Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
My mother in law passed away before I filed bankruptcy. My case has been reopened due to the sale of her property and I inherited some of the sale. My attorney has now this year put in to avoid the bankruptcy; he included the mortgages, exemptions, and value of the property in the motion including the lien amount. So he put in to avoid the lien in its entirety.
Will I be able to put in a complaint concerning the real estate attorney and the opposing attorney who sued me for violation of the bankruptcy law? They are both trying to go after a debt that is discharged
I did have some equity in my home at that time. So therefore are you saying the ones who sued me can get the equity from my house as well as the inheritance? That is what the real estate attorney is trying to do.
Terry you have been so helpful with my case. The opposing side did not accept the settlement we offered them. So therefore we are going to court next month. I have some equity in my house, I received an asset as you know from my mother in law, my attorney put in to avoid the lien and its entirety. The real estate attorney is going to pursue the equity in my home, however I have a mortgage and with the lien I cannot get the money to give to them the money from my home. Unless the lien is lifted or avoided. I have a feeling this is going to happen, but my attorney is fighting saying I do not have any equity. HOW long can they collect my equity in my home; will it be a one time deal or everytime I refinance? They can have the equity, except I want the exemption from my husbands estate since they did not accept the settlement offer. We were going to let them have the full inheritance to get the lien removed. But they didn't accept the settlement. How can I give them the equity when I have a mortgage and do you feel the lien will be avoided in my situation? How long can they collect on the equity ? HELP
1. Can they put a motion in to stop the avoidance of lien? I hate to keep asking so many questions but this is confusing for me.
2. At the hearing if the lien is avoided, and the judge does award them the small amount of equity in my home since the lien will hopefully be avoided by the judge then therefore if I have to pay the equity then I will but I want have to pay them anything else since the lien will be avoided am I right in assuming this?
When a lien is on property there is no way I can get a loan to pay the debt. In your years of experience if you had a case as this how do you feel is best to handle this situation?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).