Mohammed Omar Badwan’s Answers

Mohammed Omar Badwan

Oak Brook Chapter 13 Bankruptcy Attorney.

Contributor Level 12
  1. Can a creditor continue to pursue me after a court has dismissed their previous suit with prejudice, two year ago?

    Answered over 3 years ago.

    1. Lawrence Adam Silverman
    2. Mohammed Omar Badwan
    2 lawyer answers

    If there is was a court order entered agaisnt the creditor dismissing the case with prejudice, then they can not pursue you on the same claim. You should consider dragging them into court and asking the judge for sanctions since they have willfully ignored a court order. You should consult with a competent attorney in your area to handle this matter for you.

    1 person marked this answer as helpful

  2. I forgot to show an asset and my 341 meeting is on Tuesday. I tried to contact my lawyer but no response.

    Answered over 3 years ago.

    1. Paul Stephen Johnson
    2. Dorothy G Bunce
    3. Mohammed Omar Badwan
    4 lawyer answers

    Make sure to disclose this asset at the 341 meeting. You can simply request a 341 continuance which will afford your attorney the opportunity to amend your schedules. Most trustees will respect your honesty and grant your request.

    1 person marked this answer as helpful

  3. How can my son be charged if its hearsay and no one saw him ?

    Answered over 3 years ago.

    1. Mohammed Omar Badwan
    1 lawyer answer

    In Illinois, the prosecutors will have to prove probable cause existed for the arrest and detainment of a criminal defendant. This is done either in a preliminary hearing or a grand jury indictment. I would assume there are similar proceedings in NC. Based on the facts YOU provided I don't see how they can detain him on mere hearsay and no physical evidence. I highly recommend you hire a competent defense attorney ASAP.

    1 person marked this answer as helpful

  4. How to check for a felony warrrnt in California?

    Answered over 3 years ago.

    1. Robert Laurens Driessen
    2. Mark A. Broughton
    3. James Murray Warden
    4. Mohammed Omar Badwan
    4 lawyer answers

    Simply call the clerk's office in whichever county the warrant was "issued". In Illinois they will tell you over the phone. I am assuming the same holds true in California. If you have NO idea what the "process server" is talking about, then you are probably okay. Just check to be on the safe side.

    1 person marked this answer as helpful

  5. I've answered a summons I received over non-payment of credit card debt.

    Answered over 3 years ago.

    1. Robert J Harris
    2. Dorothy G Bunce
    3. Mohammed Omar Badwan
    3 lawyer answers

    I would not suggest transferring assets as it may constitute fraud; especially after being sued. How much are you being sued for? If not much, simply go to the court date and talk to the creditors attorney. They may be willing to settle the debt for a fraction of what you owe; especially if you are not working or do not have any assets. If you do not like their offer, ask them to provide you with proof of the debt. If you make them work too hard, they may dismiss your case or settle for cents...

  6. I have been served "summons" a civil action for a credit card - How many times can they sue you for the same account.

    Answered over 3 years ago.

    1. Charles Ross Smith III
    2. Mohammed Omar Badwan
    3. Steven Alan Fink
    3 lawyer answers

    Yes, you have to answer the complaint. Failure to answer the complaint will result in a default judgment being entered against you. Once there is a judgment, then the creditor can start garnishing your wages or seizing your assets. It is quite simple; just admit or deny each allegation. You also have the option to admit in part and deny in part. Good luck!!

  7. Can I keep my tax returns after filing Chapter 7

    Answered over 3 years ago.

    1. Glen Edward Ashman
    2. Adam Brooks Arnold
    3. Lawrence W. Lobb
    4. Mohammed Omar Badwan
    4 lawyer answers

    If you have exempted it from your bankruptcy estate, then you have nothing to worry about. Even if you did not exempt it, I do not believe the trustee will go after it since it is only $3800. From my experience, trustees are only concerned with tax returns over $5000. If your tax return is over $3800 and you are out of exemptions, you should consider settling with the trustee. Essentially you would give him cash in lieu of the rest of the tax return. I do not think you have anything to worry...

  8. Do I have to give all information to a lawyer who sent a subpeona for a credit card debt collection?

    Answered over 3 years ago.

    1. Philip D Stern
    2. Eric Barry Levine
    3. Mohammed Omar Badwan
    4. Dorothy G Bunce
    4 lawyer answers

    Yes you would if it is a citation to discover assets. A citation to discover assets is issued after a judgment has been entered against you. In Illinois, failure to respond to the citation can result in a motion for rule to show cause (explain why you did not answer the citation). If the debtor does not respond to the motion for rule to show cause, then the Judge can issue a warrant for their arrest. If you have no assets, then you should definitely answer to citation to avoid any legal...

  9. Will I have any problems leaving or reentering the US if I have a small outstanding debt?

    Answered over 3 years ago.

    1. Dorothy G Bunce
    2. Mohammed Omar Badwan
    2 lawyer answers

    Dorothy is right, you have absolutely nothing to worry about. The government can care less about your debt. You can come and go as you please.

  10. Procedure for vacating a judgment

    Answered over 3 years ago.

    1. Mohammed Omar Badwan
    2. Dorothy G Bunce
    2 lawyer answers

    I am confused. You mentioned that the judgment was satisfied, so why do you want to vacate it? If it has been satisfied then the creditor can not garnish your wages or seize your assets. In the event you still want to vacate it, you have to find out whether it was a default judgment or final judgment. A default judgment is if you did not answer the complaint and the Judge ruled against you for failing to do. A final judgment is if the Judge ruled on the case based on the merits. It is a...

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