I am not certain what is meant by "anyone" obviously creditors, banks and so forth will be informed a bankruptcy has been filed. When one files for bankruptcy it is done so under oath. Anyone who intentionally files false information or tries to conceal assets is guilty of committing a federal felony; the penalty is a five-year prison sentence for each count. Even if one does not commit intentional fraud, the trustee has the power to dismiss a case for almost any reason, especially with the new BK reform having become law. we had to explain a few things such as deposits on our checking acct and i didnt want the trustee or anyone else calling my client to verify info because of embarassment
To file for bankruptcy you will have to firstly, admit that you are having financial issues. Secondly, you contact a licensed trustee to evaluate your situation. You will have two appointments with the trustee: the first to fill out an application form to file for bankruptcy, the other to sign papers that you agree to the terms of filing for bankruptcy.
If the owner has filed bankruptcy the property cannot be sold. It is in the legal possession of the trustee in bankruptcy who cannot sell any property without the permission of the court. You can contact the court for the name and contact information of the trustee and direct any questions you may have to the trustee.
It depends. Depending on the interest of the Trustee in Bankruptcy, and whether or not they have abandoned the property, will determine whether or not the debtor in Bankruptcy will be permitted to take the property if the creditor has abandoned the property. Bottom line is that it depends on the facts, contact your Bankruptcy attorney or a reputable Bankruptcy attorney to get more information.
You have to wait until it has been discharged or dismissed. At that time the trustee's jurisdiction (control) over the house reverts back to the owner. However, if you need to do so while the bankruptcy is pending, you can petition the trustee to release the house, state the reason why it would be best to let the house be sold, and the trustee will make the decision whether it can be sold or not.
YES. Most likely what happened is the bankruptcy trustee auctioned the residence to somebody who is holding it till they can get a better resale price on the market. Find the owner of record and contact them or their agent for real estate. If the bankruptcy trustee has not auctioned the residence yet, then the bankruptcy procedure might not be complete and they probably are waiting till some time in the near future when the residence can be auctioned for more than the bankruptcy exemption value (which the bankruptcy trustee should provide to you upon sale of that asset). A bankruptcy trustee should not have reservations about reselling an asset back to the bankrupt person, but it would be a cash sale for some amount (determined by the trustee) in excess of the exemption figure (set by state regulation). If your bankruptcy procedure has been completed officially, and the residence has not been auctioned by the court yet, then there may be some legal problem with the handling of your bankruptcy and you might inquire with the court about the disposition of the residence in that bankruptcy case (if the bankruptcy trustee was wrong to take the residence for auction, then that decision might be changed).
Filing for bankruptcy can vary depending on country, state/province, and city. Assuming you live in Canada, you will need to schedule an appointment with bankruptcy trustee. Many bank and financial institutions have a preferred bankruptcy trustee within each city they have branches. Once the trustee agrees that you qualify for bankruptcy, then they will being the paperwork. You will be required to pay the trustee for their administrative duties, which will likely take 3-6 months. The end result is bankruptcy will be declared, your debts will be forgiven, your credit history will be significantly diminished and will stay on your history for at least 7 years.
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