I'm sorry for your loss.

There is an automatic stay that is issued when you file. This stops all collections and holds off the eviction process. You should consult with a bankruptcy lawyer to review your situation and advise you of the best way to proceed. May bankruptcy attorneys... View More

I'm sorry to hear about what happened to your mother. A hip fracture can be incredibly painful and life-altering.

Generally speaking, when a company files for bankruptcy, there are automatic legal protections that pause most lawsuits, called an "automatic stay." Whether or... View More

You should hire a lawyer immediately if any of his 401k is left to have it held for child support AND if you intend to separate from him. Generally, if you are living together it is perceived that you are accepting his quitting his job and you will not get a child support order. He can not avoid... View More

Even if the underlying indebtedness of your co-borrower is somehow discharged, you as a co-borrower cannot compel the removal of that co-signor absent an agreement with the creditor to do so. And in my experience, it would take a substantial payment to the creditor to get that done.

Be... View More

Generally speaking, even debts owed to creditors that do not receive notice are discharged in no asset cases.

The answer to your specific question will likely depend on the timing of when the debt arose. If the student withdrew after she filed her chapter 7 petition, there is a possibility... View More

Typically, a deed in lieu of foreclosure is preferable because you are in greater control of the outcome. Issues that will need to be addressed are the waiver of any deficiency by the lender, the tax implications of a deed in lieu of foreclosure versus a foreclosure, the date you have to vacate,... View More

I do not know where the 40 months you are claiming are required are coming from. I have practiced bankruptcy law in SC for many years and have never seen such an issue. I assume you are trying to file by yourself without an attorney. I would advise that you talk with an attorney and hire him or... View More

If you want to sue them for the business assets, i.e., the house, then you're going to have a statute of limitations problem on your claim for waiting for 7 years after the business was closed and filed for bankruptcy, and potentially an issue with the bankruptcy court, since it sounds like... View More

In a bankruptcy filing, you have no choice about which debts and assets you disclose in what all you file with the Court. You sign your several Court documents under penalty of perjury (a felony) and it's never smart to morph a money issue into a criminal case,

There are some special... View More

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answered on Mar 31, 2025

If the debt, apparently a note, was actually discharged in BR, then there is nothing for the mortgage instrument to secure payment of and is void. Check out the BR carefully to make sure the debt was properly listed and discharged. The collection may be in violation of BR law. A possible... View More

Any transfer within a year or three for less than "full consideration", i.e., fair market value, will be subject to scrutiny and probably rescission, and may be grounds for replacement of the debtor in a Chapter 13 case with a trustee. The bankruptcy laws in the US have been on the books... View More

If you are a co-owner of the car, the car should have been listed as an asset on your scheduled. That being said and with transparency being key, I would amend to add that. Given that your name is also on the car, I would amend and then wait until the bankruptcy is final before attempting to sell... View More

You have a 27,900 exemption that allows you to keep up to 27900 in equity in your home you live in. It must be your residence. You also have a 4500 exemption for a car. If you live in the home and the truck is in your name you should have no problem.

If the foreclosure was just filed (as your questions suggests) it may not yet be the right to to consider a bankruptcy; especially if that is the only issue you are trying to resolve. If by "paperwork" you were referring to a notice of a sale, then that is a different story and you may... View More

When you filed for bankruptcy relief (assuming this was your first bankruptcy filing), an automatic stay was enter, BY ORDER OF THE BANKRUPTCY COURT WHERE YOU FILED, prohibiting any creditor/claimant from taking or continuing all actions against you and/or your property. Only the bankruptcy court... View More

That was 28 years ago. Any statute of limitation has long since expired. Your mother likely sued for wrongful death of your brother, and was likely awarded the policy limits of the drunk driver. Even if you were within the statute of limitations, there is likely no other money to collect. It is... View More

Most "forms" are a trap, trusting you to choose what may be relevant to the Court. Most courts have rules that prohibit offers of proof on matters not well pled in the forms.

And a pleading almost certainly triggers a court hearing.

On top of that, most lawyers will... View More

No, there is no "form". I have answered your question before a few weeks ago, and an out of state lawyer provided a thoughtful answer. If you refuse to file bankruptcy you need to hire an experienced attorney to help you, this is too difficult a Motion to attempt to do on your own. A... View More

Based on your description, it appears you are fighting an uphill battle that you can never win. Consider looking into filing for bankruptcy. But first, please understand that bankruptcy is a very complicated process. It is important that you educate yourself about bankruptcy before jumping into the... View More

Eligibility for the different chapters of the Bankruptcy Code are in Section 109.

Here are two helpful sitess:

www.experian.com/blogs/ask-experian/what-are-the-requirements-for-bankruptcy/#:~:text=Chapter%207%20bankruptcy,?msockid=0b6ad8f42a4e6c3a3945cb8c2b676d4c... View More