Legal Question in Bankruptcy in Montana

Chapter 7 bankruptcy

Hello---Because I couldn't afford to hire an attorney, I filed my own bankruptcy with forms downloaded from the Bankruptcy Court of Montana. I filed the petition on June 26, 2007, in Butte, and the discharge was granted on September 21, 2007. What a mistake! I filed then because I had two more creditors coming after me with court orders. In the meantime, my father became mortally ill and died Sept. 7, 2007. He left me as his sole heir, with about $45,000 in life insurance and his house and 3.5 acres. My debt to credit card creditors is about $87,000, and literally half of that is accrued interest, not credit line principal. The property has a homestead exemption of up to $250,000, but to my utter dismay, does NOT apply to me because he did not put my name on the deed. The probate lawyer, who also has bankruptcy experience, cited a precedent from Idaho, where a woman was able to keep the inherited property, even though she wasn't on the deed. The Trustee does not think this case is relevant to mine, but my lawyer is disputing his interpretation. Also, because I was honest and presented all my inheritance to the probate attorney because of the 180-day time limit, she said that may help me.Any advice or precedents?-thx.


Asked on 10/20/07, 10:22 am

1 Answer from Attorneys
Valerie Grubich Sullivan, Tabaracci & Rhoades, P.C.

Re: Chapter 7 bankruptcy

Hello: Because you are currently represented by another attorney, our rules of ethics prohibit me from giving you any legal advice or contacting you without your attorney's knowledge. Due to the circumstances, all I can say is that I am very sorry for your loss, and should your attorney need any assistance with your case, we can help. Thank you and good luck.

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Answered on 10/30/07, 1:16 pm


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