Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi and thank you for your question. In the future, you can request me to answer any further questions.
There are several popular bankruptcy cases.
1. Chapter 7 debt elimination
2. Chapter 13 debt consolidation
3. Chapter 11 -corporate reorganization
4. Chapter 12 family farmers.
There are a few others, for municipalites etc, but those are rare
Chapter 7 and 13 are the main consumer bankruptcy cases.
chapter 7 liquidates debts, and sells any unexempted (not protected) assets to pay to the creditors.
Chapter 13 is a debt repayment plan, protects assets, and stops foreclosures.
just a moment please
can pay usually 10-100% of the debts over 3-5 years, depending on assets and disposable monthly income.
what one do you suggest?
that all depends on your situation, and what your goals are.
tell me briefly about your situation
do you have access to the previous questions that i asked about? iapat and the other julianna my order # XXXXX /p>
did you recieve my last questions?
let me see if i can see them.
so you are trying to save a home from foreclosure?
No we are trying to get more time to be able to find a house and time to pack. my mom passed 3yrs ago my brother 2yrs ago my dad lost 2 brothers in a week and his father shortly after....there is alot of things that need to be sorted packed ect. they say he has 2 days to be out of the house the only paper at ALL was the one given to my dad yesterday...and that is from the bank the loan is with here in Tilden, NE
so the home has foreclosed and you want more time?
if so, bankruptcy unfortunately would not stop an order for eviction.
it can get rid of the debt owed for back rent/mortgage though
chapter 7 would be best
there is more to it than that they said thaey sold the property to the trustees on 2/28/11 and that we have two day to vacate we had no knowledge of anything until yesterday
you can try to bring a motion to vacate, but if the owner/renter received the original motion, then that could be sufficient, since you were on notice from the start of the proceedings. You can try an emergency motion to vacate due to lack of notice requesting a stay to the eviction. It's a longshot though.
you would need to read the foreclosure order of judgment.
we did not recieve any notification about anything until yesterday
you had no notice of the foreclosure?
state law would control as to timeline for eviction proceedings following foreclosure.
No did not know they were selling the property nothing.
who was the owner of the property?
my dad Tad after mom passed the house was paid in full but the he took a loan out to pay for large medical bills ect.
so your father should have received notice, as well as the foreclosure being mailed to the home.
I believe so
I did some research for you
for Nebraska foreclosure process, it does not require a court hearing.
read this site
it states that they have to give notice. If you did not receive notice, you can file suit to stop the action.
the only thing that was recieved was the letter he was given yesterday stating what i typed to you earlier
so, you should meet with a local foreclosure attorney or real estate attorney to review the lawsuit you can bring
the local attorney can review if this IS the notice requirement, perhaps they are requesting you to be out.
Do you have any other bankruptcy questions?
Otherwise, meet with a local attorney to review your options at this point.
sorry I don't have more info for you.
read the website, it is very detailed regarding the notices etc.
Thank you very much for your time and research.
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).