Legal Question in Bankruptcy in New York

Can life use home be taken

My inlaws have life use of the house, but we own it, can they take it if we file chapter 7


Asked on 6/30/08, 7:08 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Can life use home be taken

The roaringly inadequate response to your question is IT DEPENDS on your individual situation.

Contact an attorney who is geographically close to you to handle your bankruptcy matter for you. The 2005 Bankruptcy Abuse Prevention Act took a relatively straightforward matter that could actually be handled by the debtor and turned it into a mass of pitfalls that can get even the innocent debtor's petition thrown out with no recourse in terms of refiling the matter. If you are defined as "low income" under their guidelines, you may qualify for free or low-cost legal help of excellent quality from the Legal Aid Society in your county; call them to see if you do (they're in the Yellow Pages).

Good luck.

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.

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Answered on 6/30/08, 7:19 pm


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