A friend of mine has a neighbor who is in danger of being foreclosed on due to COVID impacting his business. They are willing to sell me the home, however, I don't have the credit available to purchase it using a conventional loan since I already own my own home. I’m hoping to move into... Read more »
You really, really need a lawyer to review your plan. First, your agreement with the neighbor has no binding effect on the mortgage lender. They aren't going to stop foreclosing because you plan to start a lengthy process of acquisition. Indeed, if you try to record any form of sale, there is... Read more »
A business partner of mine is considering filing for bankruptcy either 7 or 13. Me and him purchased a property together to rent as an income property. He's the only one on the mortgage. He's on the title and I'm on the title (via my business name). Am I at risk for losing the... Read more »
You would be wise to consult your own bankruptcy counsel, not to prepare your bankruptcy, but to plan options. You might want to buy him out in one way or another, and it might be better to do that from within his bankruptcy. It is an interesting problem, but, to answer your question, yes, you are... Read more »
What can I do to keep the house? Do you think the mortgage company will work with me & my wife to help us stay in the house?
You should be able to keep the home with certain conditions if you file a chapter 13. I suggest you speak with a bankruptcy attorney to properly advise you in your unique situation.
We’ve been residing in the US for the past 5 years, and now unexpectedly the company, most likely will declare chapter 7 bankruptcy. Can we still file for immigration?
Yes.
I received a letter from a collection agency claiming that they are the owner of an old debt and due to the time that passed they can't sue for the balance of $18K but would like to settle for $3.8K.
What should I do?
Talk to a lawyer. If the time for filing (statute of limitations) has passed, they can’t collect from you at all. Don’t do anything until you talk to a lawyer.
The ch.7 was discharged two years ago and wasnt reaffirmed. I want to do a deed in lieu of foreclosure to get the lien out of my name. Will the deed in lieu be on my credit report if the house was included in the ch. 7, discharged two years ago and never reaffirmed?
If you discharged the mortgage obligation in a Chapter 7, you are no longer personally liable on the debt; however, the lien of the mortgage remains on the property. You do not have to do anything in this scenario. Many debtors discharge their personal liability on a mortgage load but continue to... Read more »
Even if they have a clause in the contract that says otherwise?
Yes. Under federal law as well.
You need to file the chapter 7 ASAP to stop the farm. You can only recover monies taken AFTER the filing. Those taken before filing are lost.
Yes, all personal injury proceeds received in lump sum is 100% exempt; however, do not deposit it into an account with other funds--keep it completely separate until after your discharge, so as to be able to prove every penny came from the settlement check. Once you commingle it, you risk having... Read more »
Filed bankruptcy Sept 17. Eviction was filed Sept 23. Landlord waited 30 days with no contact til Oct 23. Threaten eviction. Never received eviction paperwork. Sheriff came out to evict. Provided half of rent owed to landlord. Still providing rent owed to landlord but landlord is still threaten to... Read more »
I believe that the Landlord would have to get permission from the Bankruptcy Court to proceed, otherwise it would be a violation of the automatic stay. Contact your lawyer as soon as possible
I have learned that if one file for Chapter 7 bankruptcy, he will lose his house if the amount of equity matches the amount to be paid to the creditors. There is one exception which is homestead exemption and allows you to protect certain amount of equity.
The question is after homestead... Read more »
No. It is measured at the time of filing. In addition to the homestead exemption, you also have a wildcard exemption you can use to protect more equity. If you still have unprotected equity flyer that, you should consider filing a Chapter 13.
Yes.
Yes. She will have to pay for the car or they will repossess it. As long as she pays as agreed, no adverse effect on her.
Statute of limitations on what?
Would I have to have the Ch13 in NYS dismissed and then refile in MD? The payments to the trustee are too high. I'm struggling to pay it. Also, I owe student loans. I Am planning on going back to college. You do not have to pay back student loans while you are in school at least half... Read more »
You can dm your 13 in NYS and refile in MD once you meet the residency requirement. Probably should enroll now and get deferment status in place before you file in MD.
I am selling family home. Brother refused to give me the lawyer name who filed the bankruptcy so I can make sure it was not added to bankruptcy case?
Unless sealed by a judge, all documents in a bankruptcy case are available to the public. Call the BR court.
I have completed my schedule A/B and other forms that are due tomorrow. I just need to know if I place only my 50% interest on my schedule a/b as this drives my answers for schedule c exemptions and other docs as you know. I would appreciate any feedback but I don't have time to discuss... Read more »
You have to list the house as an asset in which you have a 1/2 undivided interest in the bankruptcy petition. But if you’re filing a 13, it’s a repayment plan so none of your assets should be in jeopardy.
It doesn’t disappear ever. When a Chapter 7 is filed, the automatic stay is created. If the 7 goes to fruition, debts are discharged in about 90 days. If it is a Chapter 13 repayment plan, it can be up to five years.
Yes, if you haven’t been charged criminally.
& I die - can they take my life insurance of 10,000. for which my son is beneficiary? He is not on any of my accounts, but would be my executor to my estate - which is worth very little.
No. The life insurance passes outside the estate directly to your son as beneficiary. It is safe.
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