Land listed on bankruptcy without my knowledge.

Asked over 1 year ago - Gainesville, FL

A relative who had a mortgage to go into my parents' estate, filed for bankruptcy and listed the said land and mortgage(that she had not paid the estate for) on her list for bankruptcy. She is done with her bankruptcy as of a year ago, I find out now. The estate has none of the money, is she off for having to pay the estate or does bankruptcy NOT excuse her? Did she have to tell the PR what was happening??

Attorney answers (3)

  1. Radha Rothrock

    Contributor Level 11

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    Lawyers agree

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    Answered . You can call the bankruptcy trustee to see what she did with the property and the debt. That might be a start to see what happened.

  2. Kevin Christopher Gleason

    Pro

    Contributor Level 15

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    Lawyers agree

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    Answered . To have a debt discharged, the Debtor must give proper notice to the creditor. You need to consult with an experienced attorney who can review the file and look for improprieties. At the very least, the probate estate probably still has the right to foreclose.

    Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney... more
  3. Gary D. Bollinger

    Contributor Level 19

    2

    Lawyers agree

    Answered . Both bankruptcy and probate use the term "estate". Your question may be too complex for Avvo.

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