An action under 727(a)4 must be brought within the 60 day period following the 341a meeting (unless an extension is sought before the 60 days are up). Under 727(d) a creditor or the trustee or the US Trustee under limited circumstances can request revocation of a discharge for one year after the case is discharged or closed whichever is later.
The statement will not stand up. One thing you could do is obtain a security interest in something the debtor owns and then hope that he or she waits at least 91 days before filing. If the debtor files before 91 days the trustee can set aside the security interest as a preserence under sec 547 of the bankruptcy code.
It is your burden to prove the value of the house is less than the first mortgage. This is normally done either through and appraiser or a real estate broker. You only have to prove that the first is $1 more than the value to strip the second. You might check with the title company to see if the lien of the HOA is considered ahead of the second in which case the liens ahead of the second would equal $163,000.00 .
You can use the chapter 13 to cure the default in payments on the car. You do not have to be current on the car to keep it when you file the 13. Depending on how long ago you bought the car you may be able to only pay back what the car is worth. Also you may be able to reduce the interest rate on the loan. You should talk to a bankruptcy attorney and discuss the details of your case.
Even if you are reaffirming you would exempt the car's equity over and above the loan amount. Depending on the amount of the equity you could still have to pay something to the the trustee if the equity is greater than your states exemption amount . In Oregon for an individual you can only exempt $3000 of equity.
Not sure who you want to sue? If all documents were signed and they are accepting payments for 2 years it looks like the loan was modified. If they are not reporting on your credit it is because the loan was not reaffirmed.
Both attorneys are most likely correct. The workers comp settlement is exempt and not part of the bankruptcy estate but if you get it before filing it will be considered income that must be included on the form B22 to determine whether you qualify for chapter 7.
If you file chapter 7 your personal liability on the 2nd loan will be removed but it will remain a lien on the property. You could strip the lien in a chapter 13 but only if the value of the property is less the the balance on the 1st. You may want to file a chapter 7 and then negotiate a payoff of the second for a lesser amount after you get your discharge. You should contact an experienced bankruptcy attorney in your area.
You should withdraw $20,000 of the money you put in your son's account and pay off your debts. If you file bankruptcy you will have to disclose the money you deposited to your son's account and the trustee will sue to recover it. The result will be that filing will cost you much more than just paying off the debt since you will have to pay the trustees commission and attorney fees. You should check with an attorney and see how much of the settlement you can exempt if you get it back in your...