QUESTION
Should we file for bankruptcy and if so, should it be chapter 7 or 13?
Asked on Nov 02nd, 2012 on Bankruptcy - South Carolina
More details to this question:
I’m not sure how to explain this. We got the title to our trailer. It says my husband is the owner and then we have a lien holder on it and the lien holder it isn't a mortgage company. It is a person like you or I that is the lien holder. We never signed and agreed like a lease or a rent to own. Everything has been verbal agreements for about a year. The problem is that the lady got this trailer because her ex-husband passed away. The trailer park said that her credit wasn't good enough to take over the estate. The lady that got it from her husband passing away, put it in her mother’s name because she had good credit. The lady's mother, who is on the title, keeps saying she is going to take us to court and lock us out of our trailer. She doesn't like the verbal agreements that we have made with her daughter through this past year. If she is going to take us to court and get us locked out, I was wondering if we should file for bankruptcy. We are up to date on all out trailer park payments. It's our payments to the lien holder that were behind on. When we first got the trailer, we put $12,000.00 down and the lady and her mother didn't see any of that money because it was owned to the trailer park for the whole year. The trailer sat in the trailer park. Things have been falling apart and breaking since we moved in and with us having to fix and repair things our self. It has been hard trying to pay two rents. The daughter hasn't really had a problem with us as long as we paid something and that something hasn't been good enough for her mother. Thanks so much for your help and time!
4 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Jun 18th, 2013 at 10:06 PM
You really need to speak to an attorney directly about this issue. A 13 makes sense if you want to try to keep the trailer, a 7 makes sense if you are sick of the hassle. The daughter really needs to step up and rein in her mother (who is the legal owner based on what you told me). Maybe you can negotiate with her for a lower payment in exchange for signing a written agreement. I confess I did not understand the part about two rents.
Answered on Nov 05th, 2012 at 9:04 PM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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A bankruptcy filing may not be the best answer. A resolution should be worked out in state court. Bankruptcy may buy you some time, but eventually the real problem will still need to be addressed.
Answered on Nov 04th, 2012 at 1:50 AM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Verbal agreements are not legal and binding on the sale of goods over $500.00 generally, so you couldn't enforce the agreement. If the mother is the title holder (owner of record), then she is in the driver's seat and has every right to dictate what is happening. Filing bankruptcy won't help or fix THAT situation. depending on the circumstances, you MIGHT have a civil action against the daughter, but you should consult with a local attorney in your area to make that determination.
Answered on Nov 04th, 2012 at 1:44 AM