How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask cfortunato Your Own Question

cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

my bother filed bankrupty and the case books were closed now

Customer Question

my bother filed bankrupty and the case books were closed now the bank are reopening it because they want to take 4 pieces of machinery that my bother has his name on it but my 2 other mentally challenged brothers paid cash to my brother for the items from their ssi checks
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.
HiCustomer
1) Did your brother own this machinery during the period of the bankruptcy case?
2) If yes, was the machinery listed on the bankruptcy petition?
3) What is the value of the machinery?
4) Was the machinery used for your brother's business?
5) Was this machinery secured by the loan from this bank?
6) What is your legal question? (What would you like to know?)
Customer: replied 4 years ago.

1. his name is XXXXX XXXXX titles but my 2 other brothers paid him cash from their ssi checks for them

2. this machinery was not mentioned in the petion

3.i dont know the value right now

4. yes the machinery was used by all 3 brothers

5.this machinery was not secured by the bank

6.can they legally take this they do not have a court order on my brother only on my parents to allow themto come onto the property to take these items thank you

Expert:  cfortunato replied 4 years ago.
If his name is XXXXX XXXXX the titles, they can take the machines with a court order.
Customer: replied 4 years ago.
can we change the titles on the equipment before they get a court order and will they be able to take all of it
Expert:  cfortunato replied 4 years ago.
It is probably too late for a name change to make a difference, as the equipment was in his name when the claim accrued, so it would not matter that the machines are no longer in his name.
They would be able to take all in his name up until the value of the lien.
Customer: replied 4 years ago.
could he not pay back a percent of the value being the bankrupty books were closed
Customer: replied 4 years ago.
my brother filed chapter 7 and the case was finally closed about 2 months ago can they astill go after these pieces
Expert:  cfortunato replied 4 years ago.
Is the bank going to the bankruptcy court or to regular court to get a judgment for a lien?
Was this bank included in the bankruptcy petition?
Customer: replied 4 years ago.
regualr court and it was named in the bankrupt petition they took everything that was listed on the bank loan for collateral
Expert:  cfortunato replied 4 years ago.
Your brother might be able to prevent their taking the machines if he goes to court to explain that the loans were in the bankruptcy.
Customer: replied 4 years ago.
there were no loans on the machinery that they want do you know a good lawyer that you can recommend to us that is close by are zip code is 56069 and if you know any lawyers willing to take on this case pro bono because my bother has just finished up in bankrupty and my mom is 72 but still working and my dad is in the nursing home and they are all on meical assistance thanks we really need help
Expert:  cfortunato replied 4 years ago.
Here is the Minnesota Bar Association pro bono website:
http://www.projusticemn.org/index.cfm.
Customer: replied 4 years ago.
do you think he has a chance do you think we need a lawyer or should we just let them take the stuff but will it end there they said they were done 2 months ago thaks
Expert:  cfortunato replied 4 years ago.
It is hard to find an attorney who will do anything for free.
However, he does not need a lawyer to go to court to try to stop them from taking the machines. He can go to the clerk at the court to find out what he has to do to try to stop the bank.
The problem is that he did not include the machines in the bankrupty petition. Because he did not include the machines, they are not protected, and they can be taken, even though he did file the bankruptcy.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 5 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
what can he do
Expert:  cfortunato replied 4 years ago.
Did he get the court papers?

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.