Most experienced consumer bankruptcy attorneys had had experience with the discharge of tax obligations. You should talk to one or more bankruptcy attorneys to determine who you are comfortable with. Part of your problem is that you know how to read the statute but only an experienced practitioner can help you sort out your situation and apply the law. Good luck.
Any taxes or HOA fees that accrued post filing date are your responsibility and were not discharged in the Bankruptcy. To the extent that the Bank paid some or all of those charges, you cannot be liable to the taxing authority or the HOA for charges that have been paid. They are only entitled to collect once.
Depending on the documentation, you may be liable to the Bank if it paid those charges. The bottom line is that I always advise my clients to settle the issue of title to their real...
Yes, you are probably liable for all of the charges, not just post discharge but from the beginning if they are past due and there is a lien on your property. As long as title remains in your name, you remain liable for taxes. Insurance is somewhat different. If the bank paid the insurance and or taxes, their claim against you personally was discharged. On of the problems you face is whether to continue paying for insurance, you should at a minimum maintain liability coverage. I generally...
These are some of the problems that an experienced bankruptcy lawyer sorts out and provides you with an understanding of your alternative. The issues are too complicated to answer simply. If you are not getting guidance from your attorney, it is time to get one familiar with these problems.
Your question raises several questions that require further inquiry before you can be given advice. You state that the debt was discharged. That is a legal conclusion and requires an analysis of your filing papers. If the debt was properly scheduled, the trustee waived any claims, and it was discharged, then the lien was improperly filed and you should ask the lender to remove the lien. If they dispute your conclusion or won't co-operate then you will have to get an attorney and go to court...
The simple answer is yes. It is much more difficult to give you advice about whether you should sell the house. A good bankruptcy lawyer should evaluate your assets, liabilities and cash flow to help you decide what to do.
Yes, you can file a small claims complaint. You should get a judgment and an order from the court for small monthly payments. Once you get a judgment, you could try to seize his assets that are not exempt. Not easy. But if you know where he works or if he has any unencumbered assets
you may be able to get a state Marshal to execute against him. Most likely he is a deadbeat and takes pleasure in getting something for nothing.
Without knowing all the facts, it is probably an implied contract to repay the advances. While they may not be able to collect the contract interest, they can collect statutory interest after filing suit. If this is your only problem, you should try to negotiate a settlement that you can live with. If you have other problems, then you should consult with someone who can help you evaluate your situation and options.
You haven't explained why you want to convert. Have your circumstances changed? Has the ch 7 trustee challenged your exemptions or discovered an asset that you have to redeem? These are important to any guidance. You look back six months for the means test, but if the schedules I and J are no longer accurate, you may need to file modified schedules. Chapter 13, is not for amateurs, see lawyer for guidance.