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 Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27685
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Type Your Legal Question Here...
Dave Kennett is online now
A new question is answered every 9 seconds

I SPENT 199,00 GETTING MY BROTHER OUT OF JAIL AND PAYING THE

Resolved Question:

I SPENT 199,00 GETTING MY BROTHER OUT OF JAIL AND PAYING THE MORTGAGE ON HIS OFFICE BUILDING PMTS. THE BANK SAID WE HAD TO PAY THEM OFF OR THEY WOULD FORECLOSE SO WE SOLD. AT THE CLOSING THE LAWYER SAID WHO DO I MAKE THE CHECK PAYABLE TO AND I SAID ME AS I WAS THE ONE OUT OF MONEY. MY BROTHER FILED FOR BANKRUPSY BEFORE THE 12 MONTHS TIME LIMIT. THE BANKRUPTSY COURT SAID THE MONEY I GOT AT THE CLOSING WAS A PREFERENTIAL TRANSFER SINCE I WAS HIS SISTER. I AM THE ONLY ONE WITH PROPERTY NOW CAN THE BANKRUPSY COURT GO AFTER MY HOME. I AM 70 ON SOCAIL SECURITY AS MY ONLY MEANS OF SUPPORT GO AFTER MY HOME AND PROPTERTY? THEY HAVE FILED A JUDGEMENT WITHOUT WAIVER OF EXEMPTION AGAINST ME. CAN THEY TAKE MY HOME.WHAT CAN I DO???????????????
Submitted: 10 months ago.
Category: Legal
Expert:  Dave Kennett replied 10 months ago.
Dear JACUSTOMER - The creditors, through the bankruptcy trustee, can recover any preferential payments made to friends or relatives within one year of the filing of the bankruptcy so whatever money was paid to you as repayment of what you had lent to your brother would be recoverable. Whether they can take your house depends on the amount owed and whether your house is also mortgaged to another bank. If you still have the money from the closing you can simply return the funds to the bankruptcy trustee and that would solve the problem. You can then file a claim as a creditor in the bankruptcy and if there is money in the bankruptcy you may be able to receive at least a partial payment for what your brother owes you for the mortgage payments you made. The money from the sale of the real estate should have gone to your brother and then he could have paid you what he owed but even that would have been subject to the preferential payment statutes. I'm not certain from your facts how much money is involved in all of this but whatever was paid to you from your brother within the past year would be subject to recovery. Generally you can make arrangements to pay the amount in installments and not suffer the loss of your home but I have no way of completely analyzing your overall financial situation to be able to provide you with an exact answer as to what will happen in the case.
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27685
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 12 other Legal Specialists are ready to help you

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:

 
 
 
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
< Last | Next >
  • 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
  • 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
  • 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
  • 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
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19419
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8122
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    83
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    30758
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15340
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.