You are here:
- Home
- Business
- Corporate Law
- Bankruptcy Law
- Types of debt
Bankruptcy Law/Types of debt
Advertisement
Question
Two brothers attempted to take guardianship of our mother. In doing so they hijacked her bank accounts, car and personal property. They have been denied the guardianship and ordered to repay what was taken. In anticipation of court ordered assignment of all legal expenses which are in the area of $17,000, they have both filed Chapter 7 Bankruptcy petitions. They have included me, our mothers conservator, and our mothers attorney on the list of creditors even though no charges have been assessed as yet. The case is on going. They just state "unknown" with regard to the amount owed section. Is it possible to include debt not yet realized in a bankruptcy?
I am sorry that you and your mother are going thru a legal nightmare. I hope it all works out well for you and for her.
It is perfectly permissible to include debts in a bankruptcy case even though the final amount has not yet been determined.
However, it is also possible in some cases to object to a person's bankruptcy. The law does not want people who have engaged in willful, intentional legal wrongdoing to benefit from the protection of the bankruptcy laws to discharge the debts arising from such behavior. Wrongfully taking your mother's money and personal property might be just such a case.
However, the procedures and rule governing such objections are very complex. You should discuss this immediately with your mother's attorney, or with other attorneys, for advice as to whether or not there is a case against the brothers, and whether it is worth while to pursue it. If you are going to look into this, you must act fast as there are very short deadlines for you to meet if an objection is going to be made.
Sometimes it is not worth while to pursue a good case, where the cost of doing so is significant, and the chances of recovery are low. Good luck to you.
- Add to this Answer
- Ask a Question
| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Thanks so much for your quick response. This has been on going for a year and a half. When they took her money they used it to pay their attorney and now mom will also be paying her own. It seems as if she paid for the entire action against herself. It's been heart breaking to say the least. Thanks again for your help. | ||
Related Articles
Answers by Expert:
Los Angeles Bankruptcy Lawyer Leon D. Bayer
Expertise
Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/
Experience
Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.
Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.
Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.
Education/Credentials
B.A., J.D.
Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000
MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.
Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.
©2012 About.com, a part of The New York Times Company. All rights reserved.