Through Probate [mother willed son to be the Executor and Trustee of their home in South Carolina] whereas the mortgage has gone into the Foreclosure process. He has filed Chapter 7 solely upon the mortgage debt, but the mortgagor will not release the home or accept any offers for said home. What... Read more »
answered on Mar 14, 2023
Despite the express wording of Section 506 of the Bankruptcy Code, the US Supreme Court has ruled that there is no "cram-down" of secured claims in a Chapter 7 case, and the provisions of Ch. 13 likewise prohibit a "short sale" of mortgaged property where the holder of the first... Read more »
i am 71 years old. i have served jury duty 16 times in my lifetime. can i be called again?
The home is a probate estate home, whereas the tenant is the son (Executor) and heir. The home was willed to the son, but he says that the mrtg lender told him he has no rights to the home because he is not on the deed. Is this true?
answered on Apr 5, 2022
Yes. They can file the day before the auction. If the property was willed to the heir, then the heir has an ownership Interest in the property.
The property is an empty parcel and not the residence of the debtor. He has only partial interest that does not exceed $5000. I am trying to find out if he can sell without being affected by the judgements. Using info from the S.C. Code 15-41-30, can he sell it and still remain "judgement... Read more »
answered on Jun 22, 2021
S.C. Code 15-41-30 refers to the homestead exemption, and you have stated it is not his residence. Therefore, the property is not exempt from creditors. Whether the lien is properly filed is another matter. However, if the lien is valid, then, although the property can still be sold, the lien... Read more »
I bought a mattress in October of 2020 from a furniture store, and financed it. I filed Chapter 7 bankruptcy approximately 6 months later, and it was discharged in April 2021. Now the creditor is demanding the merchandise back or they will take court action. I thought I was done after the... Read more »
I went to rent a uhaul and was refused service because I came in with a person who drove a uhaul for someone else who was associated to someone in debt with uhaul. So I left and came back with my mother. In which they refused service to because she is associated with me. The whole time they... Read more »
answered on Mar 11, 2021
You can’t be held responsible for the debt but they are within their rights to refuse service to anyone.
answered on Nov 2, 2020
that's a question you will have to ask the credit bureaus. Lawyers run the law business, credit bureaus do theirs.
I also have absolutely no assets in my name at all.
answered on Nov 2, 2020
Section 109 of the Bankruptcy Code describes who is eligible to be a debtor in a Chapter 7 case. Basically, there are upper limits to permissible income, which is no bar for you. So yes, you can file a Ch. 7 petition without joining your husband, and you don't need his permission, either.
I have a small business that has been wiped out due to COVID-19, I am in the process of building my celebrity status as a writer/cat behaviorist but that takes time. Unemployment has been cut off, account "In Review." I have about 30K in cash, thanks to EIDL and PPP loans. If I file... Read more »
answered on Aug 7, 2020
Qualified yes, but you need to speak with a practitioner who can evaluate your entire financial situation first.
My parents died intestate with their home in foreclosure status. I have been told I am not responsible for the loan itself, however, I was served with an Owner for Joiner as Defendant because I am listed on the deed. When I went to inquire about purchasing my home, this came back against me. Is... Read more »
answered on Jun 30, 2020
You are not legally responsible for the debt. However, if you wish to inherit or retain the property, you will have to pay off that debt.
I'm confused because I never discussed bankruptcy and never filed for bankruptcy I don't understand why that would be the data source so I'm trying to find out if I do actually have some kind of warrant out that's legitimate
answered on Apr 2, 2020
Bankruptcy Courts do not issue warrants: they are not criminal courts.
Check with the clerk of the bankruptcy courts in SC and see if they have anything on file for you.
is jointly owned by one debtor and another person not named in the filing, is that vehicle exempt from being collected?
answered on Mar 20, 2020
No, it is still listed as an asset. You own 1/2. If you use your exemptions to protect your interest, you may be able to protect it.
answered on Mar 10, 2020
You don’t even have to file a motion. All those things are already exempt from discharge under the Code!!!
vehicle used as the collateral even though the customer was making payments thru the courts and now want to continue to make payments
answered on Mar 2, 2020
If the lien was avoided, no. If the lien was not avoided, then yes.
I don't know what to do filled out paperwork is said to put down all debts no room on the form in Tennessee it's a felony not to list all your debts. I don't want to go I found I don't want to go and I don't know what to do. If I don't go I can have a felony cuz the... Read more »
If debtor doesn't pay amount specified in chapter 13, will the claim be refused?
answered on Feb 3, 2020
If the debtor doesn’t pay the claim as set out in the Chapter 13 plan, the case will likely be dismissed.
bankruptcy was discharged over 10 years ago and now bills have started to come in again demanding payment. can they do this after the matter had been written off
answered on Jan 22, 2020
Depends on whether the 2nd mortgage lien was avoided. If it was, then no. If it wasn’t, then they can move against the property but they cannot get a money judgment against the debtors.
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