Ellen Charlotte Carlson’s Answers

Ellen Charlotte Carlson

Norfolk Bankruptcy Attorney.

Contributor Level 9
  1. Can a bankruptcy court take the home I own jointly from an inheritance if the other owner files bankruptcy?

    Answered almost 3 years ago.

    1. Ellen Charlotte Carlson
    2. Stephen M Trezza
    2 lawyer answers

    Depending on your documentation, you may be able to prove that you have paid all but $8,000 of 1/2 interest in the property. Is there some kind of written agreement between you regarding that. If so, you will owe the bankruptcy estate the balance of the obligation, not 1/2 of the property's current value. I recommend you hire a competent bankruptcy attorney with a thorough knowledge of real estate law in your state immediately to protect your interest. Remember: a bankruptcy court is a...

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  2. Will a Chapter 7, 11 or 13 remove a Judgment after it was reported to the 3 major Credit Bureaus? Is it better to file before

    Answered almost 3 years ago.

    1. Ellen Charlotte Carlson
    2. Stephen M Trezza
    3. Jai Prakash Dadlani
    3 lawyer answers

    Typically, it's better to file your bankruptcy before a judgment is entered, as the entry of the judgment could attach to your home or result in the garnishment of your bank account(s) or wages, which can be VERY disruptive and discouraging! Worrying about your credit report with a judgment looming is like closing the barn door after the horse has fled: your credit is ALREADY shot! If your credit report is in tatters, bankruptcy is going to stabilize it and reverse the downward slide of your...

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  3. Summer Camps and Child support in shared custody situation

    Answered about 3 years ago.

    1. Ellen Charlotte Carlson
    2. Joe Pickard
    2 lawyer answers

    If you're in a shared custody situation, both of you are absorbing significant amount of expense for the child(ren), such as rent, utilities, food, gas, school lunches, etc. If you are already incorporating school year daycare into child support guidelines, it makes some sense to add up the cost of the summer camps, add it to the school year daycare cost, and divide it by 12 to even out the annual cost of child supervision. On the other hand, if the shared custody is 60% to you and 40% to...

    1 person marked this answer as helpful

  4. When preparing to file for bankruptcy, if I have my checking and savings account with the same back that holds one of my credit

    Answered about 3 years ago.

    1. Ellen Charlotte Carlson
    2. Dorothy G Bunce
    3. Malcolm Wallace Ruthven
    3 lawyer answers

    Most depositor agreements provide that if you owe the bank money and fail to pay it back, they can offset payments against the deposits in the account. Say you miss a credit card payment because you have to make a tax payment or child care payment. The bank can zip in, take the credit card payment and, if you're running too close to the line, cause the tax or child care check to bounce. As a general principle, it's never a good idea to borrow unsecured monies where you bank. I'll bet you...

  5. Can I file for child support (4 kids) while living in military housing?

    Answered about 3 years ago.

    1. Ellen Charlotte Carlson
    2. Brook Michael Thibault
    2 lawyer answers

    Yes, unfortunately, those of us who have spent years in school and in legal practice DO have to charge for our services so we can pay our rent, support staff and office expenses, with enough left over to take home and pay our personal expenses as well. Instead of polling non-lawyers, you may want to go to the intake office at Norfolk Juvenile and Domestic Relations District Court, file support petitions and have the judge decide. Family Services or the Navy Regional Legal Services Office on...

  6. Will we be allowed to give the child my last name?

    Answered about 3 years ago.

    1. Ellen Charlotte Carlson
    2. Mitchell Paul Goldstein
    3. Joe Pickard
    3 lawyer answers

    A paternity test can resolve this issue, given the fact that a child born to a married woman typically will bear the name of the woman's husband, but for circumstances such as you have presented. It IS difficult to believe that the woman's husband would fight to give this child his name, however, so I doubt your goal will be difficult to attain.

  7. Do I have to send my kids for visitation even if their father doesn't call for months at a time and they don't want to go?

    Answered about 3 years ago.

    1. Ellen Charlotte Carlson
    2. Mark A. Fletchall
    3. Gregory Thomas Buckley
    3 lawyer answers

    How long have your children been telling you they don't want to go? How come you didn't file a petition on April 2d, when you hadn't heard from him, to have the court reconsider its order? Did you tell the father what the kids said and suggest alternatives? Courts are pretty sensitized to the 'game playing' and 'innocent acts' that parties put forth in child custody matters. Here, on the one hand, Dad is pretty sloppy about his contacts with the children, according to you. On the other...

  8. My wife kicked me out after returning from a deployment. I left only to find out that she was pregnant. I tried to reconcile .

    Answered about 3 years ago.

    1. Ellen Charlotte Carlson
    2. Mitchell Paul Goldstein
    2 lawyer answers

    It's not clear WHO returned from deployment, but, putting that aside, I would suggest that you file a court request for a paternity test as soon as the baby is born before worrying yourself about being on the birth certificate or your parental 'rights.' If it's not your child, you will not be financially responsible for it. It sounds like the better part of valor would be to back off and give each other some breathing room until the baby is born. I certainly don't see any need to rush...

  9. I didnt sign a affirmation agreement on my vehicle cause my lawyer didnt think it was wise. I got my chpt 7 papers and my car

    Answered about 3 years ago.

    1. Ellen Charlotte Carlson
    2. Daniel Mark Press
    3. Pamela Koslyn
    4. Jeffrey B. Lampert
    4 lawyer answers

    I'm concerned that you do not appear to understand the legal advice your attorney gave you about reaffirmation. Failure to reaffirm a debt secured by personal property like a car simply returns enforcement of the security contract to state court contractual terms. Moreover, if you want to keep your vehicle, you must reaffirm, or attempt to. Your lawyer does not have to sign those papers, and the court WILL hold a hearing. If the court denies the reaffirmation you request because it...

  10. Can a spousal support order be overturned by my spouse filing for bankruptcy?

    Answered about 3 years ago.

    1. Virginia C Haizlip
    2. Ellen Charlotte Carlson
    3. Edward G. Puhl
    4. Theodore Lyons Araujo
    4 lawyer answers

    There are too many pieces missing from this question to provide a decent reply. Are you represented by counsel in the divorce? If not, you should be. That attorney also should be thoroughly familiar with the interesting outcomes that can emanate from the overlap in these practice areas. I recommend, as an initial matter, that you STOP listening to the threats and/or 'pronouncements' your husband is making and make your own plan without worrying about what he SAYS he's going to do, or not....

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