The key question is: was the judgment entered before or after bankruptcy? If it was entered after the bankruptcy, no problem, send notice of the bankruptcy to courthouse and the title company and they will see that the judgment was void in violation of the automatic stay.
A much bigger problem arises if the judgment was entered before the bankruptcy. In that case, you or your attorney needed to file a motion to avoid the judgment as an impairment of your exemption. You will need to reopen...
I would definitely report that major purchase even though with cash the chapter 13 trustee. You would hate to find out later that you didn't get a discharge because you committed fraud or didn't pay all your disposable income to the trustee. Better to find out bad news up front.
Ronald J. Drescher
Drescher & Associates, P.A
4 Reservoir Circle
Baltimore, MD 21208
Fax (410) 484-8120
My general practice when my individual clients own closely held businesses is to list all of the corporate debts for notice purposes only. That way, a business client can't come back later and claim that their debt was really a business debt. So yes, I would list that county tax debt, but it would be up to your attorney whether to list it for notice purposes only or as disputed/contingent/unliquidated.
This is a tricky question, because in exercising his rights to evict you the landlord may have terminated the lease under Florida law. Once terminated, a lease cannot be revived, even in chapter 11. Nevertheless, unless the lease has expired, a chapter 11 filing will stay the eviction action and give you and your lawyer some breathing room to examine the lease and the landlord's action. If the lease is not terminated you may be able to assume the lease under chapter 11. However, the chapter 11...
You have a whole series of questions in that one question. Under means test analysis her income will be considered in whether you qualify for Chapter 7 bankruptcy even if she is not going to file. If she is not on the note then she should not have any liability even though you are filing for bankruptcy.
I know that most questioners here at AVVO do get the advice that they need to speak with an attorney about their issues. However, your issues are particularly complex even for this forum. You...
You'll need to first make sure that your judgment is still valid and hasn't lapsed. Then you should serve interrogatories upon the guardian to identify any property that your judgment debtor may have. This may end up being a difficult collection due to the lapse of time and your debtor's difficult circumstances.
The short is answer is yes, under the right circumstances a judgment creditor can take away from you the equity in your home. If you have $300,000 in equity in your home you need to see a lawyer right away to find out your options. If you have already seen a lawyer, I want to warn you against second-guessing your lawyer by posting the question here on AVVO. I understand this is tempting, but none of us here really know your situation, so we can't give you any more than the most superficial...
In general, when I first meet with a client all I ask them to have is a fundamental understanding of their assets and debts and income and expenses. Writing these four lists in advance of the meeting will generally be very helpful for the attorney and illuminating for the client.
As it's been said before, almost every bankruptcy lawyer in the Baltimore area offers a free consultation. Make sure the lawyer you see takes the time to answer all of your questions.
You have a bit of a problem. You may have deprived yourself of the ability to discharge your debts in an honest bankruptcy. I don't see how you can answer many of the questions on your statement of financial affairs or your schedules that impose the penalty of perjury for dishonesty. To do so would likely open you up to federal prosecution for fraudulently operating under a phony social security number. Not a good idea to file a bankruptcy case, which will be supervised by the Office of the U.S....