If your parents are currently in a pending (not yet closed) bankruptcy case, none of their creditors can proceed against them, or their estates, without first procuring relief from the automatic stay in bankruptcy.
If your parents are in a Chapter 7 bankruptcy and have defaulted in mortgage...Read more »
The ownership interest (your shares of stock, etc.) in the LLC will become property of the bankruptcy estate, over which the bankruptcy trustee has possession and control. If there is no value in the LLC that can be sold/turned into money, the trustee will abandon that...Read more »
The simple answer is that all of your assets, including your shares of stock/ownership interest in the LLC, will become assets of the bankruptcy "estate" which is created when you file for bankruptcy relief. The Chapter 7 Trustee then "steps into your shoes" with respect to those assets, and...Read more »
We had followed the lawyers instructions to the letter and thought everything was finalized 5 years ago. Just found out Discharge never happened. Now lawyer says we need to pay court fee to reopen to file for discharge and he won't charge lawyer fee so long as he doesn't have to attend any... Read more »
I filed for bankruptcy without attorney ended up in car accident got an attorney (for car accident only still no bankruptcy attorney) who told me not to worry about telling courts yet. Now almost completed chapter 13 filed lawsuit sometime in 2018 after bankruptcy had already been filed I only... Read more »
I filed for Chapter 13 last year, but did not complete the petition. It was dismissed more than 365 days ago. But the filing was in 2018. If I file again, will the automatic stay apply? The last petition was dismissed in May 2018 and we would be filing again November 2019. I am planning to... Read more »
An automatic stay will kick in when you file a second bankruptcy, but will only last 30 days from the date you file the new petition. Within that thirty days, you can file a motion to extend the stay for the duration of your case, which of course you should do. That motion must identify the...Read more »
First attorney was to refund me 5200.00 dollars. Never did. Second attorney can get that for me but I will only get 1000.00 back. He stated I need to pay taxes and excess charges. Is this legal? What should I do?
This question leaves a lot to the imagination. If your first BR lawyer never gave you $5,200 way back in 2011, why are you just now trying to recover it? Oh..wait; let me guess? So you can pay BR lawyer #2; right?
There would need to be at least one initial face-to-face meeting, just lawyer and client (this is my personal requirement, not a requirement of law). The remainder of our communications can be by email if you can scan documents and send to me, and then if you can p;rint and sign documents....Read more »
Yes, and it happens frequently. There are companies out there whose business is to handle/service accounts of others that are deemed "bad", or "uncollectible", etc. Transfers of claims are specifically authorized by the Bankruptcy Code, and also occur in Chapter 7, 11 and 12 cases.
My expenses exceed income. I am looking at both chapter 13 and chapter 7 options. Did the clock start when i filed for the chapter 13 in 2012 or the conversion date to chapter 7 in 2014? At what time am I able to consider chap 13 or 7? My minimum payments are current but only because I am taking... Read more »
Unless you took a security interest in the debtor's real or personal property at the time you advanced the money, and "perfected" your lien by filing in the designated places (Registrar of deeds in county where real property is located, or Sec. of State of PA and/or county for UCC-1 filings), then...Read more »
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.