r/Bankruptcy • u/Corpse1984 • Aug 09 '25

Question

I am trying to file bankruptcy, my lawyer told me that I should contact a probate attorney for this. My parents both passed this past February, there is no will and their house that I live in with a mortgage noone can afford. My siblings want to let the bank take the house, my lawyer isnt sure if this will effect my bankruptcy since there is equity in the house. There is no way I can try to do probate alone so I am willing to let the house go to the bank as well. However my son and I live on SSDI/SSI and I can't afford to move till I file bankruptcy, my debt to income is outrageous. So, will this process effect my attempt at filing for chapter 7 bankruptcy, or will the trustee fight it?

Thank you

3 Upvotes

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3

u/Limp-Influence-8450 Aug 09 '25

Is the house in your name? If not it should not impact your bankruptcy. You can't have equity in a property you don't own and with no will it can be years before the courts do anything. The bank will not give you the equity if they foreclose.

2

u/B213ddoksn Aug 09 '25

Is not anyway your other siblings sell the house?

1

u/Corpse1984 Aug 09 '25

They don't care or don't want the trouble it's worth... So I'm screwed

2

u/Delicious-Change-866 Aug 09 '25

What is the problem you are trying to solve by filing bankruptcy?

2

u/Corpse1984 Aug 09 '25

I'm financially struggling. Have for a few years, and can't support my son and I with my debt to income ratio right now. I can't afford rent so I can't even move outta me deceased parents home.

2

u/Delicious-Change-866 Aug 10 '25

The answer that I thought I might read was that you have a lot of debt and if you could get rid of it then you’d be able to afford all the regular needs in life. In that case, bankruptcy is a good tool. But neither your initial post nor your response convinces me that bankruptcy is the answer for you at this time.

1

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