QUESTION

Can I file bankruptcy in my name if the house is not in my name so that I can save it?

Asked on Sep 18th, 2015 on Bankruptcy - New Jersey
More details to this question:
I have been appointed administrator of my grandmother's estate over a year ago. I am also an inheritor of her house. The house has been in foreclosure for almost 2 years, now it is up for auction on the 22nd of this month. I am trying to save the house by filing bankruptcy. We are currently living in it. I had the house up for sale for almost a year, put $3,000 into minor repairs and upgrading kept it pristine and left this house 3 to 5 times a day 4 showings. I am literally going to be homeless with my daughter on this Tuesday and don't know where to turn. I have already been scammed by a man that works for the Compliance Office the United States federal Compliance Office. He wanted $575 to free the auction. He was a phony. I am in dire need of help and I can't find it anywhere. Would you please help me? Thank you so much
Report Abuse

3 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
Update Your Profile
A bankruptcy in your name won't save the house from foreclosure. That would have required paying the mortgage over the past few years. You've lived there for free for over a year, did you really think that you are entitled to a free house forever? Hopefully, you've saved up a bit while you were on gravy train (as if!). Better get used to the idea of a monthly rent payment.
Answered on Sep 29th, 2015 at 4:37 AM

Report Abuse
I very much sympathise with your situation. Judging from the facts you state, however, the question is stale since apparently the sheriff's sale took place. But your grandmother's rights in the house, under the law of Wisconsin, only end when the judge enters an order confirming the sale. That hearing is usually about ten days to four weeks after the sheriff sale. A personal bankruptcy will not likely help you, since the debt is not yours. A decedent's estate is generally limited to dealing with debts in probate. If you could solicit a serious offer on the property before the confirmation of sale, you could come in and ask for more time to sell the property before the sale is closed. Consult the estate's lawyer. If there is none, consult a skilled real estate lawyer WITHOUT DELAY. There are sometimes other grounds for opposing confirmation of sale. Good Luck.
Answered on Sep 28th, 2015 at 10:36 AM

Report Abuse
Bankruptcy Law Attorney serving Livingston, NJ
2 Awards
If you inherited the house, it is yours and therefore the house would be part of the bankruptcy estate, which would stop the foreclosure sale. The problem is that the Chapter 7 Trustee may try to sell it, but it would give you some time.
Answered on Sep 25th, 2015 at 8:44 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters