The bankrupt's property interests can become part of the bankruptcy estate and ultimately disposed of by the court. On motion, indivisible interests might be excluded by the Bankruptcy Court and alternatively may be subject to satisfaction of value to creditors out of financial assets to protect the interests of the other owners. Sometimes some assets are simply absolutely excluded from the bankruptcy estate by statute in Title 11, or a rule promulgated thereunder, or in a common-law precedent.
Nothing. In a chapter 13, there is a co-debtor automatic stay, but other than that, nothing.
Then only the debtor's interest in the property is considered part of the BK estate. For example, if 2 people own the property, then 50% of the property is included in the BK. If there is enough equity, the Trustee may order the sale of the property in order to pay back creditors.
This would be a most uncommon situation...you own the proerty but other people have it mortgaged? Your bankruptcy effects everything you own, not just what you may owe on. Your ownership of this property is included.
Perhaps. If the filing party is on a deed for real property or joint bank account with the others that property might be "frozen" until the amount each party is entitled to is proven. It will depend on what the property is and how it is titled. If this is the issue it would be advisable to consult a bankruptcy attorney.
People now know the different generations. That can help them understand traits and the changes. People are easily catching on with the inherited traits and what happens, and now they can predict the different traits their children will inherit from them.
Chapter 7 bankruptcy is for an individual, company or corporation and will stop collection attempts in exchange for giving up assets. This type of bankruptcy is for people who can not afford to pay their debts. Sometimes people who file chapter 7 are allowed to keep some or all of their property but what they are allowed to retain will vary from state to state.
The Federal Housing Administration can assist people with bed credit get a home loan. They have programs available for people who have declared bankruptcy or have a foreclosed property.
No. Survivorship is not an inheritance. When two people own property by survivorship and one dies, their interest is extinguished and the survivor becomes the sole owner.
Yes, you will need to involve lawyers and courts if you can't come to some agreement to sever your tenancy in common.
The book Bankruptcy for Dummies answers most of the important questions people have about bankruptcy.
A duly appointed trustee in bankruptcy can obtain permission from the court to sell the property free from encumbrances. That is the only way the property can be transferred free from the creditors liens.
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