Brandon Bankruptcy Attorney.
The Chapter 7 discharged your debt (as long as you did not sign a reaffirmation agreement) but it did not discharge the mortgage. That means the mortgage company can sue for foreclosure only. The will not be able to seek a deficiency judgement against you.
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Based on the information in your question, you will be able to file bankruptcy and claim your home as exempt. By claiming the home as exempt, you will be allowed to keep it and continue to live there. The bankruptcy trustee will not be able to liquidate your home in order to pay your creditors. However, as of now there is still a lien on your home due to the mortgage. If the foreclosure action was dismissed with prejudice then you are protected from a future foreclosure action. However, you...
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Your best option at this time is to file a law suit against him or her to collect the money. However, you posted this question under Bankruptcy so I must tell you that if you know that he or she has filed bankruptcy, you should not file the law suit. Good luck.
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The Respondent did not have to file a Motion to Amend and it is very unlikely the Judge would default the Respondent now that a complete Answer has been filed. Judges prefer cases to be decided on the merits and not by default.
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If a law suit is filed against either the husband or wife, they should speak to an attorney as soon as possible. If the husband is sued he will have a defense that the debt was discharged in his bankruptcy case. If the wife is sued, it sounds like she would have a defense as well because she did not have anything to do with the previous business or the debts of the previous business.
I agree that your question is not really a Social Security question. Transfers of property when you are having financial difficulty can be considered fraudulent. So, if the landlord sues you for unpaid rent and damages he may try to levy against the car that you transferred. However, it is a complicated process and I doubt he would want to spend the money to do so. The laws of each state are different regarding these types of issues so I would recommend that you speak to a bankruptcy lawyer...
Whatever you do, do not give them your bank account information. According the Fair Debt Collection Practices Act they are required to send you a letter in the mail within 5 days of the first telephone call. You then have the right to ask for verification and/or validation of the debt. If you request verification within 30 days from the date on the letter, they are not allowed to continue collection efforts until they provide you with the requested verification. If you are not sure that the...