Although there are several chapters to the United States Bankruptcy Code, the two that pertain to most individuals and small businesses are chapters 7 and 13. There is good reason why bankruptcy is referred to as a “fresh start”. When a company or individual files for bankruptcy, they are in a state of insolvency. Unable to pay their debts, they require legal protection to relieve or restructure outstanding obligations.
Individuals who reside, have a place of business, or own property in the...
The time in which to file a motion will be determined by several controlling factors.
First there is the New York Civil Practice Law and Rules ["CPLR"] which governs procedure in civil matters. There is also the Uniform Rules for New York State Trial Courts. Each court, i.e., Supreme, Civil, Family, Surrogate's, etc., have different sets of procedural rules.
Finally, the judge presiding over the case will generally set a schedule...
This is something that should have been, and most likely was, discussed in great detail by your attorneys with you before you agreed to be a class representative. Furthermore, this should have been detailed in an addendum to the retainer agreement
Any questions you have regarding this or any aspect of the litigation should be discussed with class counsel.
You have several options. The first would be to retain an attorney to represent you in your request for documentation from the credit card company. An attorney would likely be more effective in communicating the seriousness of the request.
You could, and perhaps should, also file a complaint with the prosecutors' office. Thirdly, and not exclusive to the other remedies, you could sue your husband for fraud.
Without knowing the facts of your case, the answer is, theoretically, yes. For example, a violation of the Fair Debt Collections Practices Act can also be a violation of a state's consumer deceptive practices act. A violation of the Truth In Lending Act can also create causes of action for violation of consumer fraud laws, breach of contract, or common law fraud. All this presupposes that the elements of each cause of action are met.
The short answer is yes if you meet certain conditions and follow all controlling procedures. Litigation at any level beyond small claims court is a complicated process. Based on your location, I assume that you filed the case in the Eastern District of New York. This means that you MUST familiarize yourself with the Federal Rules of Civil Procedure, the local rules for the E.D.N.Y. and the particular judge's local rules.
To give you an idea of how complicated this is, I have included F.R....
This is a perfect example of why you need to be represented. The first step is to read both the local rules of SDNY and the rules of the judge who is hearing the case. As for the FRCP, you can find them online and search for the relevant rule(s). If you are insistent about proceeding pro se, this is a good exercise.
This is an issue that you should be discussing with your attorney. He drafted and submitted the motion which resulted in the order requiring your wife to pay some of your legal fees. He is in the best position to seek enforcement.