Posted on 05/09/2014 5:15:15 AM PDT by mabarker1
O.K. I'm reaching out for help from people that I can trust.
I need somebody with knowledge in Bankruptcy/Chapter 13 going to Chapter 7 and Real Estate Laws.
My Girlfriend has the Family house and they are trying to take it.
Her ONLY vehicle is also involved. I can't drive anymore so I have no vehicle. So if they take the truck She can't get to work, Doctors, etc.
The only notice received at this time has been an E-Mail (from Her "Lawyer" who from what I know is basically USELESS) within the last hour. No Process Server, No Certified/Registered mail, No Legal Documents Yet.
Thank You in advance.
I am working on gathering what Documentation GF has. Some is here, some at Her work. I’ve told her to bring everything home tonight.
It depends on state laws. If the individual owes on the home and has failed to pay the note, bankruptcy will not protect the home as the note has precedence on the collections.
Get another lawyer
Trusted answers? From a lawyer? Seriously? lol
Live in NC, House in PA.
House is long paid off. Been trying to sell it since last Nov.
Don’t have $$$ for new Lawyer, thus this thread asking for help.
I’m Praying that FR has a few that can be trusted.
If all you have received is an email, are you sure it’s not a scam? At the very least, I would call her lawyer to make sure it really came from him/her. Don’t reply with any personal or financial information by email.
Who is they?
Not a scam, it is from the “lawyer” she hired at the start of this.
I don’t trust them and am still collecting details on this mess as this was all in the works when We met 3+ years ago.
Trustee
She had filed Chapter 13 and is behind on payments so now it is suddenly becoming a Chapter 7 and they want everything NOW!
You need the advice of a bankruptcy lawyer licensed in your state.
To give you an idea of how states differ, but noting that you SHOULD NOT rely on either of these websites, see:
Bankruptcy Exemptions By State
50 State Homestead Exemptions & Other Bankruptcy Exemptions.
You SHOULD NOT do any of this on your own. If you are not satisfied with your attorney, you should retain a different attorney. You also can't do anything until you have legal pleadings and know what is going on.
Start packing.
Sorry, didn’t see other posts while I was writing. I apologize, but I’m of no help.
THX
What is your main concern? Losing the home, losing the vehicle, or all of it.
There are judicial foreclosures and there are non-judicial foreclosures and depends on the state you live in. What State is the home located?
Seriously, the equity in house should be partially at least exempt from unsecured creditors.the attorney may be trying to impress on your friend the true nature of the danger
All of it.
Been trying to sell house in PA.
Live in NC
Pennsylvania is a Judicial Foreclosure State, which means someone would need to be served papers by (usually) the local sheriff, and be notified of the sale date. You could call the sheriff to see if a date has been set on this home.
You probably have some time yet to sort this out. And filing bankruptcy can shut everything down for a while.
My best advice is to consult with a Bankruptcy Attorney immediately. Most offer one hour of free consultation.
The Chapter 13 stuff is filed in NC.
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