David W Kestner’s Answers

As previously mentioned it is unlikely you will be successful under these facts. However, to answer your question, the process would be to file a chapter 7 petition and then file an adversary proceeding to declare the debts subject to discharge. This adversary proceedings, is in the nature of litigation, and it would not be recommended that you proceed without an attorney to represent you. You would need to be familiar with the law, the rules of procedure and evidence, compliance with...

This depends on local practice. Call the local probate division and ask the question. It may be that the petition has been filed, but that it is insufficient, there may be unmet bond requirements, etc. It is unclear if you are the pending purchaser of the house, an heir of the decedent or perhaps an agent.

While this is likely marital property, marital property is only relevant on the date of divorce, at which time the court can take such action to divide joint property or to grant an award to equitably distribute the property. Since the property is not joint, it is titled to him and removing the property without his permission or using his card could be construed as theft.

Maryland's exemptions include an exemption for "money payable in the event of sickness, accident, injury or death of any person". There is some dispute as to whether this allows exemption for economic damages, so your bankruptcy attorney would have to look at that issue. If you are only 60 days past due it is unlikely the creditors will take any formal action and when they do, they will have to sue you before they can garnish, etc. This will take some time. I am not sure you need to...

Your lawyer has an ethical duty to continue to represent you until a court grants her motion to withdraw. Such motion will generally be granted unless your court date was imminent, in which case the court might deny the motion. She can not refuse to communicate with you until her motion is granted.

If you are filing this yourself without an attorney, you need to hire a process server to attempt service at the last known address. If that is unsuccessful, you can file an motion for alternate service. if you can show her taking actions to avoid, that should be sufficient. Otherwise, you can file such a motion after taking substantial attempts to locate i.e. MVA search, internet searches, inquiries to her family member, friends, last employer, etc.. If it comes to that, I would recommend...

Double jeopardy is a criminal law concept. Your discharge in chapter 7 will not protect your daughter and the consumer debt stay applicable in Chapter 13 cases does not stay proceedings against your daughter, during the pendency of the bankruptcy. So long as your stepdaughter is liable on the note, which seems the case, it is likely the bank will eventually sue her for any deficeincy after sale.

You should apply for a modification as this will, at a minimum, buy you more time in the property, and may result in a resolution of your arrears and reduction in your interest rate and monthly payment. I would not advise you to leave as you are essentially living "rent-free" until the property is sold, and during this time you can save your housing expense money for future housing, if necessary.

This is really not your issue. Until the foreclosure occurs, the landlord has the right to the rent from the unit as the tenants right to possession has not been (and may not be) affected by an actual or potential sale. It is likely that her loan documents assign her rents to the lender anyway so that there is a potential that the lender would retain a claim for the forgiven rent against the tenants. This is probably not a problem as a practical matter. As to your last question, she may...

To answer the question in the heading, it would be probably better from a credit rehabilitation perspective to establish a number of small modest consumer accounts and utilize those to re-establish credit. The problem with a car purchase is that it's generally a big ticket item and after bankruptcy you can expect rates in the plus 20% range. Cars also require maintenance, insurance, etc. To answer the question in the body of your remarks, you should be cautious and while it is great to...