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?
A:
It is not advisable to file a bankruptcy petition without using a qualified, licensed attorney who could make sure that all of your assets are covered, or in the alternative, choose to file a different type of bankruptcy petition. Without reviewing your petition to see exactly how your exemptions were used, I would not know how to answer this question.
I suggest you seek out the help of a bankruptcy attorney to review your forms and advise aftwards.
A:
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 you filed, your case the inheritance is subject to administration by the Bankruptcy Trustee.
You may want to consider a Motion to Dismiss your case. Sometimes the Trustee will not oppose a Motion to Dismiss, if the Trustee has not invested time into the administration of those assets. Your Attorney should contact the Trustee as soon as possible if you are considering this option.
A: Conversion to Chapter 13 is a possible option. No one online will really be able to tell you what the best answer is because this is a complex matter that you must discuss in detail with an attorney.
A: The Ohio exemptions provide for an exemption to protect real property when the property is your primary residence. Outside of that, the exemption you can apply to protect the property are somewhat limited. If this property is not your primary residence, chapter 7 is not a good tool to protect it. Chapter 13 would have been a better option. It is possible to convert a chapter 7 to a chapter 13, but doing so requires permission of the court.
A:
Addendum to my previous answer:
You should consult an attorney in order to fully assess the situation and see what the best options are.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
