Washington Bankruptcy Legal Questions

Your question is kind of vague. If the person who may or may not leave you property in their Will dies within 180 days of you filing a Chapter 7 bankruptcy, you could lose it unless it is protected by an exemption. If the person does not die within 180 days of filing bankruptcy, you can keep any property that may be left to you in the Will. If the person who has left you something in their Will has already died, unless the property left to you is protected by an exemption under state law, the bankruptcy trustee will take the property and use it to pay your debts.... Read Answer

If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. No; a roofer is not supposed to take a roof off because a person did not pay. They risk destroying the house and a significant lawsuit if they do that. Further, if they are properly licensed by the state, and if the allegation is supported factually, they may risk losing professional licenses for that type of egregious conduct. However, the police may not wish to get involved and suggest that the homeowner pursue civil litigation against the builder. I recommend you talk to an attorney who handles civil cases and real-estate litigation. Unfortunately, disputes between homeowners and aggrieved contractors have led to some crazy and very dangerous situations over the years. However, depending on the allegations, cops are often reluctant to get involved because homeowners often have better remedies through the civil and administrative courts.... Read Answer

You have no personal liability on that debt but the bank does have a valid lien on it. Since the car is in your name, you might be assessed storage charges wherever it is now. There is nothing you can do to force the bank to remove the lien, so I'd recommend that you give the car to the bank and let them deal with it.... Read Answer

No matter what you hear from the lender, a voluntary surrender is the same as a repo. And because you signed a reaffirmation, the lender can sue you for the balance owed under the lease unless you have something from them in writing that they won?t sue you. All of this is very bad for your credit.... Read Answer

Unless you signed some loan documents, the simple fact of being on someone's bank account does not make you liable to pay any of their debts. Your mother's debts are hers alone and simply because your name is on an account that she's been paying her bills with, doesn't mean that you're liable to pay her bills also. Simply tell the creditor to shut send you proof that you signed for the loan there trying to collect on, which they will not be able to do unless you actually did. The only way they can collect from you after she filed bankruptcy is if you cosigned a loan. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://massachusettslawyeronline.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read Answer

Quit claim deeds change ownership. They do not absolve a person from the duty to a creditor. Your husband's lack of knowledge is not an excuse before the court and he can not receive redress as a result of his ignorance of the meaning of what he signed. You do not say what evidence of fraud you have. The ex probably did not need his signature to modify the loan. It's time he got a lawyer to look at what's actually going on and to see if he has any redress. The court can not revise the decree 10 years later, nor would there be any basis to revise the decree. He may be able to get redress if he can show new injury, that was not foreseeable, as a result of her actions. A lawyer would need to see the actual documents to know what is possible. He may well be stuck with the situation until the mortgage is paid off. A lawyer may be able to work something out with the ex, but it is unlikely that he can do this himself.... Read Answer

I am assuming you mean that the bank is going to start foreclosure process on your house, not eviction. Yes if you file either chapter 7 or chapter 13 bankruptcy, the automatic stay of the bankruptcy will stop all foreclosure proceedings from moving forward. The only way the bank to move forward, is if they file a motion for relief from stay and if granted they can proceed with her foreclosure. I chapter 7 will stop the foreclosure, but since your behind in payments it will not give you the means to catch up and you will eventually lose the house anyway. What you will need to file in this situation is what's called a chapter 13 bankruptcy, you can establish a repayment plan for the month your behind in the mortgage and the bank will have to resume accepting your normal monthly payments. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read Answer

Retirement benefits established 2 years prior to bankruptcy are exempt. Although there is no Nebraska case law on whether rolled over QDRO funds are exempt, I believe they are exempt under the Nebraska exemptions. Discuss this with a qualified bankruptcy attorney, before filing a bankruptcy petition.... Read Answer

I think what you are trying to ask is whether the debts in question are dischargeable in a bankruptcy case.  You're certainly "allowed" to file bankruptcy as long as you are eligible under whichever Chapter you file. Credit card debts are typically dischargeable in bankruptcy unless they were incurred through fraud. Anything you owe your ex-spouse, including any debts you ASSUME from the marriage, is likely to be considered a domestic support obligation and not dischargeable.  The exception to this would be if the court order designated a particular debt as being part of the property settlement (equalization), in which case you might be able to discharge the debt in a Chapter 13 case. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.      ... Read Answer