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Questions Answered by Lloyd M. Nolan
6 Answers | Asked in Bankruptcy for New Jersey on
Q: Can a debtor collect on previous debt that was discharged?
Lloyd M. Nolan
Lloyd M. Nolan
answered on Jun 21, 2022

No, that would be a violation of the debtor's discharge. 11 U.S. Code 524 (a) 2 provides that a Discharge operates as an injunction against the commencement or continuation of an action, employment of process, or an act to collect, recover or offset such debt as a personal liability of the... Read more »

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1 Answer | Asked in Probate for Missouri on
Q: 1, I misosuri can I represent. Mt 17 year old daughter in a probate case? MO law on time of marriage in order to b a hei

My 17 years Olds father passed awY n February is his new wife of 45 days still a hekr?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jun 10, 2022

Yes, his new wife is entitled to inherit, unless a will or estate planning devise provides otherwise, despite the short duration of their marriage. SInce you have children, the wife is entitled to one half the intestate estate and his children are entitled to inherit the other half. I assume that... Read more »

5 Answers | Asked in Bankruptcy and Foreclosure for New York on
Q: Does a 1 year stay in 7 bankruptcy, extend to foreclosure? Can a bank initiate foreclosure within 1 year of bankruptcy?

The bankruptcy is still in adversary proceeding at this time. It will probably be there for some time longer.. Does this mean the bankruptcy is still considered open? Is the stay in place until the adversary proceeding is complete?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Apr 1, 2022

The automatic stay in a Bankruptcy only exists while the case is open and the Stay is in effect. If you have been discharged in your Chapter 7 and the case is closed, there remains no protection under the automatic stay. If the creditor applied for, and was granted relief from the automatic stay,... Read more »

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1 Answer | Asked in Family Law and Probate for Missouri on
Q: My grandpa past away last august and all of a sudden his will was changed and his son got everytjing which is not

My mother died almost 4 years ago and grandpa told me and my brother what we was to inherit and our children inherit. All of a sudden after hes gone the will is no where to be found my uncle wont talk to anykne. Noones allowed on the farm. Gramdpa told me that me and my btother would split our... Read more »

Lloyd M. Nolan
Lloyd M. Nolan
answered on Mar 28, 2022

There are a lot of issues here. The first thing you need to do is to determine whether or not an estate has been opened in the Probate Court. I am assuming your grandfather was from the Columbia area, which would be Boone County. If there was a Will and it was validly excuted by your... Read more »

1 Answer | Asked in Probate for Missouri on
Q: Couple who split up, man passed away, spouse claiming common law marriage, any rights to the decedents property?

They split months before passing.

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 21, 2022

Missouri does not recognize Common Law marriage, unless the couple was living in another State where it was lawful. Beyond that, it sounds to me like they WERE married but had separated. If they WERE legally married, separated or not, at the time the decedent died, then the Wife is entitled to... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: How to find a will and whats on it and a death certificate in Missouri. Who to contact? Jackson County.

Dad passed in nov/21. I'm sure I'm a beneficiary but not sure. Sister won't tell me anything. I don't know where to look in Jackson co Missouri. I do have a right to see it . My dad had to have left me something. I'm sure .I don't know who the executor was.

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 19, 2022

For a death certificate contact the Missouri Department of Health and Senior Services, Bureau of Vital Records, or funeral homes typically assist in obtaining death certificates. You can check Missouri Case.Net online court records to see if a probate case has been opened. If your sister... Read more »

4 Answers | Asked in Bankruptcy and Family Law for Texas on
Q: My wife's mother is 82, she's has 60K debt in credit cards, owns nothing whatsoever. is my wife responsible upon dying?

She own's no real estate, no financial holdings, no car - nothing! nothing in her bank account and nothing in her will. Rents a small apartment. She's on Medicare and Medicaid.

Can the card holders go after my wife to pay here debt?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 18, 2022

I am licensed only in Missouri and Illinois. Based upon the law in those States, I would say "No." I am not licensed in Texas but, UNLESS your wife is a co-signer, co-apllicant, or guarantor for any of your mother-in-laws debt, I cannot see how your wife would be responsible for her... Read more »

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1 Answer | Asked in Probate for Missouri on
Q: My mom had stocks why isn't it listed on the probate final accounting,?

Their is no documentation for stocks. The estate checking account had a vanguard deposit. It sat for 1 week than removed then we got paid a sizable dirct deposit from vangard.

I don't understand. Why it isn't listed.

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 1, 2022

I could be wrong, but it certainly sounds like the Vanguard account was set up to pay on death to the beneficiaries. This would explain why you subsequently received a large payout from Vanguard. It would also explain why a payment might have gone to a bank account and then was removed.... Read more »

1 Answer | Asked in Real Estate Law and Probate for Missouri on
Q: My brother died and his real estate was TOD to me. MO Social Services asks if he owned real estate at time of death?

I'm filling out the MHD Estate Recovery Questionnaire. How should I answer that question, yes or no? Thank You!!!

Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 9, 2021

This is a tricky issue as the Missouri Department of Social Services has extensiver powers as a "taxing authority" to avoid non-probate transfers where the decedent owed a State debt - typically when the decedent was receiving Medicaid benefits. Due to the sensitive nature, I would not... Read more »

1 Answer | Asked in Probate for Missouri on
Q: My mother passed away and one of our brothers live in her basement how do we get him out
Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 9, 2021

Assuming you are within a year of your mother's death, you will need to open a probate estate. Once the estate is opened, the personal representative of the estate will have the right to retake possession and remove the brother.

