.

You should... View More

Hello,

I'm sorry about the trouble you're experiencing in your chapter 7 bankruptcy. Generally, bankruptcy trustees have broad powers to liquidate estate property unless an exemption applies. Depending on your circumstances, this might apply to your jointly owned home.

I... View More

Tenancy in Common is the default method by which joint title is taken, so unless ownership is held under a joint tenancy, or a tenancy by the entirety, you and your mother will hold the property as tenants in common. If you own the property as tenants in common, then you do not have an automatic... View More

Florida law protects your homestead from most creditors. If the home is properly listed as your homestead, then usually the only creditors who can attach a lien are: contractors you've hired to work on the home; government agencies tasked to collect property taxes; and lenders who provided... View More

I'm very sorry for your recent loss. Although this is likely a tough time, please be mindful that your window of opportunity to contest a will is not unlimited. Each state has their own laws regarding probate, and because you mentioned your father doesn't live in Florida, I highly... View More

Based on what you've provided here, the wills are likely still in effect. Your father should probably consult an attorney and execute a new will or establish a trust as quickly as possible. This will ensure his wishes are carried out as intended.

A will may be partially or... View More