Cleveland, OH asked in Bankruptcy for Ohio

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?

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5 Lawyer Answers
Michael Hollins Sr.
Michael Hollins Sr.
Answered
  • Bankruptcy Lawyer
  • Nashville, TN

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.

Lloyd M. Nolan
Lloyd M. Nolan
PREMIUM
Answered

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.

Michael Francis Barrett
Michael Francis Barrett
Answered
  • Bankruptcy Lawyer
  • Buffalo, NY

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.

Christopher Crull
Christopher Crull
Answered
  • Bankruptcy Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

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.

Christopher Crull
Christopher Crull
Answered
  • Bankruptcy Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

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.

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