New bankruptcy reform became law in October, 2005.
You will need to obtain the consent of the Chapter 7 trustee before selling any property of the bankruptcy estate.
They can collect before it is settled
All the debts of the estate must be resolved before it can be closed. The overall condition of the estate must be such that it is solvent before distributions can be made.
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The Thiurd - that is, the common people.
If the property was in the name of the decedent then it became part of the estate. If the decedent owed a debt to the nursing home for care it provided that was not covered by insurance or any government benefit the nursing home can make a claim against the estate. The estate must pay the debts of the decedent before any property can be distributed to the heirs.
The mortgage debt is the responsibility of the estate. The mortgage will have to be satisfied before the estate can be closed. Before anything in the estate can be distributed, the debts have to be cleared.
The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.
In a chapter 7, no post petition income constitutes property of the bankruptcy estate. So to answer, no. In a chapter 13 or 11, all post petition income constitutes property of the estate.
Debts are the responsibility of the estate. No will is necessary to open an estate. Before anything in the estate can be distributed, the debts have to be cleared.
Chapter 13 trustee is an entity, generally an individual, with the responsibility of managing a chapter 13 bankruptcy estate. The Chapter 13 receives the debtor's monthly payments and then distributes those funds proportionally to the debtor's creditors.
Your house is part of the bankruptcy estate and you will need permission from the court before selling it. You must also review the specific terms of your Chapter 13 plan to see what additional terms and conditions might apply.