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Mohammed Omar Badwan

Mohammed Badwan’s Answers

101 total


  • Bank mailed me released title before loan was paid off. filed chapter 7 and did not reaffirm loan. can i keep the vehicle?

    Can i keep this vehicle legally without paying since the debt has been discharged?

    Mohammed’s Answer

    As long as you have title free and clear, which you do, then the car is yours to keep and they became unsecured creditors that were discharged in the bankruptcy.

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  • I think I may have to face foreclosure and then file for bankruptcy- how bad is this for my credit?

    Will I ever be able to buy a home again?

    Mohammed’s Answer

    You are actually a better credit risk after a bankruptcy than you were before. As counter-intuitive as this may sound, its actually true. A bankruptcy typically erases most if not all of your debt. Therefore, you do not owe money to anybody and become a good credit risk since you have the ability to pay back your post-bankruptcy debts. Furthermore, you can not file a Chapter 7 for another 8 years, assuring creditors that you will pay. Many clients receive credit card offers within weeks of filing. Although your credit score will take a hit, it will recover quickly if you take affirmative steps to improve it. As far as buying a house, I have had clients obtain a home loan within 2 years of bankruptcy. Good luck!!

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  • Did the police have "probable cause" to search my fiances house? Will the evidence hold up in court?

    My fiance was seen being dropped off at his house. The girl that was driving continued to drive down the street and got pulled over. The car that she was driving was found to be stolen. They asked her what house he went in and she told them. They ...

    Mohammed’s Answer

    Based on facts you stated, I believe it is a highly likely that the search is in violation of the 4th amendment. Police need either consent or a search warrant to enter a private residence absent exigent circumstances (harm to someone else was likely, destruction of evidence, etc.) I highly recommend hiring a competent defense attorney to handle this matter.

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  • 23 yrs ago my bro was convict. of arson felony 2ndDegree. He was just arrested for parole violations-what can happen to him now?

    He has not been in any other trouble but failed to keep in contact with his parole officer and left the state. Now after 23 years he just got arrested for the outstanding warrant for arson. They have revoked his bond and is waiting for a court date.

    Mohammed’s Answer

    Unfortunately nobody can tell you what will happen. It is ultimately up to the Judge to decide whether to violate your brother or give him another chance. In the event the Judge violates him, then he can go back to jail or might receive a less harsh punishment (community service, etc.) Hopefully the Judge decides to give your brother another chance. Good luck!!

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  • What if someone didnt have sex with a minor, but the minor is claiming he raped her when really she is just trying to get

    back at him for breaking up with her sister. How do you prove him innocent and get him put back in the military? all of this decided to show up when he left for basic.

    Mohammed’s Answer

    In criminal trials, the burden is on the State to prove the Defendant guilty beyond a reasonable doubt. Therefore, the Defendant does not have to prove themselves innocent. In your scenario, there is no evidence to indicate a crime was committed other than a statement by the minor. Since there is motive for the fabrication, I do not see the State meeting their burden as there is significant room for reasonable doubt. Good luck!!

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  • What is the likely outcome of a person being accused of a sex crime when the "victim" changes their story?

    My friend is being accused of a sex act. His exgirlfriends daughter accused him of kissing her on the mouth. She has accused him of kissing her on the mouth not touching her in any way just kiss. My friend has been going to court for over a year i...

    Mohammed’s Answer

    I do not believe he is worse off; if anything his chances of obtaining a not guilty verdict have increased significantly. When witnesses/victims change their stories, it tarnishes their credibility. In criminal trials, the State has the burden of proving the Defendant guilty beyond a reasonable doubt. I can not fathom how a Judge or Jury can convict based on unreliable testimony.

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  • Bankruptcy Question - I have approximately $115k in credit card debt and most of the credit cards are in my name alone.

    However, one of the credit cards, with a balance of $20k, is a joint account with me and my wife. We also have an unsecured personal line of credit that I use for overdraft protection (not a credit card but a line of credit) (and I don't owe any m...

    Mohammed’s Answer

    Whether the bank will close the credit card if you file without your wife is up to the bank. You can always call the bank and ask what their course of action will be. As far as the credit line goes, if you both file, it is highly likely that they will close the line of credit. Good luck!!

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  • How do I initiate a small claims suit in Tampa, Florida ?

    I have $1,500 in outstanding debt that has a written & signed agreement that states a payment is due every month, and I haven't recieved a payment since August of 2010, and is this worth getting a Lawyer involved or will the legal fees eat up the ...

    Mohammed’s Answer

    Hiring a lawyer will most likely eat up your claim. Your best bet is to go to your local clerk's office and ask for a complaint form for small claims. At that point you can fill it out, pay the filing fee, and serve the defendant. Most people are deathly afraid of lawsuits and will decide to pay up. Good luck!!

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  • I have court for underage consumption. I was 19 at the time of arrest.

    The officer did not use a breathalyzer on me. He asked " have you been drinking?" which I replied to with "yes'. There was nothing at all whatsoever pertaining to alcoholic consumption, rather he assumed by my answer that I had been drinking alcoh...

    Mohammed’s Answer

    The fact that you were not given a breathalyzer will make it harder for the State to prove their case against you. If you were charged under the criminal code (laws) then the State has to prove your guilt beyond a reasonable doubt. If the police officer has no evidence other than your admission, then I think you have a decent shot at winning the case at trial. Good luck!!

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  • Someone took over car payments - stopped paying with two months left on the note

    I was transferred overseas for work and had a friend take over the car payments for my 2003 Mitsubishi Lancer; she stopped paying two months before the note was paid off. The loan is under my name but the Loan Company is aware of the switch and ha...

    Mohammed’s Answer

    The loan is under your name; therefore you are ultimately liable for timely payments. Try working something out with the creditor to see if you can get more time to pay. In the mean time you can try contacting your friend to see if he/she will be able to make the payment. If not, you can always make the payment and have your friend pay you back. Good luck!!

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