Get free answers to your Bankruptcy legal questions from lawyers in your area.
I filed for chapter 7 in June 2019. Would have been sooner but elderly lawyer took 9 months to file a very simple chapter 7. Two months later, my chapter 7 was discharged & my mother unexpectedly died in a heap of trash & dead animals in her house & left me money. I am still traumatized... View More 
answered on Oct 1, 2020
The "180 day rule" is pretty straightforward. If your inheritance "ripens", i.e., becomes an enforceable right within that 180 days, you are obligated to inform the court/trustee, and turn over the inherited funds, for the benefit of the estate and its creditors. There are no... View More
I am looking to clear past cebt. I have no assets. I do have a car that is paid off.
Can I quick deed the house over to my father and file bankruptcy later?
answered on Sep 4, 2020
First of all it's "quit claim deed", not quick
You have just described the classic insider or inter-family transaction which will be reversed if it is done less than a year before you file. You should go see a good lawyer who does bankruptcy to analyze where you are. I... View More
Are medical debts dischargeable in a Chapter 7 if they are only under the filing party's name? If the filing party is married, will the non-filing spouse be held liable for a spouse's medical debts in a Chapter 7? (In Colorado)
answered on Aug 20, 2020
Medical debts are dischargeable and non filing spouse will not be liable for them unless she signed agreeing to be responsible.
answered on Jul 21, 2020
You need to consult with an attorney for an in-depth answer because there are several different exemptions which might apply. That said, here is part of a decision in a Colorado bankruptcy case (Case:17-13786-JGR Doc#:35) which sets out some of the relevant law:
C.R.S. § 38-41-201.6 was... View More
More specifically the disposition of the claimants involved and possible settlement information.
She owns the house and doesn't live here, and I pay her rent monthly out of my bank account and have been paying her back rent too.
answered on Jun 11, 2020
It won’t hurt to disclose that, but it will have no adverse effect on you either way.
answered on Jun 10, 2020
While they don't have to, bankruptcy trustees have been leaving stimulus money alone.
If you file before any bill passes providing for a second round of stimulus, that money would not be part of the bankruptcy estate.
Additionally, the CO legislature is working on a bill to... View More
answered on May 5, 2020
No. File your expose motion with the Court. No need to terminate stay if you file in the bankruptcy court.
answered on Apr 15, 2020
Under the Stimulus Package, in Section 1113(b), Congress has decided that these stimulus payments to the American people should not count against them when it comes to bankruptcy. As such, in the Stimulus Package, Congress is amending the Bankruptcy Code as follows: “[e]xclusion from Current... View More
ESSENTIALLY THE ONLY WAY TO REFINANCE OUR PROPERTY IS THROUGH FHA WE ARE 69 YEARS OLD AND THE FRESNO CA. OFFICE PLACED A NEGATIVE REPORT ON A CAVIRS REPORT AND EVEN KNOW WE HAVE NEVER BEEN 30 DAYS LATE ON ANY MORTGAGE-FHA WILL NOT REFI UNLESS SBA REMOVES THE NEGATIVE AND PAY THEM WITH A NEW... View More
answered on Apr 10, 2020
You are not obligated to pay the debt as it was discharged. However the SBA and FHA are not obligated to continue to do business with you at all. If the liens were not avoided, they are still valid. You should consult an experienced bankruptcy attorney who can consider all your options, but... View More
BASICALLY I HAD PAID DOWN $21000 ON A $36,000 BALANCE , AND I'AM TRYING TO OBTAIN A NEW FHA LOAN , WE REAFFIRMED OUR HOME AND AUTO LEASE PAYMENTS WITH THE BANK, BUT I WASN'T AWARE THAT THE SBA COULD BLOCK US FROM GETTING A NEW FHA LOAN BECAUSE OF THE BALANCE THAT WAS INCLUDED IN THE... View More
answered on Mar 31, 2020
Contact a California Bankruptcy attorney who’s can analyze the situation for you and direct you as to what to do.
We are now doing a refi on our PRIMARY home (not the rental) and the mortgage company we are using for the refi insists they must include the rental property as a debt even though, according to our bankruptcy records, it was dismissed. We have been voluntarily making payments on the property since... View More
answered on Feb 12, 2020
Get a copy of your 2002 bankruptcy and show the lender where it was listed and then discharged and that should resolve the problem.
There is an area behind four homes in our area that is a very steep, collapsing hill. The home buyers understood from a design plan that the developer would build retaining walls to prevent the hills collapse. Our builder is now saying it is the responsibility of the HOA - not him
answered on Feb 10, 2020
Who owns and is thus responsible for the retaining wall? Generally, a builder initially owns all common areas, but at some point in the development process the developer assigns ownership of the common areas to the HOA. After this assignment the HOA owns the common areas/walls and is responsible... View More
answered on Feb 5, 2020
You can probably protect the car with your state or federal exemptions if you’re filing bankruptcy. Do not put the car in your sons name bc that could be fraudulent. Consult a competent bankruptcy attorney before you make any move.
She has a student loan and credit cards that she is unable to pay due to the amount required to take care of health needs
answered on Jan 22, 2020
She should seek a forbearance due to her illness unless she has a lot of other debt as well, especially since the student loans are no dischargeable. She should consult a competent bankruptcy attorney to discuss her full options.
My lawsuit hasn't been settled yet.
answered on Dec 11, 2019
If you had a claim against a third party on the day the case was filed, that is an asset which is probably property of the bankruptcy estate. This means that the lawsuit isn't yours to settle. Your attorney in the suit will need to coordinate with the trustee to settle the claim. Part of the... View More
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