Ebony C. Ameen's Answers

If I filed a Chapter 7 Bankruptcy, can my tax return be taken?

If you filed your case using an attorney, contact the attorney and ask them to do a Notice of Amendment and to amend Schedules B and C (and possibly the summary of statistical schedules if any amounts change). If you filed your case pro se, then find Schedule B (personal property look for #21, continguent and unliquidated claims) and Schedule C (exemptions). The Georgia exemption code may be found at OCGA 44-13-100. If you have not already had your 341 hearing, make sure you disclose that...

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How to enforce a mediation settlement agreement, how and what should I file in court and the steps it takes?

You can file a Motion to Enforce Mediated Agreement depending on how long it's been since the agreement was reached. I recommend that you file a Motion for Contempt and tell the court what the other party was supposed to do and how they've violated the agreement. You would have to show that the other party was able to follow the court's order and refused to do so. The failure of the other party to abide by the order must be willful. Take all supporting documentation with you to court or you...

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Can I get auto theft charges against my boyfriend dropped?

Be careful about dropping criminal cases against a defendant when you are a victim. There is something called a waiver of prosecution that you can complete and have notarized. Dismissals are almost always discretionary with the DA. If you waive prosecution, you may be charged for filing a false police report. Other consequences may be that your insurance company refuses to pay a claim for damage because you waived any wrongdoing by having the prosecution dismissed, which means that any...

What if someone completed a case with Deferred Adjudication can it showed up on there criminal background as a conviction

If you have successfully completed your case (pre-trial diversion, etc.) then you must file an application for expungement for the arrest to be taken off of your record. Remember that law enforcement officers and agencies, DA's, etc. can almost always run a source code (level of background check) that will reveal every arrest. Anytime you are fingerprinted that information goes into AFIS. Other 3rd parties, like employers, can only see limited information on your record. So if your case...

If we are current on the first mortgage and file bankruptcy can we keep our home & eliminate the 2nd Mortgage?

A Chapter 13 bankruptcy is the type of bankruptcy that allows a 2nd mortgage to be "stripped". After filing all of the normal documents for a Chapter 13 (schedules, petition, plan), an attorney can file a "Motion to Determine Status of Wholly Unsecure Mortgage Lien". A bankruptcy can never modify a 1st mortgage, but if the 2nd mortgage is wholly unsecure, it may be stripped. A "lien strip" does not mean that the mortgage debt disappears, it just becomes unsecured debt and you would pay that...

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Rental house being foreclosed on, told we have to move, can't pay rent and move, told them to keep deposit and we'd move now.

If you are a tenant in a house that is being foreclosed on, you have rights under the Fair Tenant Protection Act (federal law) if you have a bona-fide lease (which is determined by making sure you are paying a fair market value for the lease and that you are not a blood relative of the landlord). If you have a month to month lease, then the new owner of the home (probably Fannie Mae) will try to have you evicted by filing a dispossessory action. If you have a month-to-month, make a cash for...