2 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I filed chapter 13 it was dismissed so I filed 13 again that was dismissed so I filed chapter 7 it was accepted but home

Still sold is something I can do to get home back

Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 8, 2021

Assuming yout home was sold at foreclosure I think that you are out of luck, unless you approach the new owner(s) and you are able to negotiate a deal to buy it back. This is highly unlikely. Sometimes the new owner will allow the prior owner to rent the home. This is still a rarity. If a... Read more »

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2 Answers | Asked in Bankruptcy and Divorce for Tennessee on
Q: Divorced ex wife filed bankruptcy on house and all debt does she still have rights to the house money if sold
Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 5, 2021

That depends on what is contained in your Divorce Judgment. She is merely seeking to have her debt associated with the home discharged. There is no other effect whatsoever as to her her rights in the home. Whatever rights she had after the Divorce was granted should be the same after her... Read more »

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3 Answers | Asked in Bankruptcy for Oklahoma on
Q: The bank filed a replevin order a few months before I filed bankruptcy last week. They are still trying to serve me.

The sheriff came by to serve me this morning and I wasn't home. What do I do? Can I still be served even though I filed bankruptcy?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 3, 2021

The Sheriff has most likely not received Notice of your Bankruptcy filinh. Contact your lawyer immediately. Your lawyer can contact the creditor and file a Suggestion of Bankrutpcy in the Court where the Replevin action is pending. This should quickly resolve your issue,

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3 Answers | Asked in Bankruptcy for Maryland on
Q: I am trying to find a Pro Bono Lawyer who can help with me bankruptcy

I am needing a clean start

Lloyd M. Nolan
Lloyd M. Nolan
answered on Oct 26, 2021

I could be wrong, but this is probably not the place to find a Pro Bono attorney. We all tend to give some free advice, but most of us work for a living. Most of us do not have an independent source of income where we can afford to work for no charge. Over the years, I've known of many... Read more »

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2 Answers | Asked in Bankruptcy for Kentucky on
Q: My siblings and I own each an 1/8 interest in a property. My brother is filling bankruptcy. What happens?
Lloyd M. Nolan
Lloyd M. Nolan
answered on Oct 25, 2021

I'm not licensed in Kentucky, so you should consult an attorney licensed in your State. In most States your brother's 1/8 interest would not be exempt under law. What that means is that his bankruptcy estate would include his 1/8 interest and the bankruptcy trustee would be entitled to... Read more »

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2 Answers | Asked in Bankruptcy for Nevada on
Q: What is a trustee's final report and account?

I had a voluntary dismissal of my chapter 13 case about 4 weeks ago. I received notice that the case was closed however I have not received trustee's final report and account. What is it?

How long does it take to get?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Oct 21, 2021

The Trustee is required to make the report. It is merely an Accounting of what monies you paid in, what amounts the Trustee paid out, the Trustees fees and the balance if any remaining and where it went. The Trustee is showing you and the Court where the money went. You don't need to fo... Read more »

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4 Answers | Asked in Bankruptcy for Massachusetts on
Q: Error on 7 bankruptcy wrong amount owed 2 yrs ago discharge

Can they still come after me

Lloyd M. Nolan
Lloyd M. Nolan
answered on Oct 5, 2021

The main things are that the Creditor was listed and you received your Discharge. Assuming they were listed, the Creditor was on Notice of your Bankrutptcy and was sent Notice of the Hearing and Right to Object or File a Complaint to Determine Dischargeability. The Creditor was also sent a Notice... Read more »

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3 Answers | Asked in Bankruptcy for Oklahoma on
Q: Do I need to attend a motion for default judgment
Lloyd M. Nolan
Lloyd M. Nolan
answered on Oct 5, 2021

The whole point of the Motion for Default Judgment is for the Creditor to obtain a Judgment against you without any input or resistance from you. That's what Creditors like. If you don't attend, the Creditor WILL get a Judgment against you and it will probably be on the worst terms... Read more »

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1 Answer | Asked in Probate for Missouri on
Q: Do I have to be there to sign for the sale of the house that was willed to me and my brother my sister
Lloyd M. Nolan
Lloyd M. Nolan
answered on Sep 24, 2021

That question cannot be adequately answered without more information, such as: Is this actually "willed" to you and your brother and sister, OR is has it actually passed to you immediately by virtue of a non-probate transfer device, such as a Beneficiary Deed. Is there actually an open... Read more »

3 Answers | Asked in Bankruptcy for Illinois on
Q: Can my Sister buy a condo and rent it out to me if I am in a Chapter 13 bankruptcy?

Basically, I am going through a divorce and need to move out. Since buying a condo would be cheaper than renting an apartment, my sister has offered to buy a condo and rent it out to me. Would this be allowed if I am currently in a Chapter 13 bankruptcy (without my spouse) or would they look at the... Read more »

Lloyd M. Nolan
Lloyd M. Nolan
answered on Sep 6, 2021

As long as this transaction is not secretly funded by you, there is no issue. Your sister is a gem to do this for you.

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