My wife declare bankruptcy she was cleared ,now the trustees are trying to force a sale of a house that both of us own and give me half so her half goes towards debt can this be done and what can I do to protect my interest in the property
You need to consult with an attorney with more details. Sounds like you are asking about real estate that is not homestead. Homestead real estate is generally protected. Other real estate could be protected if the property is owned jointly in a way that would satisfy the requirements of property owned as tenants by the entirety. If the property is owned as tenants by the entireties, the trustee cannot sell it, except, to the extent that you have joint debts.See question
We filed chapter 7 back in 2008 which has been discharged. We included a rental home. We were served with foreclosure and subsequently they filed a voluntary dismissal back in 2012. Last year after letting it sit empty and having to maintain it fo...
Since you listed the mortgage in the prior bankruptcy case, you have no personal liability including attorneys fees, unless you signed a reaffirmation agreement in the bankruptcy. Sounds like you did not reaffirm. You can agree to the bank obtaining a foreclosure judgment.See question
I need to file bankruptcy...I should have years ago, today a debt collector called me at work, are they allowed to do that?
The debt collector can call you at work but the collector cannot let anyone else know who they are or that they are calling regarding a debt. You should consult a bankruptcy attorney about whether it is advisable to file bankruptcy at this time.See question
The foreclosure bank hired a separate attorney for the bankruptcy, who back in July filed a Motion for Relief from Automatic Stay to Enforce Final Judgment of Foreclosure, which was one month before my case was to be discharged anyway. I filed an...
A case cannot be closed while there is a pending motion with the court. The court has to enter an order or the creditor must withdraw the motion. If you are not represented my counsel you can contact the creditor's attorney directly, or your attorney can contact the attorney. Also, a case can remain open after discharge if the trustee is collecting any asset to pay creditors. If this is a no asset case, then this would not be an issue.See question
I first hired an attorney who advised that a Ch7 would be granted easily. He did not explain income from a rental property was in essence being turned over to the trustee. After almost 2 years of being in the bankruptcy proceeding (I had gotten a ...
Real property that is not your homestead is subject to your creditors. It is not clear to me from your question whether the trustee had been collecting the rent or you were collecting the rent and the trustee wants a turnover of the funds, or if you listed in your bankruptcy the rental property. If you were collecting the rent or did not list the property that would be viewed as a fraud on the court because the asset and right to the rental income belonged to the trustee.See question
Need to file bankruptcy but i have $40,000 from my house i just sold ,im useing the money to down size
If your prior home was Florida homestead, and the money was not mixed up with other money, you can use the proceeds from the sale of your prior homestead and use it to buy a new homestead. You can use Florida exemptions in bankruptcy if you have resided in Florida for two years. You should consult an attorney to review all of your facts to be certain you can use the proceeds and preserve your homestead in the new home.See question
In Florida motor vehicles only carry a $1,000 exemption. However, HSA and IRA are fully exempt. Would I be allowed to sell a vehicle with $20,000 equity in it and move that money into an HSA and IRA account?
That would be a major problem. A fraudulent transfer occurs when you transfer an asset from being non-exempt to exempt. The chapter 7 trustee can set aside a fraudulent transfer that took place within 4 years of filing the bankruptcy. Also, your discharge can be denied due to a fraudulent transfer within the year prior to filing bankruptcy. You should consult an attorney about a possible chapter 13 or other options.See question
The balance on the rooms to go credit card is only about $4000.
There are no guarantees but Rooms to Go typically will not take back the furniture. Note you also have a right to "redeem" personal property by paying a lump sum based on the present value of the furniture. You might want to take the chance that they will never pick up the items. Reaffirming furniture loans usually is not a good idea.See question
I have only owned my home for 2 yrs and barely have any equity.
The bankruptcy trustee can sell your home if you do not claim the homestead exemption. The sale could be to an investor or a short sale for just to raise some money from the bankruptcy. Absolutely claim as exempt if you ant to protect the property,See question
I have $27,000 in credit card debt and $38,000 in federal student loans (I know that student loans cannot be written off, but I'm including them here so you can get a complete understanding of my situation) and no assets really (I own a cheap car)...
Yes, a 25 year old can file bankruptcy. It would permit a "fresh start". The amount of debt certainly could justify the advisability to file bankruptcy though you should consult an attorney to discuss your situation. Also, there are programs as to federal student loans to make the payments more manageable.See question