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Questions Answered by Lloyd M. Nolan
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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2 Answers | Asked in Bankruptcy and Foreclosure for Georgia on
Q: Hello, I have a question related to bankruptcy and home ownership.

I'm a first time homeowner that purchased my home in 1998. I have been living in my home for almost twenty three years. Due to economic hardship, I had to file for chapter 7 bankruptcy in 2010. It has been discharged and no longer showing on my credit report. My question is, what are my rights... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Aug 23, 2021

Well, I hate to tell you, you don't know quite as much as you think you do. You mentioned that you have the option to reaffirm your loan. You most definitely do not have that option, as it was off the table after your Chapter 7 discharged in 2010. To be quite frank, I never advise clients to... Read more »

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2 Answers | Asked in Probate for Missouri on
Q: X-wife was killed in a car accident (Missouri)... her assets were approx $9000, Funeral costs $6200....CC bill is $14K

Given her low assets - no estate....no executor

1. Am I or our children responsible for the $14 K CC debt?

2. do we ignore the CC company...who is harassing us?

Lloyd M. Nolan
Lloyd M. Nolan answered on Aug 7, 2021

You and your children are not required to pay her debts. It appears that your former wife's debts were personal to her and she left no resources that would be available for creditors, You are entitled to tell the creditors to go to hell and not to contact you any more. Given the apparent... Read more »

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3 Answers | Asked in Bankruptcy and Divorce for Georgia on
Q: I got a letter about my ex-husband's bankruptcy case stating "a discharge under 11 U.S.C. & 727 is granted".

Our divorce was finalized 7 months ago, and the judge ordered him to pay me some money. I am wondering if he still has to pay me or not, and what do I need to do next? I have tried to call bankruptcy lawyers, but everyone I have talked to says they work for the people that declare bankruptcy, not... Read more »

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

Regina Edwards' answer is correct.

The applicable statute is 11 U.S.C. 523 (a) 15, which provides that an individual is not discharged from any debt ...

(15) to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by...
Read more »

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1 Answer | Asked in Probate for Missouri on
Q: Does 2021 notarized statement override 2017 beneficiary deed?

My dad filed a beneficiary deed for 2 of his properties in 2017 leaving both to my brother. Earlier this year, he wrote a statement saying that I am to get one of the properties and had it notarized. Our father has since died. My brother has filed a quit claim deed, making me the co-owner of one... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Jul 17, 2021

Assuming the Beneficiary Deeds were recorded, (you state "filed"), and nothing has been recorded since then, the beneficiary deed controls and your brother is the legal owner of the real properties. A notarized statement does not meet the requirements of a valid will and has no legal... Read more »

2 Answers | Asked in Bankruptcy and Lemon Law for Mississippi on
Q: Bankruptcy and a repo

My vehicle was repossessed. I want to file emergency ch 13 and get it back

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

You'd better move quickly! You may need to pay the repossession charges, depending on the procedure in your district.

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3 Answers | Asked in Bankruptcy for Utah on
Q: Need to file, I just started a new job....

This is a question for a family memwber not myself. Bankruptcy is due to a debt from a failed sole proprietor business, they no longer have a bank account into heir name due to business and those accounts being closed, due to debts they are unsure if they will be able to get an account at Bank or... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Jun 30, 2021

That can cause a lot of mess and confusion for your spouse in her bankruptcy.

Do you want to do this? I suggest that you do the responsible adult thing and GET YOUR OWN BANK ACCOUNT!

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4 Answers | Asked in Bankruptcy for Alabama on
Q: I did not read my bankruptcy petition before I signed it the lawyer made several errors

Like putting my wifes debts on the petition . And did not including 2 large withdrawals 8000 and 3000 that my wife took out of our joint account to buy a vehicle

Lloyd M. Nolan
Lloyd M. Nolan answered on Jun 30, 2021

I have noticed that any time there is an issue it is the lawyer's fault. While that may be true, your answers and statements in your bankruptcy petition, schedules and statements are made under penalty of perjury and you are ultimately responsible. The government prosecutes bankruptcy... Read more »

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5 Answers | Asked in Bankruptcy for Ohio on
Q: I have filed chapter 7 pro se and the trustee is about to take action to sell my inherited property

I thought chapter 7 protected the property but the trustee says he will use the finance from the sale to pay my debts. The will was not put through probate court in 2016 when I received the wills. Based on this information, what remedy do I have?

Lloyd M. Nolan
Lloyd M. Nolan answered on Jun 28, 2021

Your bankruptcy "Estate" includes any interest in property that would have been property of the estate if you acquire, OR BECOME ENTITLED TO ACQUIRE the property within 180 days after filing your case. If the person from whom you inherit died before, or at any time within 180 days after... Read more »

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3 Answers | Asked in Bankruptcy for Illinois on
Q: Can I file chapter 7 if I own my home and car (no mortgage or car payment)
Lloyd M. Nolan
Lloyd M. Nolan answered on Jun 25, 2021

If you own your home and your car with no loans or liens against them, you are likely to lose them in a Chapter 7, unless they are of very low value and lower than the Illinois exemptions. Your bankruptcy trustee would be entitled to sell your "non-exempt" property and distribute the... Read more »

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3 Answers | Asked in Bankruptcy, Contracts and Banking for Kentucky on
Q: Son totalled his truck, insurance expired, owes 26K to bank. Junk yard won't take vehicle. Bankruptcy solve problem?
Lloyd M. Nolan
Lloyd M. Nolan answered on May 7, 2021

That would be one solution, assuming that bankruptcy makes sense otherwise. If he has low income, owns little or nothing, and has other significant deaths, this could be a reasonable option.

