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If a creditor is shown on Schedule F of a Ch 7 bankruptcy does the creditor need to file a proof of claim?
Yes
What happens when a creditor does not file a proof of claim for a secured debt in a bankruptcy case?
A secured creditor does not need to file a such a claim, the lien against the property is sufficient proof. Generally the lien holder/lender will ask for the automatic stay to be lifted so foreclosure or repossession action can continue or be implemented against the property. In a chapter 7 bankruptcy the borrower must be able to reaffirm the secured debt to avoid recovery or litigation action from the lender.
Do you need a clean title in order to do a quit claim deed?
Quit claim simply means that you are giving up all of your existing legal rights to a piece of property. You can even quit claim something that you never had rights to! It does not provide any warranty as to who owns the property, if there are liens on it or other problems with the title.
If you have a neighbor claims 3 feet of your property is theirs and wants it back but a fence has been in place for over fifty years on the wrong property line can he still claim land - Brooklyn?
You need to consult with an attorney who can review your situation and determine your options under your state laws. The details sound as though you would prevail in an adverse possession claim but you may need a court order to perfect that claim and clear the title to your property.
If more than one person owns a piece of property and one of the people owe money can a creditor of this individual put a lien on the property or force the property to be sold?
Where there are joint owners a creditor of one can petition the court for a judgment. If the creditor is successful and the debt isn't paid then they could petition to partition (sell) the debtors interest. You may need to purchase that interest to keep your property ownership close with no third party owning an interest.
Your brother died tragically your son inherits his estate estate has to be run by an executor until son turns 21 2 and a half yrs Over 100000 in credit card debt What do you do?
After the applicable statute of limitations runs (typically four years on a credit card debt), the creditor will have a tough time collecting. If the creditor sues, you have to plead statute of limitations as an affirmative defense, but it is a good defense. ==Additional Answer== In some states there is a specific statutory period during which a creditor can make a claim against an estate. In Massachusetts, for example, once an estate has been filed for probate a creditor has one year to make a claim. After that period the creditor is barred from trying to collect from the estate. Check your state laws. If there is an executor then the estate must have been filed in probate court. If the creditor has already filed a claim against the estate in probate court then the claim will need to be paid before any disbursements are made from the assets of the estate. The creditor will not need to bring suit to collect and the claim filed will preserve its right to collect.
Can a lien be placed against a house in Texas for a car that was purchased in California and then repossessed in Texas?
Yes. The creditor can sue the debtor in Texas and use a judgment award to place a lien against property belonging to the debtor. I'm not a lawyer and would encourage you to call one. But I believe the previous answer is incomplete. If you reside in Texas, and you LIVE in the home in question, a judgment award cannot really be used against that property. If they put a lien on the house, all you need to do is claim "homestead exemption" and tell the creditor to remove the lien. They are required to do that. If they refuse, you can sue them for damages. The creditor can place a lien on OTHER property that you own (i.e. not your primary residence). Or any property that you inherit.
What kind of education do you need in order to become a creditor?
None. You only money to loan to debtors.
How long does a child need to live with you in order to claim them on your taxes?
In order to claim a child on your taxes, they typically need to live with you for more than half of the year.
What kind of deed do I need to add my husband's name to the property?
quit claim deed
Need a money order claim card?
yes
How do you file a quit claim deed from a deceased parent when there is no will and one child involved?
The property cannot be transferred by deed. The estate must be probated in order for title to the real property to pass to the child. You need to contact a probate attorney in your area.
