Can bankruptcy void writ of execution?

Asked almost 2 years ago - Scranton, PA

I had no notice i was being sued from anyone .writ of execution from bank,frosen account,had no money in it.but fined by bank. all i have is a95 accord my late father gave me .i live w my boyfriend who owns his house inherited from his father. if i marry him could they take his house? my name isnt on it. I need my car boyfriend has dui suspension and no car we just saved his home from foreclosure .i drive him to and from work. cab they take anything my 17 year old son owns as he was given from my father. if i inherit when mom dies cna they take that? wasn't i supposed to be informed legally of suit against me and given chance to answer this. if this si a credit card its unsecured debt,..and from 12 years agai,.thats wehn i last paid on it due to divorce shild custody battle

Additional information

Bank account in both my name and my boyfriends name.If my car is put in my name and my moms is it safe? also have noted a credit card company that rolled 2 credit cards through them into a new one and list it as different ,..i never had this card and this in my mind is fraud on their part the other two show as charged off but this one i dont know is the total of those two amounts .can i ever own anything or am i doomed to 0overty forever.name of creditor is unifund ccr parntners. have read bad things about them now bank added 190 fee and said i have to pay that and over drafts i am indignant now. having a nervous beakdown. cant tale more

Attorney answers (2)

  1. Robert Edward Tardif Jr.

    Contributor Level 13

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    Answered . A lot of questions there. The basics. If you get married your husband isn't responsible for the debt. Assets in your name may be liable to pay your debts. So, you don't want to put your name on assets unless you have some type of exemption for that asset or the value of it. Same holds true generally for inherited assets. If a creditor sues on an old debt and it legally served you and you did not respond, the creditor could obtain a judgment on an otherwise unenforceable debt. Statute of limitations is an affirmative defense that needs to be raised.

    By responding to your question I do not intend to create, nor does it create an ongoing duty to respond to... more
  2. Jacques H. Geisenberger Jr.

    Contributor Level 14

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    Lawyer agrees

    1

    Answered . You have too many questions woven into the primary question of whether an execution is voided by bankruptcy? If you were to file bankruptcy, that would discharge the debt. However, based upon the other information you presented, filing bankruptcy to discharge only that debt seems to be "overkill", and not necessary. Putting your name on accounts with your mother will only lead to trouble as one-half of the account will be presumed to be yours and subject to the claims of your creditors. The same applies to account(s) with your boyfriend so long as you are not married to him. If you do marry, out of an abundance of caution, suggest you close the present account and reopen one in joint names as tenants by the entireties. My suggestion is you consult with a consumer attorney to answer your question and protect your rights.

    If you think this answer was helpful, please mark it by clicking the "Mark as Helpful" button at the bottom of this answer. If you wish please tell AVVO about me. Thank you in advance.

    Mr. Geisenberger is a Pennsylvania-licensed attorney only. The information is not, nor is it intended to be, legal... more

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