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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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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: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.
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 6 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 6 years ago.
If his name is XXXXX XXXXX the titles, they can take the machines with a court order.
Customer: replied 6 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 6 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 6 years ago.
could he not pay back a percent of the value being the bankrupty books were closed
Customer: replied 6 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 6 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 6 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 6 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 6 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 6 years ago.
Here is the Minnesota Bar Association pro bono website:
Customer: replied 6 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 6 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 and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
what can he do
Expert:  cfortunato replied 6 years ago.
Did he get the court papers?

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