South Dakota Bankruptcy Legal Questions

It depends. A debtor can do one chapter 7 bankruptcy every eight years. However you can do a Chapter 7 bankruptcy followed four years later by a chapter 13. Further, you could file a Chapter 13 bankruptcy followed two years later by another chapter 13 bankruptcy. Also, you can file a Chapter 13 bankruptcy filed four years later by a Chapter 7 bankruptcy. I hope this did not confuse you, good luck.... Read More

You are asking whether or not you can protect certain assets in a bankruptcy case.  The answer depends on which chapter of bankruptcy you file and what exemptions are available to you under applicable law. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.  The way to determine which chapter you should file and which exemptions apply is to have a consultation with an experienced bankruptcy attorney in your area. 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 More

Filing bankruptcy only eliminates the obligations of the party filing bankruptcy.  It does not alter the obligations of anyone else.  So, if your brother-in-law was obligated on the debt before you file bankruptcy, then he will be liable on it afterwards. In a Chapter 13 case only, creditors would be prohibited from trying to collect from your brother-in-law due to what is known as the "co-debtor stay" during the time you're in the Chapter 13 case, but would be free to collect from him pursuant to the laws of whatever state controls after your Chapter 13 case is completed (if you did not pay 100% through the Chapter 13). 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 More

More information is required to answer this question on chapter 7 Bankruptcy or chapter 13 bankruptcy. What type of bankruptcy are you filing; chapter 7 bankruptcy or chapter 13 bankruptcy? Is chapter 7 bankruptcy if you get your mortgage payments up to date you may keep the property. As for the liens chapter 7 bankruptcy does not discharge these liens. Chapter 7 bankruptcy can only discharged debts, a lien attaches the debt to collateral such as property and will remain attached to the property even after you file chapter 7 bankruptcy. In chapter 13 bankruptcy, once you have completed making all payments on your repayment plan, the liens should be able to be removed from your property. It is important to remember in either chapter 7 bankruptcy or chapter 8 bankruptcy, neither will remove debts attached to a piece of property to an instrument such as a mortgage or lien, I'm a lot us that get has been repaid. I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read More

This question is far too complex to answer in this type of forum.  You need to have a consultation with a bankruptcy attorney in your area who can get all the necessary information and analyze all the relevant factors.  Depending on how things are with your wife, you may need to be represented by separate attorneys, so you may each want to get consultations separately.  Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read More

Yes.  As long as you did not reaffirm the debt owed to your mobile home's secured creditor, or refinance after your bankruptcy case was filed, then you have no further obligation on that debt and they are limited to recovery from their collateral (i.e., your mobile home).   Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read More