Paula Brown Sinclair’s Answers

Paula Brown Sinclair

Twin Falls Social Security Lawyers.

Contributor Level 20
  1. Is a judgment based on a defaulted private student loan dischargable in a Chapter 7 bankruptcy?

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. Brian Campbell Fenn
    3. William James Waters
    4. Michael John Harrington
    5. Walter C Oney Jr
    6. ···
    6 lawyer answers

    I respecfully disagree with both Mr. Fenn and Mr. Oney. There definitely are circumstances under which a Chapter 7 discharge extends to private student loans. To be non-dischargable a loan must meet specific certain requirements of the Internal Revenue Code. This argument comes straight out off the Bankruptcy Code at section 523(a)(8). Creditors are understandably very prone to claiming tan expansive sweep of "student loan" non-dischargability, but debtors have rights under the law...

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  2. I was in a car accident 3 week I had my 2 year old daughter with me also their insurance company wants to settle.

    Answered 9 months ago.

    1. Paula Brown Sinclair
    2. Jeffrey Mark Adams
    3. Spencer Edward Farris
    4. Jeffrey Bruce Gold
    5. Michael R Crosner
    6. ···
    10 lawyer answers

    Of course their insurance company "wants to settle" as the price will only go up. First of all, how can you be sure at this point that your injuries are healed? Secondly, how do you know what a fair settlement amount would be? No, you do not NEED a lawyer. You are free to accept whatever sum and sign a irrevocable release without that assistance. If what you WANT is a fair settlement, then it would be prudent to consult with a personal injury attorney. If you have a firm settlement...

    15 lawyers agreed with this answer

  3. If my children are on the deed to the family home, due they still have to pay the immoral death tax in Ca.

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. Michael Charles Doland
    3. Hillary Johns
    4. Thomas Edward Rossmeissl
    5. Michael Ross Lykken
    5 lawyer answers

    Mr. Doland is correct on the issue of liability, but with only the information you have chosen to disclose it is not possible to know if a tax will be due. California no longer levies any kind of transfer tax on death. Under federal law, the estate tax is part of a unified transfer tax system that takes into account lifetime transfers of over a defined value. The absence of any liens or mortgages is irrelevant. To obtain the precise advice that will meet your needs, consult with a CPA....

    15 lawyers agreed with this answer

  4. Filing Bankruptcy Twice?

    Answered over 2 years ago.

    1. Paula Brown Sinclair
    2. Michael A. Goldstein
    3. Andrew Daniel Myers
    4. Erich Matthew Fabricius
    5. Craig M. Janak
    5 lawyer answers

    Yes. It is not only possible but likely essential so you can get back on your feet. Depending when your first case was dismissed, your new attorney may need to take special action to keep your automatic stay in place. There is unfortunately far too wide a range of competenct among "bankruptcy attorneys." Many think bankruptcy is an easy way to make a buck, but they are clueless if the case is anything more than simple and routine. Bankrupty is in fact a complex body of law that demands a...

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  5. May I enter my son's journals as evidence? They state child abuse and his preference for custody.

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. Richard Forrest Gould-Saltman
    3. L. Maxwell Taylor
    4. Jay Bodzin
    5. Rhonda Diane Ellifritz
    6. ···
    6 lawyer answers

    A better strategy, assuming you are sincere and your budget not severly limited, will be retaining an expert. The right psychologist can interview the child and, with child's permission please, read the journal. Then the psychologist can form an opinion as to the child's view of his custody decision, itemize and evaluate the child's concerns, etc. If the ex is truly a relentless vexatious litigant, there is not alternative but to work with very experienced counsel and make such a strong...

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  6. Petition filing chap 7 next wk; later same for corp; pers/corp intertwined; taxes/liens;need guidance/getting none. HELP!

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Paula Brown Sinclair
    3. Dorothy G Bunce
    4. Stephen M Trezza
    5. Deborah F Bowinski
    5 lawyer answers

    Mr. Daymude could not be more correct. As knowledgable and caring as are the attorneys who volunteer for Avvo, we can offer no more than general information about the law and legal procedure. You have retained counsel, but are dissatisfied. Indeed, attorneys who accept bankruptcy cases bring a wide range of competence to their representation. IThere is nothing stopping you from consulting with other attorneys to find one equal to your complex issues. Try the attorney-finder at www.nacba....

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  7. Removed from my mothers will (pretty large estate), do I have any rights?

    Answered over 1 year ago.

    1. Charles Richard Perry
    2. Paula Brown Sinclair
    3. Michael T Millar
    4. Denise Leydon Harvey
    4 lawyer answers

    If the will was validly executed and you are not a beneficiary, then that is the end of the analysis. Sanity is not the test of competence to execute a will. A testatrix need only be aware in general terms of the nature and extent of her estate and the identity of the "natural objects of her bounty," usually interpreted as close family members. The will can be contested, but be aware that if an attorney prepared the will and presided over the signing, that attorney will appear as a witness...

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  8. Will my inheritance completely stop the SSI process?

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. Clifford Michael Farrell
    3. Brittany Green Gloersen
    3 lawyer answers

    No, the prospect of an inheritance will not presently affect the SSI determination. In fact, it is possible to set up a special needs trust so the inheritance won't even interrupt any benefits awarded. You will need to consult with a public benefits or elder law attorney. In addition, it may be possible to arrange to have some of the inheritance paid directly to others on your behalf. All of this should be in place before your SSI hearing, so it is important to access the legal assistance...

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  9. Why do I need an small estate affidavit

    Answered over 2 years ago.

    1. Paula Brown Sinclair
    2. Uzzell S Branson IV
    3. Michael Charles Doland
    4. Jeffrey Manuel Sydney
    5. Abel Lopez
    5 lawyer answers

    It sounds like the stock was never properly transferred into the trust, so the trust is not available to provide the transfer mechanism upon death. For assets "outside" the trust and not subject to contractual beneficiary designations, probate procedures must be used. This is a common error with living trusts, especially when managed without attorney assistance. To be sure, a brief consultation with an experienced probate attorney would meet your needs. Best wishes for a favorable outcome,...

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  10. Hello, I am wondering if I can write letter to Judge to review my version of case and details and walk it in straight to her

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. Harry Edward Hudson Jr
    3. William Mark Weinberg
    4. David Aaron Wiesen
    4 lawyer answers

    Mr. Weinberg is correct with his suggestion for an alternate strategy. Let me add this, for the benefit of the public that does not understand why someone with "important information/the real facts/what the judge needs to hear/etc." can't just deliver it to the judge: Judges are required to rule by applying the relevant law to the facts established in the record. One of the great strengths of our legal system is the adversary nature of criminal proceedings where the prosecutor is...

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