What is the statute of limitations on a Probate claim?

Determine current status of case. If currently open, has court approved a plan of distribution? Have distributions taken place? If case close,...

Can I file for bankruptcy without including my husband? Also I have two cars and a trailer at the beach will I lose all these

Yes. A spouse can file an individual or joint BK. However, you must list spouse income on means test and schedule I. The vehicles and trailer...

Can you be in Chapter 7 bankruptcy, that hasn't been dismissed and sell real estate for a large profit?

If property not abandoned by trustee, you cannot sell it. It is property of the BK estate. Trustee has power to sell. Assuming property is...

I agree with colleagues. Answer is pretty simple. You states you have a "points based" timeshare. You do not own an interest in the underlying...

Am in default by filling chapter 7 bankruptcy ?

Agree with my colleagues. Criminal restitution not dischargeable in C& BK. Generally, simply filing a C& BK does not create a default. Have your...

Can my car be "repo"ed even though the full loan balance was charged off by lender when my Chapter 7 was discharged?

I agree with colleagues. My comments based on California and federal law. You may have been relieved of personal liability when you received your...

If a plaintiff states a lawsuit was for debt collection after a Chapter 7 discharge, can they be sued?

i agree with colleagues. Answer depends on several factors. Was debt secured or unsecured? Was debt discharged? An unsecured debt, properly...

I have an outstanding bill at a mini storage company can I list this in a ch 7 bankruptcy to avoid auctioning my property.

I agree with colleagues. You must list all debts on your bankruptcy petition and schedules. The automatic stay will prevent creditor from...

Social Security Disability Income And Chapter 7 Bankruptcy Count in the "Means Test" for chapter 7 ?

I agree with colleagues. SSD is not listed on the means test. You must list SSD income on Schedule I and SFA.

If you re-open your Chapter 13 bankruptcy case, will the automatic stay be reimposed?

Depends. Generally, re-opening will allow you to re-impose the automatic stay. I will need more information on how the case was closed and the...