[CLBS] I get the strangest clients

[Catherine Dullea]

Dear Listmates:

I swear I could make great bar exam questions from the situations my clients
get into.  New chapter 7 client and her now-former boyfriend decide to buy a
house.  Her Dad fronts all of the money for the downpayment.  Because she
has a lot of debt (has been contemplating this bankruptcy for several
years), they put the property into ex-boyfriend's name only.  She has made
all of the payments.  He has disappeared, probably having to do with his
half-dozen or so outstanding warrants.  She has hired another attorney
(thank goodness!) to try to get the house in her name.  Now she's suffered a
judgment on one of her debts and we need to file her chapter 7 asap to keep
her from getting garnished.  The property isn't in her name, but it is her
homestead.  I don't believe she's on the note.  If there's any equity
(sounds like FMV is $80,000 and about $70,000 is owed), can I use her
homestead exemption to protect it?  Right now I see the "asset" as her
lawsuit against ex-boyfriend, for which there's no exemption.  

--Katie Dullea