Legal Question in Bankruptcy in New York

Re: bankruptcy discharge,then reversed?

Can the Trustee try to force a sale of your father's home on which your sisters are also on the deed? Depending on the value of the home, he can certainly try; indeed, the relative timings of your father's death and your Chapter 7 discharge give a big hint that the deed/other inheritance may well be why your case was reopened. Your sisters would be entitled to their full share of the proceeds of any sale; the only money to which your creditors would be entitled would come from your share.

You and each of your sisters NEED a lawyer at this point. This is NOT the time to skimp and think you can do this yourself; if you do that, you will assuredly get royally screwed. You and your sisters NEED legal professionals on your side. Your sisters should get their own lawyer (they could probably share one, with disclosure by the lawyer), as their interest in this is adverse to yours (they are not at all likely to want the Trustee to sell your father's house) and any one lawyer would find him- or herself facing a conflict of clients' interests if s/he tried to represent all of you. You can find bankruptcy lawyers in your geographic area through the NYS Bar Association (www.nysba.org) or though your county's local bar association. If you really and truly cannot afford an attorney AND you meet their low-income guidelines, you should consider using the free/low cost and excellent help of your county's Legal Aid Society. This is NOT charity; these lawyers are paid and the funding for their salaries does not come from any public source such as charitable donation or taxes. You won't know if you meet their guidelines unless you ask them; they're in the Yellow Pages.

Please accept my condolences on your father's death.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.