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... View More

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... View More

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... View More

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.

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... View More

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,... View More

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.... View More

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,... View More

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... View More

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

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... View More

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.... View More

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... View More

That is an interesting set of facts. I must advise you that I am not licensed in New York, so I can only discuss how I believe things would be in Missouri under Missouri law. This means that you will need the services of an experienced bankruptcy attorney in New York. Perhaps I can at least... View More

The period in which an Estate must be opened in Missouri is One Year from the date of death. I'm not sure how your sister was able to take everything without a probate estate being opened. If the 2 vehicles and the 3 houses you mentioned were titled in such a way that your sister became the... View More

No. A secured debt is a debt secured by the collateral in your possession. When the vehicle is repossessed by the Creditor, the collateral is in the Creditor's possession and the debt is no longer "secured."

In our District, the Court and the Chapter 13 Trustee require that the debtor pay a portion of all bonuses received into their Chapter 13 Plan. Bonuses are additional income and the debtor is required to use his or her "best efforts" to fund the Chapter 13 Plan and pay a meaningful... View More

You should be able to file a bankruptcy case for your mother under the authority of a suitable power of attorney in the instance where she does not have the mental capacity to participate and handle her own filing. The U.S. Trustee, which is the branch of the Federal Government that monitors... View More

It's very hard to address your question because I think it is a poor choice for your father to name you as attorney-in-fact under his Durable Power of Attorney when you are in a position that you are considering bankruptcy. Is there no other responsible person that he could name for this... View More

There are a lot of moving parts to this question. First, I am not licensed in Alabama or South Carolina, so I cannot give you a definitive answer. However, I am licensed in Missouri and the laws of most States are similar -- you will need to consult local counsel, of course. In Missouri, a... View More