Legal Question in Bankruptcy in California

Re: Backrupcy

The creditor(s) at issue can only attach your brother's specific interest in the property, and that would be dictated by how you both claimed title to the property at issue.

Re: Backrupcy

Once your brother files for bankruptcy, the automatic stay will protect him from actions of the creditors. Until he files for bankrutpcy, the creditors can sue him and put a lien on his interest in the property.

If he files for Chapter 7 bankruptcy, the court appoints a trustee to sell all of his nonexempt assets for the benefit of creditors. Depending on the amount of equity in the condo, the trustee may or may not want to see your brother's interest. You may be able to buy your brother out then.

Any purchase before the bankrutpcy will draw close scrutiny by the court. If it is not a fair price, the transaction could be set aside. You should consult a local BK attorney for further information.