Robert M. Gardner Jr.’s Answers

Robert M. Gardner Jr.

Winder Bankruptcy Attorney.

Contributor Level 18
  1. BANKRUPTCY: Chapter 13 is about to be dismissed. What do you do next?

    Answered 3 months ago.

    1. Robert M. Gardner Jr.
    2. Glen Edward Ashman
    3. Christine B. Adams
    4. Dorothy G Bunce
    5. Ashley Anne Digiulio
    6. ···
    7 lawyer answers

    In nearly every case in the Northern District of Georgia, a debtor will receive a document entitled "Objections to Confirmation and Request for Dismissal of the Case" around 10 days after the creditor's meeting. Many of the objections are minor, but it is important that he contact his attorney to go over these objections in person before the confirmation hearing. The number of objections can be misleading. I recently had a situation where a debt on a vehicle was $10.00 less than what we had...

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  2. Can we file bankruptcy on credit card debt? Would we lose our house or cars?

    Answered over 1 year ago.

    1. Robert M. Gardner Jr.
    2. Glen Edward Ashman
    3. Eric Charles Lewis
    4. Jonathan C. Ginsberg
    5. Jeffrey Branan Kelly
    6. ···
    6 lawyer answers

    Absolutely. A chapter 7 bankruptcy eliminates credit card debt, whereas a chapter 13 would modify or reduce the debt to an amount you could pay back over a period of time. Which chapter you would qualify for depends on your income and other circumstances, and there should be no problem saving your house and other assets. Call a local bankruptcy attorney today to set up a free consultation to go over your situation and see which options are best for you. I have an office in Winder, which is...

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  3. DA 1205 form was filled out incorrectly by arresting officer . . . Does this help me ?

    Answered about 1 year ago.

    1. Douglas Brooks Rohan
    2. L. Ty Wilson
    3. Robert M. Gardner Jr.
    4. Allen Rust Knox
    5. Sean Phillip Park
    6. ···
    6 lawyer answers

    First, the fact that he did not sign the temporary license may be a means of attacking it, but doing nothing only insures that your license will be suspended. It will be up to you to make sure that a hearing is requested within 10 days and the fee paid when you do. As to the blood alcohol, I agree that you have a good basis to beat the charge because he cannot say you were over .08 and refused. However, this is alot like changing a transmission on a car. Even a hairdresser or doctor can...

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  4. Parked Vehicle DUI charge ..keys near ignition(passenger seat). 2nd DUI charge outside of five years.

    Answered about 1 year ago.

    1. Jasen Bodie Nielsen
    2. L. Ty Wilson
    3. Robert M. Gardner Jr.
    4. Jack Ira Klein
    5. Allen Rust Knox
    6. ···
    6 lawyer answers

    This sounds like the type of case that you can win in court, and an experienced DUI attorney with experience in the court where you case is pending could probably get it dropped or reduced. You definitely do not want a 2nd DUI, as you will be looking at the need to install an interlock devise on your car in order to drive at all during the next year. Also, if the officer did not return your license to you after the arrest, there is probably an administrative license suspension process ongoing....

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  5. How do you divide property if theres no will?

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Eric Jerome Gold
    3. Tanner Woods Pittman
    4. Robert M. Gardner Jr.
    5. Darrell Brinnett Reynolds Sr.
    5 lawyer answers

    One cannot transfer real estate verbally in Georgia, so the giving of the land to your brother was not enforceable. When there is no Will, the property of the person who passed away would be divided "per stirpes". What that means, in very broad terms, and without taking into account exceptions which may exist, and given the fact that there were 5 kids, when your first parent passed away, the surviving parent would be entitled to 1/3 of the estate, and the rest would be divided between the...

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  6. My stepfather was granted a Life Estate in my mother's will. What are his responsibilities to the home

    Answered 7 months ago.

    1. Robert M. Gardner Jr.
    2. Glen Edward Ashman
    3. Charles Adam Shultz
    4. Burke Blackwell Johnson
    4 lawyer answers

    A life estate generally means that he has the right to use and enjoyment of the home for the rest of his life. If there are contingencies added to this in the plan language of the will, then a plain reading of them would tell you whether or not such contingencies have arisen. If the will was somewhat vague, the contingencies include legal jargon, or if it does not tell you how you go about giving notice that such contingencies have been met, sit down with a probate lawyer and find out what...

    10 lawyers agreed with this answer

  7. 4YO HURT IN WAL-MART, PLEASE HELP.

    Answered 8 months ago.

    1. Robert M. Gardner Jr.
    2. Timothy Leo Bowden
    3. John Michael Phillips
    4. Jeffrey Allen Childers
    5. Scott Benjamin Riddle
    6. ···
    12 lawyer answers

    Call a personal injury attorney in your area first thing Monday. Walmart will stonewall you without an attorney to press the issue. So far you have done exactly what you should, but you need an attorney now.

    10 lawyers agreed with this answer

  8. How to find out if the deceased left a will or trust behind if the surviving wife wont talk or file in probate?

    Answered 12 months ago.

    1. Robert M. Gardner Jr.
    2. Glen Edward Ashman
    3. Robert Michael Goldberg
    4. Dawn Renee Levine
    4 lawyer answers

    Wills can be filed with the local probate court for safekeeping while the person is living, although that is not required, so you could check there first. The next step would be to file for letters of administration of the estate. If she does have a will, that will smoke it out. Regardless of whether or not he had a will, a years support filed by a spouse or on behalf of a minor child will trump a will in most cases anyway. See a lawyer to help you to make sure that your children's rights are...

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  9. Can I sue my br firm for misrepresentation and neglect?

    Answered over 1 year ago.

    1. Robert M. Gardner Jr.
    2. Glen Edward Ashman
    3. Alan D. Walton
    3 lawyer answers

    Mr. Ashman is correct about the college expenses. The only time I have ever been able to put college expenses in the plan was when the person in chapter 13 was required by his divorce order to pay a certain amount of college expenses. This made the expense a domestic support obligation. The way the court looks at this is that you are paying money for an adult not living in your house instead of paying creditors. Remember, the trusee's job is to see that the creditors receive as much as you...

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  10. Can I re-sue a company after about 30 years?

    Answered 11 months ago.

    1. Charles Joseph Michael Candiano
    2. Robert M. Gardner Jr.
    3. Jonathan P. Sexton
    4. Seth Raven Carroll
    5. Laura Lee Shields
    6. ···
    12 lawyer answers

    The statue of limitations on these types of cases is typically only 2 years. There are some situations which would extend that statute in cases where the injury could not reasonably have been discovered for some reason, or some cases involving minors. However, it sounds like your parents settled on your behalf years ago, which was final when it was done. Feel free to have someone local look over the timeline for you to see if there is any loophole, but you are probably going to be barred so...

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