This is a Q&A forum, but you can also use the "find a lawyer" tab at the top to find a lawyer to represent you in a bankruptcy. That is the best way to assess your financial situation and determine whether a bankruptcy is the right option for you.

To be enforceable a promise to do something must be supported by a corresponding promise by the other party (e.g. I promise to do A if you promise to do B)--this is often referred to as consideration. So it is unclear whether the promise to pay an amount of money to your wife's mother is... View More

I agree with Mr Smollens. It appears from your question that time was not originally made of the essence in the contract (since you said the seller’s attorney “filed time of the essence”), and accordingly their not closing on the date may not have been a breach if you did not provide the... View More

It is possible--once the bank owns the property they would list it for sale and would have the ability to accept/reject offers on the market.

While an estate can owe funds for debt of a decedent which can be deducted from the distribution of their assets, you would not be liable on a loan you did not sign (in other words, you cannot “inherit” a loan). You can, however, inherit real estate and that real estate may be encumbered by a... View More

I’m not complete sure what your question is. Generally a court does not consider evidence on a motion to dismiss but rather the sufficiency of the complaint itself. So the court would assume that all the facts alleged in the complaint were true for the purpose of the motion and then decide if,... View More

You can grant your the person loaning money a security interest in the real property. This gives the creditor a lien in the property and priority against unsecured creditors or secured creditors who come later in time. You would want to consult an attorney to have the correct forms prepared and... View More

There is no per se minimum but of course it depends on the circumstances. I don’t see any inherent issue with an $80/month payment under the situation you described, but you should certainly seek the counsel of a qualified attorney to avoid the many potential pitfalls in bankruptcy... View More

I agree with Mr Lanin. It may also be helpful to contact a qualified attorney, either to review the harassing contact that the debt collectors have made (which may violate various provisions of New York or federal law), and to review your financial situation overall to determine the best course of... View More

I agree with Mr. Winterstein that the best initial course of action is to consult with an experienced attorney.

While a plan payment of zero for a particular month is not prohibited by the bankruptcy code, plans of repayment must be filed in good faith. A plan proposing to pay zero is... View More

Both the RP 5217 and the TP 584 need to be prepared and submitted with the deed for filing. Pay close attention to the grantors (must be the same as the deed from which the owners’ acquired title) and to the grantees (to ensure you are taking title how you wish). Consider hiring an attorney,... View More

While CPLR 205-a may apply strictly to extend the statute of limitations (if you are past it), it does not get around res judicata, which is a doctrine that bars re-litigation of matters that have already been decided.

You would also have to look at the order dismissing the case to see if... View More

You can file a bankruptcy, but there may (or may not) be reasons to wait until the divorce is finalized. There are a lot of factors that go into when to file a bankruptcy, under what chapter, etc., and major life changes like a divorce are intertwined with those factors. The best advise you will... View More

Your question presents a complicated factual scenario; it is unclear for example, when the case you are asking about was filed. You indicate that the second case was filed in 2011, but also that a lis pendens was filed in 2016. Was that LP filed in connection with a third case? Statutes of... View More

Less likely than with the credit card debt.

Because secured creditors are in an improved position over unsecured creditors, they have less incentive to settle debts; unsecured creditors often have little to no recourse from a debtor (who may, e.g., die or file bankruptcy). Letting a... View More

That language (without your name listed as a grantee) does not mean that you are an owner of the property during her lifetime; you do not become an heir until she dies without a will. Rather, that language indicates that the property passes to her in all respects even after her death; as opposed... View More

A text, after the fact, stating “ I’m happy to pay the expenses you demanded” is not itself a contract. The factual circumstances and your friend’s specific claim as to why they claim you owe the money will be the relevant points. If, for example, your friend claimed there was in fact an... View More

First, it would depend on the current ownership, whether he owns it alone or with someone else. A joint tenant would have rights of survivorship, which means they would take title upon his passing. Barring that, it would depend on whether he had a will upon passing, which would otherwise control... View More

Your questions are of a mostly general nature and really do require that you consult with an attorney to determine whether a bankruptcy filing is justified, if so under which chapter, and a host of other issues that would need to be reviewed. Whether you find an attorney to represent you pro bono... View More

If the property is in foreclosure and you have an interest in the property (not clear from your fact pattern, since you said your mother's husband owned the property) you most certainly do not want to wait to see how everything plays out.

The court will only contact you for things... View More