William James Rogers’s Answers

William James Rogers

Bloomington Construction / Development Lawyer.

Contributor Level 13
  1. Can a bank use the right of offset to take money out of an account that belongs to an estate? The payment was not past due.

    Answered over 3 years ago.

    1. William James Rogers
    2. Mitchell Paul Goldstein
    2 lawyer answers

    I am sorry to hear of your loss. A right of set-off is typical in circumstances where a financial institution holds accounts for a client who also enters into a loan agreement with the same institution. Many circumstances, including insolvency and death, frequently trigger acceleration clauses which make the entire outstanding amount immediately due and payable. Review the loan documentation to determine if your situation is addressed in the contract terms. Best wishes to you and your family.

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  2. If the seller's corporation is in 'inactive' status, do I still have to pay the corporation, or him?

    Answered over 3 years ago.

    1. William James Rogers
    2. Robert Douglas Kane Jr
    3. Steven J. Fromm
    3 lawyer answers

    Review your purchase agreement to confirm that you purchased only assets rather than assets and liabilities. Once you have confirmed that you owe no obligation, send a cease and desist notice substantiating why you owe the putative creditor nothing. The fact that a corporation's status is "inactive" on the Secretary of State's web site does not relieve you of your obligation to pay according to the terms of the agreement. It means only that the required annual renewal has not been filed....

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  3. Can a dealer after he repossessed my car ask for 5 or 6 payments in advance?

    Answered over 3 years ago.

    1. William James Rogers
    1 lawyer answer

    Both you and the dealer are bound by the terms of the agreement under which you took possession of the car in exchange for the agreement to make monthly installment payments. The dealer's rights and remedies for non-payment are set forth in the agreement. You should read the agreement and determine whether after a default there is any right for you to cure the late payments, and also the circumstances under which the agreement is terminated. If you are unsure how to proceed after reviewing...

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  4. I am doing a self-directed Roth IRA and buying shares in a non- publicly traded company from my brother.

    Answered over 3 years ago.

    1. William James Rogers
    2. Jaren Lee Johnson
    3. Steven J. Fromm
    3 lawyer answers

    IRS regulations prohibit transactions that are an improper use of the value in the account or annuity by the account owner, the account owner's beneficiary, or any other disqualified person. These rules are generally designed to prevent self-dealing. Disqualified persons include your fiduciary and members of your family, such your spouse, ancestor, lineal descendant (e.g. children), and any spouse of a lineal descendant). Your brother is not a disqualified person, so on that level there is no...

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  5. Defective complaint/service of process?

    Answered over 3 years ago.

    1. Bill Lee Voss
    2. William James Rogers
    2 lawyer answers

    I'm not familiar with Texas small claims procedure, but a defendant cannot be forced to defend an action in any venue unless the defendant has sufficient contacts with the forum state. Owning property in the state is generally sufficient to confer a local court with jurisdiction, at a minimum, over the property located there. If the contacts are more sufficient, for instance if you reside there part of the year, that is probably sufficient to confer personal jurisdiction as well. A...

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  6. Can my HOA's attorney still collect past due fees that were discharged in my chapter 7 bankruptcy?

    Answered over 3 years ago.

    1. Paul H. Weig
    2. William James Rogers
    3. Eric Charles Lewis
    4. Stephen M Trezza
    4 lawyer answers

    Check with your bankruptcy counsel about the potential dischargeability of the bill for repairs (if the damages occurred pre-petition, it may be dischargeable). If you need assistance regarding issues of your liability for the assessment for repairs, etc., contact an attorney with experience in the construction industry and in particular common interest communities (CICs). Many of us offer free consultations. Paul is spot-on about the pre-petition/post-petition collectability of HOA fees....

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  7. One of our vendors without verbal or written consent withdrew funds from our bank account on a pass due bill.

    Answered over 3 years ago.

    1. William James Rogers
    1 lawyer answer

    Write or call your bank immediately but no later than 60 days from the date of the first statement that contains the error was mailed to you. Give your name, account number, dollar amount and date in question. Explain why you believe there is an error. If you call, you may be asked to send this information in writing within 10 days. The bank must notify you of the results of its investigation. If there was an error, the bank must correct it promptly. If it finds no error, the bank must...

    1 lawyer agreed with this answer

  8. Can a business refuse a check as payment?

    Answered over 3 years ago.

    1. Michael Edward Kemp
    2. William James Rogers
    3. Pamela Koslyn
    3 lawyer answers

    Frequently when an account has become past due additional payment restrictions come into play for cautious vendors. Even cashier's checks have a clearing period during which the check can actually be cancelled. Tech businesses also prefer not to handle paper, as it is more expensive than completing transactions electronically.

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  9. If I have already filed chapter 13 and I have been making monthly payments for 3 years can I change my filing status to chap 7?

    Answered over 3 years ago.

    1. Becky A Moshier
    2. William James Rogers
    3. Stephen M Trezza
    4. Erick J. Bohlman
    4 lawyer answers

    You cannot convert your current joint case to a 7 if you were ineligible to file a 7 at the time the 13 was filed. Dismissal and refiling as a 7 may work, depending upon your current eligibility for a 7 (8 years from the date of filing of your most recent 7). If your circumstances have changed so that the current plan payments are unaffordable, you should discuss with your chapter 13 attorney whether you may seek a plan modification. In the District of Minnesota, the proponent of a...

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  10. Think cash is taking my to court and said they will garnish my wadges 25% can they do that if i recieved food support and sec 8.

    Answered over 3 years ago.

    1. William James Rogers
    2. Michael James Wang
    3. Paul H. Weig
    4. Jeffrey B. Lampert
    5. Joshua P Friedman
    5 lawyer answers

    The default exemption in MN is 75% of your disposable (after-tax) earnings or 40 times the federal minimum wage (now equals $290 for 40-hour week) is exempt (whichever is greater), unless the judgment is for child support. Because you are presently receiving or have received relief based on need in the past 6 months, all of your wages are exempt. You should send a letter to the creditor, or consider contacting an attorney here in MN to send a letter on your behalf, advising the creditor not...

    1 lawyer agreed with this answer