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Randall M. Lipshutz's Answers
- 487 Legal Answers
- 1 Legal Guide
5
Attorney answers:
Made final ch 13 payment and mortgage is behind. What happens now?
Assuming you were represented in the bankruptcy, start with your bankruptcy attorney. That attorney is going to have a lot more information from which to give you a complete answer. From what you have posted, it is difficult to determine if you are or are not a post petition payment behind, and it is not certain whether the bank applied your post petition payments correctly. If you just made the last 13 payment, you case may be close to being terminated and you getting a discharge for...
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4
Attorney answers:
My attorney advised me she is withdrawing from my case after 15mos she decided it's not a positive case
You need to talk to another personal injury attorney immediately. If your attorney filed against the wrong party, you could now have statute of limitations problems, and you could have a claim against your attorney. Your attorney is likely to get court permission to withdraw, but you need to speak with another attorney before she does. Delay is not on your side in the facts you have stated. As for the withdrawal, either you give her permission, or she files a motion asking the court to...
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6
Attorney answers:
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If I filed a Chapter 7 Bankruptcy, can my tax return be taken?
You need to start off by talking to your bankruptcy attorneys. They should be able to help. As to the refund, any amount of the refund that was due when you filed the bankruptcy is an asset of the bankruptcy estate. However, it appears you worked 3 1/2 months after the bankruptcy filing, and any portion of the refund that relates to those months might go back to you, assuming there is no non-dischargable lien that still attaches after the bankruptcy. Talk to your bankruptcy attorney about this.
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3
Attorney answers:
How do I start the process of getting my mothers home put into my name?
The only way to get the house in your name alone is file your mother's will, have it probated through the court, and when the estate can wind up, the house would be deeded to you by the executor, assuming the will reads as you indicated. Without filing and probating the will, the laws of intestacy would apply, and you and your siblings would share equally in the title to the home. The first step is to bet the will filed with the Probate Court in the county where she died. While an attorney...
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3
Attorney answers:
What can you do bought our home owner financed seller has filed bankruptcy
You need to talk to a real estate lawyer in your area, and today (or Monday since this is Saturday) would not be too soon. If you bought your home and the deed to you was recorded, the bank should not have been able to put another loan on the property. If you bought under some kind of seller financing where the seller never paid off his loan to the bank at the time of your purchase, you could find yourself in a lot of trouble financially. The only way to evaluate your options is to look at...
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3
Attorney answers:
If someone goes to jail for stealing money (over $40,000) are they responsible for paying taxes on that money that stole?
Al Capone was taken down on income tax evasion - for not paying taxes on ill gotten gains. Stolen money woud still be considered income and subject to taxation. Maybe if the money is restored, she would have an offsetting deduction, but for nowit appears to be taxable income.
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2
Attorney answers:
Can you get a court order to get someone to pay mortgage?
It sounds like you already know what you have to do. Go ahead and file the partition action. You are on the note, so it is your credit that suffers if you don't pay. He figures he can freeload, and you can't evict him if he is on title to the house. The partition action would be filed with the Superior Court, and that court has powers in what is called equity to consider ordering him to pay some portion of the expenses while the suit is pending. The court can and probably will take into...
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2
Attorney answers:
Under Goergia Law can an HOA Board vote out an elected board member over personality clasheds with other board members?
The removal of a board member is going to be governed by the bylaws. It is unusual for a board to be able to remove another board member, although not unheard of. If a director is delinquent, sometimes the other board members can vote the board member out of office. Normally they cannot do so because they disagree with the board member's position. If a board member is elected by the membership, normally only the members can remove him or her from office.. The other issue is the two set...
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3
Attorney answers:
As my fathers only child I was not named in his will can I do anything. This is in Georgia
As the child of the deceased, you are a legal heir at law. If the will is being probated, all legal heirs at law have to either be served with a copy of the will and probate documents, or they have to acknowledge service of the papers. An individual can leave his child out of their will. Property can be left to whomever a person wants to designate. If you are concerned that there was something unusual that was influencing your father to leave you out of the will, you should talk to a...
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3
Attorney answers:
I have had a privacy fence for about 9 years, 6-8" inside my property line. Can neighbors connect to it without my permission?
You have two concerns. One is maintenance of the fence, and having an uncooperative neighbor makes doing so a problem. Battles over this type of situation unfortunately can get ugly. To protect your position, you need to go ahead and get a survey to confirm the placement of the fences and the overlap of the neighbor's fence onto your property. From there, you need to put the neighbor on written notice, at least, of the problem. That ties into the second issue. Over time, allowing the fence...
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