Legal Question in Civil Litigation in Indiana

Foreclosure and judgement due to disability

Please Help

I became disabled shortly before I had to sell my franchisee business due to my failing health and the termin--name removed-- illness of my Wife who subsequently died. While I was caring for my wife in home hospice I was sued. I was able to reverse the summary judgement twice in one case but I am still in court as Pro Se, they have received anothe summary judgement and now it looks very likely that i will have to pay. Are there any

protections for a person in my disabled status that would allow for only a % to be taken from my monthly stipend? Are any of my property or investments (401 K) and the like at risk during a citation proceeding?? My home was also foreclosed

by the Bank and SBA which had a second on my residence. I have submitted an 'offer in compromise' but it was rejected by the bank.

Please help !!!


Asked on 2/18/99, 11:40 pm

1 Answer from Attorneys
Marvin Coffey Marvin E. Coffey Attorney at Law

Re: Foreclosure and judgement due to disability

I strongly suggest you contact a Bankruptcy attorney as soon as possible.... you don't give enough facts, however it sounds like you might be able to save your home in a chapter 13 bankruptcy. If you did not put more money into your 401K than IRS allows per calendar year your 401k is exempt and so long as you request the exemption it cannot be executed on. Call a lawyer now.

Marvin Coffey

Marvin E. Coffey Attorney at Law

8202 Clearvista Parkway Suite 6-D


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Answered on 2/24/99, 3:14 pm


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