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I called the sheriff about a writ of execution from a credit card debt. He said I did not have to worry about my stuff

My stuff being taken and that if they are not the correct bank accounts I'm ok

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

Interesting! So the sheriff is now giving legal advice! Being licensed only in Missouri and Illinois, I cannot speak to Pennsylvania law. In Missouri, we have laws that exempt certain types of property, and sometimes certain amounts of value, from execution. However, a person still has to make... Read more »

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1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: both parents deceased no paperwork for beneficiaries. What do we do?
Lloyd M. Nolan
Lloyd M. Nolan answered on May 4, 2021

The easy answer is call an attorney and spend an hour determining what your parents left in the way of assets, then follow the attorney's advice. That is the first step.

Often our parents leave a variety of types of assets - life insurance, retirement accounts, investment accounts,...
Read more »

8 Answers | Asked in Bankruptcy for California on
Q: We are thinking of filing bankruptcy, one lawyer wanted to charge $4k, how can I find a more affordable option to file?

Our combined debt is about $40K and we cannot afford to pay such a high price for a lawyer right now. We want to be able to buy a home in the near future, and are considering settling each debt individually or filing BK if that would be more affordable.

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

I realize the cost of the living is higher in California, but that seems like a lot. Nevertheless, if you have a complex situation, such as running a business, this may be justifiable. The most logical solution is to seek out another lawyer or firm, or ask the attorney what justifies the fee.... Read more »

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2 Answers | Asked in Bankruptcy for Missouri on
Q: Can I make an offer to settle and stop a garnishment? I have a judgement & garnishment against me for an auto.

Also, would this prevent having to file bankruptcy?

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

You can certainly make an offer or lump sum payment to stop a garnishment, assuming the creditor will agree. This will not keep you from filing bankruptcy, however a large payment to a creditor within 90 days of the date you file bankruptcy would be deemed a preference, or a preferential payment,... Read more »

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1 Answer | Asked in Bankruptcy for Illinois on
Q: I am presently working for a Retail Store that declared bankruptcy with the store closing at the end of the month.

They have since sold the store to another company. We were suppose to file for unemployment but now they are telling us we can't cause the other company bought our store. The other company wants for us to fill out new job applications. The Store closes on March 31, 2021. So who am I... Read more »

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

This is not a bankruptcy question. It is actually a question about Illiniois unemployment compensation. I do not handle unemployment issues, but I believe that you would be ineligible for unemployment if there is a job offered to you with the new company and you decline. Even if one is receiving... Read more »

3 Answers | Asked in Bankruptcy for Missouri on
Q: After bankruptcy is discharged how long before u can buy land with cash

chapter 7

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

If you're buying with cash, you can buy right away. Is that answer easy enough for you.

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2 Answers | Asked in Bankruptcy and Tax Law for Alabama on
Q: Do I have to give the trustee my tax refund in chapter 13 bankruptcy? Located in Alabama.

Do I have to give the trustee my tax refund in chapter 13 bankruptcy? I called my attorney and spoke to a Lady in the office and she said that the trustee doesn’t take tax refunds anymore. Wasn’t able to speak with my attorney personally.

Lloyd M. Nolan
Lloyd M. Nolan answered on Feb 22, 2021

I do not practice in Alabama, so that question would be dependent on the local bankruptcy rules that govern your case. In the Eastern District of Missouri, where I practice, the local rules require that debtors turn over their tax refunds (over a specific allowable amount) to the Chapter 13... Read more »

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1 Answer | Asked in Probate for Missouri on
Q: What all information needs to be included on a small estate affidavit that will be submitted to a life insurance company

My mom was listed primary beneficiary on my Dad's life insurance policies but died before receiving the payout. My parents did not have a will cuz everything was covered with beneficiaries and transfer upon deaths. Well except for inheritance of my Dad's life insurance money because we... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Feb 7, 2021

A small estate affidavit should be sufficient for this purpose. By this I mean an Affidavit for Collection of a Small Estate that has actually been filed in the Probate Court of the County in which your mother was domiciled when she died. It should have a case number and be approved by the Court.... Read more »

1 Answer | Asked in Probate for Missouri on
Q: My dad didn't have much $ he died Sept 13 I'm his only daughter how do I get his checking acct ?
Lloyd M. Nolan
Lloyd M. Nolan answered on Dec 1, 2020

There are several ways that you can potentially obtain the funds on deposit in his account. The easiest would be your father's account had a POD provision payable on death) to you or JTWROS (joint tenant with rights of survivorship) to you. In that event, a certified copy of his death... Read more »

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