Legal Question in Bankruptcy in Georgia

I live in Georgia. I own property in Florida that my Grandfather left to me, my mom, and brother. If I file Chapter 7 what are the trustee's right to my interest in the property? My attorney Stated that it's unlikely that they will go after a 1/3 of what I have because they would have to go through the other owners. I'm just trying to get clarification because my brother may do the same and he lives in Illinois and his attorney is stating they will take his interest in the properties.


Asked on 10/25/10, 5:35 pm

3 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You have a lawyer to discuss these issues with.

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Answered on 10/30/10, 5:50 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your lawyer will know the answer. It depends on details you have shared with hinm but omitted here (such as the equity in the property and what else you own). The answer will be different in different states as exemptions vary by state.

Bear in mind that no attorney can guarantee what your trustee will do.

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Answered on 10/30/10, 5:54 pm
Jennifer Jakob-Barnes Jakob-Barnes Law Firm, LLC

If there is equity in the property the Trustee may take an interest but there is really no way to tell until you file your case. Your attorney has all the facts and should be able to properly advise you.

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Answered on 11/01/10, 8:20 am


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