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Go Back   Law Forums at Onlypunjab.com > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

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  #1  
Old 05-18-2007, 03:00 AM
ceco ceco is offline
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Join Date: May 2007
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Default father's bk?

Hello people,
My father who was legally blind at the time purchased a double wide mh many years ago. He found out he was dieing from cancer approx. 2 years ago and filed bankruptcy which was discharged. due to his illness he couldn't care for himself and I had to leave my job to care for him till his death. I had no idea of his bills or what was what but at his death I notified the creditors who called the home or sent letters for payment. The finance company demanded payment for what was owed on the home. They are coming to repossess the home. Do I have any legal recourse to save the only home?
Thank you so much!
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  #2  
Old 05-18-2007, 03:02 AM
Eric Eric is offline
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Join Date: Apr 2006
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Welcome ceco..., thanks for posting the issue, advisor will reply to your message within 24 hours. Wish you a nice stay on Forums
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  #3  
Old 05-18-2007, 05:15 AM
advisor advisor is offline
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Join Date: Apr 2006
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Default Re: father's bk?

You, personally, have no obligations to pay your mother's debts, and that includes the mobile home. Debts of the deceased are paid out of their estate. If there was no estate or the estate was insolvent, then creditors get nothing.

The lender for the mobile home can repossess/foreclose on it for non-payment. If the ownership of the mh passed to you on your mother's death, then you've to pay what's owed. You can stop the process if you file for bankruptcy, but if you can't make up the payments in a Ch 7, you would still lose the mobile home. You might be able to keep it if you file CH 13, but then you must have a steady income to make the plan payments.
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