if he files bankruptcy intending to discharge his indebtness to you (the defamation judgment), he has to list you in the BK petition and notify you in writing accordingly. i don't think he will be able to discharge it because it is an intentional tort as opposed to a negligent tort.... View More

Burton A. Padove Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2011

Assuming that you are a mortgage holder or sold the house on an installment contract, you file a claim with the court and hire counsel as the situation is quite complex.

Burton A. Padove Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2011

The more important consideration is the kind of debt and whether it is dischargeable. The answer to your question also depends on whether you are seeking a Chapter 7 bankruptcy. If so you have to pass the means test. That test determines whether your income is low enough for you to qualify to... View More

you have a promissory note with the bank. that is the instrument that makes you indebted to the bank. the mortgage is simply a lien on your house that the bank can use as security for getting the note paid. simply deeding the property back to the band DOES NOT release you fronm the note. in fact,... View More

Burton A. Padove Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2011

If that is his only debt and he has no other assets, I would not file a bankruptcy.

Both Superior and Circuit Courts are courts of general jurisdiction, meaning they handle all cases. File the case with the county clerk. The computer will randomly assign you to a court. Most likely to one of the dozen superior courts. There is only one circuit court per county, so you are less... View More

I would have to see the form, but I believe you are referring to the original debt owed as reduced to the form of a judgment.

I do not follow the question. But if you are asking if you can file bankruptcy after a foreclosure has already atarted, then the answer is yes. In some cases that is helpful. In some cases it will have limited benefit. Talk to a lawyer to learn which applies to. You.

The answer is very specific to each person. If your debts for items other than your house and car are more than your annual income, bankruptcy is worth considering.

Findings are a very broad legal term that relate to finding the truth about stories told to judges. The question is not the findings but the words about what was ordered done. What was the text of the judgment or order?

The solution has many variables so you will need to consult a lawyer. The key question is whether the judgment creditor received no notice of your bankruptcy. There are exceptions to this requirement. If the creditor received notice, the creditor could be subject to contempt of court.

Call the court using this information to verify his filing: http://www.insb.uscourts.gov/mobi/divinfo.html.

I don't know if Legal Services of Indiana or the Indiana Legal Aid Society can help. LSO has a program for the elderly that can offer more assistance for those over 65 than the average person.

It depends on the status of the foreclosure proceeding. The key document from the state foreclosure court is the praecipe for sale. From that document being served on you, it is approximately 30-90 days. It can take many months before a pracipe issues. It can be days. If there is a decree or... View More

Liens can attach at any time before a bankruptcy petition filing, without regard to garnishment. The only lien avoided by a deed back to the lender is the lender's mortgage.

No credit card purchases in 90 days before bankruptcy filing. Any transactions done are subject to being undone.

Bankruptcy does not change your obligation to file tax returns. In fact, failure to file tax returns can lead to your case being dismissed without a discharge of your debts.

The refund may be required to be paid to your bankruptcy trustee. Dismissal is possible if you fail to comply here, too.

When a bankruptcy is filed, the bankrupt person / company has to list its creditors. The bankruptcy court is asked to discharge, or eliminate, the debts of the bankprupt person. When the bankruptcy court gets ready to do that, it sends a Notice to the creditors, and they have a deadline to... View More

Check with an attorney admitted in Indiana. Exemption issues can get fairly complex.

The National Association of Consumer Bankruptcy Attorneys (NACBA) has a useful lawyer finder.

[There is exemption information for Indiana at the link below.

See... View More