Owensboro Legal Blog

Perhaps you have made the decision to file for bankruptcy. You know your creditors will be informed, but what happens next?

Within a few weeks of filing your bankruptcy petition, you will attend the 341 meeting.

Let us say that your Uncle Joe has died and, in his will, named you as his personal representative. You are wondering which of your uncle’s assets have to go through probate and which do not.

Probate basics

Intestacy is what happens when a person dies without expressing their wishes for what will happen with their estate in a form that is legally enforceable. When this happens, state intestate laws control how the deceased person's assets will be distributed.

How these laws would distribute your estate might differ greatly from what you would want. Also, your estate going into intestacy could raise some complicated and contentious issues for your family. So, there are a range of reasons you may want to avoid intestacy through having a legally enforceable estate plan.

After months or years of attempting to secure payments, it is discouraging to hear that a debtor has filed for bankruptcy. Once the debtor has filed for bankruptcy the creditor can no longer contact them to secure money owed. It may even mean they will never secure those payments altogether. However, finance companies, mortgage companies and other secured creditors have another option: reaffirmation agreements.

A reaffirmation agreement keeps the debtor liable for their debt after the bankruptcy period is complete. Once the discharge is issued, the creditor can file a lawsuit against the debtor. Reaffirmation agreements only work for Chapter 7 bankruptcy. However, it is important that a creditor hires an attorney to complete a reaffirmation agreement.