My brother purchased his home in 2002. He filed ch 7 bankruptcy; all debts discharged 7/8/11. On 12/14/09 he executed a Quitclaim Deed and made me a Joint Tenant with him on his house. I did NOT sign a reaffirmation agreement on his mortgage loan.
I assume the loan only had his name and was made prior to the bankruptcy. We would need to know how it was treated in the bankruptcy--even with a discharge, he may have re-affirmed the debt making his estate liable. Regardless, your title is subject to the lien--liens are not automatically...Read more »
An irrevocable trust would better protect the asset (generally), but there are ways to still get to the asset if it's shown to be a fraudulent transfer. You can't just hide your assets from creditors, and transferring the asset to an irrevocable trust on the eve of bankruptcy (or pending...Read more »
A licensed contractor was hired to paint my house. They demolished parts, caused many expensive damages, then abandoned job. State Licensing Board investigated, agreed of damage & license was revoked. Contractor hid to not pay. I filed a claim with their insurance with 3 estimates of each... Read more »
Record show that they served me by mail, yet at the time my mailbox for my apartment have been vandalized and was down for a while until the post office came in put in a new mailbox. I had no mail coming in. I never received the summons even when the mail was all delivered once the box was in... Read more »
Several issues arise in this matter which you have not mentioned in your question. When did the creditor's claim arise: before or after you filed bankruptcy. (Not the judgment but when you knew this was a potential debt.) Was the creditor listed in your bankruptcy? Has your plan been...Read more »
The mechanic's lien is a secured claim, secured against the property on which work was done. That doesnt go away just by virtue of the bankruptcy filing. You can file an adversary in the bankruptcy case though to get rid of it, if you believe it is based on fraudulent charges. Also, you want...Read more »
Your inquiry requires more information. Are you in a pending bankruptcy? If so, is it Chapter 7 or Chapter 13? Did you include the contractor as a creditor in your bankruptcy? Please provide more information in order to receive an appropriate response.
But I’ve never received a letter or any paperwork,and they said I didn’t showed up at court, so I’m asking for professional advise , they said that they served me a letter but I haven’t received anything, nor anyone at my house have seen anything like that,
Dear Salvador, These things often take a person by surprise. You should see a bankruptcy lawyer immediately for advice. Most BK lawyers do not charge for advice and will give you a free consultation. Do you need to file for bankruptcy? Nobody knows. That's why you are being advised to see a...Read more »
Suggest you consult with a bankruptcy attorney in your area to analyze ability to file a chapter 7 in order to discharge the debt. You may find one on this site. Another option is checking with local bankruptcy court for possible Legal Clinic in your area for assistance.
I believe you're referring to a proof of claim form received with respect to a chapter 11 bankruptcy case. If you have a claim against the Debtor, then you may fill out the claim, and attach supporting documentation. You may be able to fill out the claim online (depending on the court and...Read more »
I want to make sure that I’m filling this out correctly. I live in California don’t own home and want to hand over my vehicle to the lender. However I want to keep all of my personal belongings. How do I make sure it’s filled out that way, please advise. Thank you.
I urge you to consult with a bankruptcy attorney in your area. The key to a successful bankruptcy is properly and fully completing the documents required by the Court. Or, contact the clerk's office at your local bankruptcy court to find out if they have bankruptcy clinics or legal clinics...Read more »
I am filing bankruptcy pro se. after filing, I received a mechanics lien on vehicle that I planned on handing over to the bank. What forms must be filed for this? Please help ASAP. I have no time to hire an attorney. Unless you know one that can get paperwork complete in 24 hours.
The car is in the shop and I owe $3800 on it. They have just put a mechanics lien on it. I want to hand over the car to the loan company during my bankruptcy, how do I do this and what forms do I need. I’m filing pro se
I can think of a few laws that fall under this idea, but none that are intriguing enough to write a paper about. Any ideas of a law that we regularly abide by even though it doesn't directly align with personal values?
"We have respect for the law, as an institution, even though... Read more »
Not sure this meets your "regularly abide by" criterion, but, I practiced in Oklahoma City for 15 years, and there was a criminal law on the books sanctioning the "Abominable Crime Against Nature" (originally passed, it is surmised, to outlaw anything that gay people might do...Read more »
I am suing my brother for defaulting on a loan repayment for which I had a contract with him for purposes of payment by him he has a monthly check to which I am entitled to half and he has been spending it instead of using it to repay me so I sued him and he never responded which put him in default... Read more »
IM in a middle of a divorce. I have been paying the debt solely for a year. Im now in a situation of BK. My question is will I be repaid for the time i have been paying the debt solely and if so how do i collect that money if the spouse can't pay their share?
Debt incurred during the marriage is considered community debt. Liability for that debt is therefore shared equally. However, family courts are considered courts of equity. If one party has a better ability to pay off that debt, the court may divide it in a way that reflects the parties'...Read more »
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