Menlo Park, CA Bankruptcy Law Firms & Lawyers

I'm sorry about your situation. You can sue your father for the funds any and all proof of you have - texts, reasons why the money is in possession and not yours (I'm assuming he's your guardian and didn't have a right to the money but was holding the money for you), anything - will be helpful. You should get the judgment against him even if he doesn't have any assets that you can get the $50,000 back now but in the future if he ever comes into any sort of assets/money, then you can get the funds then. The judgment is good for 10 yrs. You'll have to renew the judgment every 10 years.

Yes. In fact, what you call a private debt has to be disclosed in your bankruptcy petition and discharged like any other debt. All debts must be disclosed and will be discharged unless specifically not a dischargeable debt such as child support, fines an most student loans.

You cannot keep your home unless you pay back all the arrears (months behind) on your house. Alternatively you can ask the lender for a modification which can extend the term of your loan and bring you current. Absent lender agreement or you catching up with your payments, the lender has the right to commence foreclosure on your home or continue foreclosure if it had already began prior to you filing the bankruptcy. How much time you may have in your home depends on a lot of facts which you do not give, contact your attorney, they are in the best position to assist you. If you have steady income, you might consider filing a chapter 13, that would allow you to repay the arrears over 3-5 years, but you would have to have the ability to continue to make your regular mortgage payment. How much time you may have in your home depends on a lot of facts which you do not state here, contact your attorney, they are in the best position to assist you.