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In a word, No. Her property is her property.
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You are entitled to a $11,975 exemption in NY assuming you have no other assets that may need that exemption. However, if you repay your family or friends with the money it will be taken back by the Court as a preferential payment. You need to plan this bankruptcy carefully. If you are getting a $5,000 tax refund you certainly can afford a competent lawyer to represent you which includes pre filing advice.
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Congratulation, you have just committed bankruptcy fraud. Any inheritance received or to be received before or within 180 days after your case is filed is property of the bankruptcy estate, must be reported to the trustee and will be distributed to the creditors. Your only option is to reject the inheritance if that is not too late.
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First things first. Credit Cards are by definition a personal debt. When you signed the application you more than likely signed a document which held you personally liable. It is usually in a sentence stuck in the middle of the application. Second. If you did not provide these creditors to your lawyer then you should pay to have the case reopened and have the additional creditors added. See if your lawyer ran a credit report for you. He should have. Then see if the debts are listed on...
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If your case is closed and you received your discharge you will also receive your tax refund assuming you do not owe any taxes.
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Your father cannot be forced to pay your debts and I would not include his income or even consider him as part of your household as your are really living gratis in his household.
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There is fraud and then there is fraud under the bankruptcy code. You need to bring your complaint and judgment to a bankruptcy attorney.
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There are 2 ways it is commonly done. One is to list the additional addresses as if they are separate creditors but with the balance at 0 and note "Notice Only" in the description OR just add the additional addresses to the mailing matrix.
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Congress changed the law in 2005 to allow lenders to repossess cars if the loans are not reaffirmed. In the 1,000 or so cases that I have filed since the law changed, only Ford has exercised that option. You may want to call your Credit Union and ask them what their policy is. You may also be able to get the credit union to lower the interest rate. It never hurts to try. Good luck!
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Yes, but you will not get your discharge until you file the tax return for 2011.
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