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?
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... View More 
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.
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.... View More
I'm filling out the MHD Estate Recovery Questionnaire. How should I answer that question, yes or no? Thank You!!!
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... View More
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.
Still sold is something I can do to get home back
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... View More
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... View More
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?
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,
I am needing a clean start
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... View More
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... View More
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?
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... View More
Can they still come after me
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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?
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... View More
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... View More
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... View More
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... View More
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... View More
My vehicle was repossessed. I want to file emergency ch 13 and get it back
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.
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... View More
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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