Legal Question in Bankruptcy in Kentucky

Bankruptcy and Estate - My best friend is separated from her husband, he is unemployed, she just finished 2yr. college but is in $8/hr. temp. job after drawing unemployment due to plant closing. She has 2 young children at home and estranged husband pays very little child support due to unempl. She has home next to elderly father with alzheimers. She is now in default on her home (doublewide manufactured). She and her husband had filed bankruptcy 10 years ago, but reaffirmed on the house. The land her doublewide is on was deeded to her by her father, but now also has lein against it from a loan taken out after the plant closing. Her Father had put her name on his deed a few years after the initial bankruptcy, but she now fears if she attempts bankruptcy again, that they will consider her father's property as an asset of her's, and she does not want to put her father in jeopardy with his home. She also has some credit card debt, and 3 student loan debts. Her ex has abandoned her with everything. The mortgage company is sending her statements of default, but acknowledges the bankruptcy from 10 yrs ago in notices that have been sent. She realizes that she will have to relinquish the home, but doesn't know what to do, because of the situation with her fathers property, and that a new bankruptcy will not cover the student debt. The mortgage would not be satisfied by what the property is worth at this point it is in need of many repairs which she cannot afford. She is desperate. Any advice? Can she actually lose her father's home in the process? She has recently been given legal guardianship due to his illness. And she has one sibling who is unable to help..


Asked on 7/12/10, 2:44 am

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

There is so much here that it really is impossible to give a good answer encompassing all the factors you have listed. It really is best to find a bankruptcy attorney that does free initial consults and sit down with them to discuss the best strategy. There may be sufficient exemptions to cover the property she is worried about.

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Answered on 7/12/10, 7:06 am


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