Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

My brother is in the title of the house and he wants to file…

My brother is in...

My brother is in the title of the house and he wants to file bankruptcy chapter 7. The problem is that in February 2017 I file Bankrutcy chapter 13 but my case was dissmised in September 2017 and now my house is in foreclosure, would this affect his Bankruptcy?

Lawyer's Assistant: What state are you in? And has anything been officially filed?

California

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

Well we have a sale date for January 5, 2018

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want to know if he shoud wait after the sale date or do it before?

Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
12/27/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,360
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Legal Question

Could you tell me if the home was included in your ch. 13 bankruptcy plan?

Ask Your Own Legal Question
Customer reply replied 1 month ago
I understand this is not an attorney-client. My brother is in the title of the house and he wants to file bankruptcy chapter 7. The problem is that in February 2017 I file Bankrutcy chapter 13 but my case was dissmised in September 2017 because I missed one payment with the Mortgage and they request a relief of Stay and the court granted, by the time I send it to my attorney the proves 14 days has passed and the attorney never told me that it was only 14 days to proved that all payments where made on time, the trustee payments were always on time because they automatic deducted from my account, now my house is in foreclosure, now I have a Date Of Sale for January 5, 2018. but the reason I'm sending this email is if my brother file for chapter 7 would this affect his Bankruptcy?
Customer reply replied 1 month ago
it was.
Customer reply replied 1 month ago
my brother was not included in my chapter 13

I see what you mean. Ok, so generally, this will probably will not affect his bankruptcy. Chapter 7 bankruptcy is personal bankruptcy, meaning that if his name is ***** ***** mortgage, then if he files for bankruptcy, then he could receive protection just like you did at the time. The trustee will have the final decision, but if he is on the mortgage he'll be fine. IF he is not on the mortgage, then it may affect him only if there is equity in the home (only because they may try to use the equity int he home). Did you have other questions for me regarding this?

Ask Your Own Legal Question
Customer reply replied 1 month ago
my last one. His on the deed but not the mortgage and yes the house has a lot of equity.

I see. It is possible they may use the equity from the home. You may need to wait until the foreclosure goes through so he won't have the house as an asset. IF he gets money from the sale of the house, it is probable that the trustee may ask for some of that money. Regardless, it won't really impact him if the home is foreclosed on and it may actually help. Did you have any other question for me?

Ask Your Own Legal Question
Customer reply replied 1 month ago
No, thank you. Are you in California? would you take his case?

I am in California and I wish I could, but bankruptcy isn't my specialty. Not to worry though, usually you can throw out a wet towel and hit ten bankruptcy lawyers in your area. The usual costs is around $1200-$1500 throughout California all inclusive for a ch. 7 bankruptcy:-). If you don't have any more questions, would you be so kind as to rate me five stars today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,360
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
definitely. Thank you very much...

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. For your benefit, you can also click here in the future to request me individually.

  3. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

  4. Don’t forget to tell your friends about justanswer.com!

Ask Your Own Legal Question
Customer reply replied 1 month ago
ok. thank you and I'll let my brother know since he will start the process he probably is going to have a lot of questions. Thank you again.

you bet. Come back soon!

Ask Your Own Legal Question
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,360
8,360 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

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.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
In a foreclosure in North Carolina, if there is an existing
In a foreclosure in North Carolina, if there is an existing lien, how is it considered: must it be settled first?… read more
Ray
Ray
Lawyer
Doctoral Degree
31,342 satisfied customers
A procedural question - federal court and the filing of
A procedural question - federal court and the filing of amended complaints. When a judge has not yet ruled on your leave to file a SAC, and you might wish to replace the proposed SAC with a Second Ame… read more
Damien Bosco
Damien Bosco
3,644 satisfied customers
If a case is removed from state court to federal court, then
If a case is removed from state court to federal court, then remanded back to state court, by the judge, and there is a federal question involved, can the defendant seek a dismissal on grounds of the … read more
Legal Eagle
Legal Eagle
Lawyer
8,360 satisfied customers
If I moved my UD case from State to Federal Court, and
If I moved my UD case from State to Federal Court, and Federal remands back to State, do I need to continue doing anything with Fed. Court, or am I finished with them, unless I choose to pursue the UD… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,913 satisfied customers
When does discovery END in Federal Court? I.e. when does the
When does discovery END in Federal Court? I.e. when does the time for a defendant to request production of discovery end? There has never been FRCP 26 conference held. Nor has there been any other con… read more
Legal Eagle
Legal Eagle
Lawyer
8,360 satisfied customers
Federal court. If judge issued an Order for a case status
Second opinion] Federal court. If judge issued an Order for a case status report "no later than 7 days" from 12/27/2017, what is the latest possible date and hour to respond? And what happens if that … read more
Amadeo Rivera
Amadeo Rivera
JD
84 satisfied customers
I want to file a Complaint in Federal court against the
I want to file a Complaint in Federal court against the Federal Energy Regulatory Commission under the Administrative Procedures Act. The case meets all 4 prongs of the test to determine if the facts … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I have sued a family Court judge in Federal Court under US…
I have sued a family Court judge in Federal Court under US…However, a duly elected or appointed judge who makes decisions within the scope of his judicial authority and upon the presence of subject ma… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
When a federal court concludes that it lacks subject-matter
When a federal court concludes that it lacks subject-matter jurisdiction, and then states "the court must dismiss the complaint in its entirety." Do they mean, remand it to state court if it has been … read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers
How do I file a legal claim in Federal Court? I live in
I live in Idaho, but the claim is of national interest. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
In a federal court contract dispute can a pro se plaintiff
In a federal court contract dispute can a pro se plaintiff who prevails apply for reimbursement of his out of pocket attorneys fees in those cases where an attorney assisted him?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a docket sheet of a federal court case, I need help
I have a docket sheet of a federal court case, I need help to determine result of the case.… read more
Michael Bradley
Michael Bradley
JD
1,195 satisfied customers
When a defendant files a complaint in federal court how many
when a defendant files a complaint in federal court how many days does the defendant have to respond to complaint. I read on line 21 days plus 60 days for date of filing . let me give u a example if I… read more
LegalGems
LegalGems
Juris Doctorate
11,009 satisfied customers
How can I move Federal court case to state court and what is
How can I move Federal court case to state court and what is the process to cancel settle and or close case to remove from records … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
When requesting documents from the federal court, they ask
When requesting documents from the federal court, they ask whether you want the documents certified or not. What's the legal difference from receiving documents from the court that have been certified… read more
Legal Eagle
Legal Eagle
Lawyer
8,360 satisfied customers
In federal court can prior settlement communications be
In federal court can prior settlement communications be discussed in a motion to compel arbitration?… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,455 satisfied customers
Can a ruling in a federal court on a civil matter be quoted
Can a ruling in a federal court on a civil matter be quoted as a precedent in a Florida State civil case of the exact same type? … read more
Legal Eagle
Legal Eagle
Lawyer
8,360 satisfied customers
Quiet Title for back property tax foreclosure. If made a
Quiet Title for back property tax foreclosure. If made a error of the defendants name on the notice of intent but the name is ***** ***** the complaint. Can the judge dismiss the case because of the e… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x