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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
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Experience:  JD, MBA
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Family filed father. Trial proceeded a year. After final

Customer Question

Family filed for guardianship for elderly father. Trial proceeded for over a year. After final hearing and awaiting judge's decision, elderly father filed for chapter 13 bankruptcy. Guardinship petition included possessory possession of real property listed in elderly father's bankruptcy schedules. Is the automatic stay applicable to probate court filing for guardianship filed before bankruptcy---which included possessory of elderly father's property listed on schedules.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

The automatic stay certainly trumps the probate court to the extent that the probate court is being utilized by another party to collect a debt. In other words, the automatic stay is an injunction against collection activity.

Although I don't know the details of your case, it doesn't seem like the automatic stay would affect the guardianship determination. That said, the probate court certainly would not be able to transfer your father's property, as that is now part of his bankruptcy estate. But I wouldn't expect that a petition for guardianship would ask for your father's property to be taken.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need any more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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