Paula Brown Sinclair’s Answers

Paula Brown Sinclair

Twin Falls Social Security Lawyers.

Contributor Level 20
  1. Can a motion for releif from stay be reversed?

    Answered over 2 years ago.

    1. Paula Brown Sinclair
    2. Dorothy G Bunce
    3. Clayton Woodrow Cook-Mowery
    4. Michael A. Goldstein
    4 lawyer answers

    The stay-relief order will remain in effect unless set aside. The grounds for doing so are in the bankruptcy court's procedural rules, which incorporate the Federal Rules of Civil Procedure for a matter of this type. If you were one payment behind when the stay-relief motion was filed the order might still have been properly entered although usually the mortgage company would be reasonable about catching up. In fact, it should still be possible to negotiate with the mortgage company for such...

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  2. Bankruptcy

    Answered almost 3 years ago.

    1. Paula Brown Sinclair
    2. Scot J Eliot
    3. Stephen Nathan Doan
    4. Glen Edward Ashman
    5. Jeffrey Branan Kelly
    5 lawyer answers

    The Trustee has a claim to tax refunds which are "property of the estate." This includes the share of your tax return receivable in the tax year your petition was filed corresponding to the portion of the year up to the date of filing plus any refunds for other years receivable by you on the filing date and any refunds received and on hand. All of these are subject to your exemption claims, which is case-specific and depends on the exemption rules applicable to your case. In other words, when...

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  3. How much should one seek for emotional distress and mental anguish from the other driver's insurance company?

    Answered 10 months ago.

    1. Paula Brown Sinclair
    2. Shoshana Kunin-Leavitt
    3. Christian K. Lassen II
    4. Jeffrey Mark Adams
    5. John L. Schroeder
    6. ···
    10 lawyer answers

    Here on the Avvo Q&A the generous and knowledgeable attorneys who volunteer can provide accurate information about the law and legal procedure, but this forum is ill-suited to advising strategy in a particular case. That is a job for local experienced counsel. Your needs will be best met by consulting with local PI counsel who can gather all relevant information and advise. Be aware that settlement values vary greatly from one geographic area to another. Best wishes for an outcome you can...

    13 lawyers agreed with this answer

  4. Fell off a moving bobtail and now injured

    Answered 12 months ago.

    1. Manuel Alzamora Juarez
    2. Christian K. Lassen II
    3. Robert Bruce Kopelson
    4. Paula Brown Sinclair
    5. Christopher John Gansen
    6. ···
    8 lawyer answers

    Fourth post. See four prior responses by three attorneys. (And it is time to stop asking the same question. The answer will not change.)

    13 lawyers agreed with this answer

  5. Who notifies the creditors of my bankruptcy filings? is it the trusties or do I have to do it?

    Answered about 2 years ago.

    1. Robert A. Stumpf
    2. Paula Brown Sinclair
    3. Mark Anthony Swaim
    4. Joseph Ryan
    5. Christopher M Royston
    5 lawyer answers

    Notices are generated electronically from the "mailing matrix" filed with the bankruptcy petition. The paper notices are prepared and mailed from the Bankruptcy Noticing Center in Virginia. Some circumstances during the pendency of the case require the debtor to issue notice and certify that service to the court. That would be one more excellent reason to take care to retain the assistance of competent and experienced bankrtupcy counsel.

    13 lawyers agreed with this answer

  6. What form on Chapter 7 bankruptcy should I include my debt for unemployment over payment?

    Answered over 1 year ago.

    1. Derek R. Caldwell
    2. Paula Brown Sinclair
    3. Todd Joseph Mannis
    4. Adrian M. Lapas
    4 lawyer answers

    Mr. Caldwell is absolutely correct on all counts. Chapter 7 is a complex legal procedure, a minefield of opportunity for irrevocable self-inflicted damage. If you think legal assistance is expensive, just wait to find out how costly proceeding without can be. To find a reliable experienced bankruptcy lawyer, use the attorney-finder at www.nacba.org. Best wishes for a favorable outcome, and please remember to designate a best answer.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Contracts: In a written agreement, is it prudent--or overkill--to have a party initial every section or page of the agreement?

    Answered almost 2 years ago.

    1. Paula Brown Sinclair
    2. Jeff Hoang Pham
    3. Frank Wei-Hong Chen
    4. Robert Bruce Kopelson
    5. Dana Howard Shultz
    6. ···
    6 lawyer answers

    If initials are required for each paragraph, attention is consciously directed to the content of that paragraph, encouraging clarity and obviating a claim of confusion. Since by your description that issue or defense to enforcement is a known risk, the answer would seem obvious. Who cares if the actor is annoyed? Does s/he want the deal or not? I value clarity, so my vote is for "prudent." Best wishes for an outcome you can accept, and please remember to designate a best answer.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I would like to find a lawyer in Tampa or surrounding area to sue for a false arrest.

    Answered about 1 year ago.

    1. Paula Brown Sinclair
    2. Stephen Ross Cohen
    3. Richard Earl Hornsby
    4. Dean George Tsourakis
    5. Brenda A Drake
    6. ···
    9 lawyer answers

    Feel free to use the Avvo "Find a Lawyer" function. The Q&A is not intended for attorney recruitment (or client solicitation either) and it is clear that you need precise advice and representation.

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  9. How does one report a breach of ethical behavior, non-professionalism, etc. to the board regarding an attorney's conduct?

    Answered almost 2 years ago.

    1. Paula Brown Sinclair
    2. Michael Charles Doland
    3. Charles Richard Perry
    4. Hillary Johns
    4 lawyer answers

    My apologies, flagged in error, intended to punch answer button. (Wish Avvo would permit undo.) Two resources for suspected elder abuse not mentioned so far are adult protection services of the state health and welfare department and the ombudsman with the local Area Office on Aging (a federally funded agency). Best wishes for a favorable outcome, and please remember to designate a best answer.

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  10. Filed chapter 13 then converted to chapter 7 as advised by our lawyer but it was dismissed due to income.

    Answered almost 3 years ago.

    1. Paula Brown Sinclair
    2. Michael A. Goldstein
    3. Russell Baird Adams III
    3 lawyer answers

    Yes, you can file again at any time in Chapter 13, but make sure your attorney pays attention to the "repeat filer" rules on the automatic stay. And, yes, you need a better attorney. You should have been allowed to reconvert to Chapter 13 as an alternative to dismissal. If you do not know how to evaluate the competence of available bankruptcy attorneys, try the attorney-finder at www.nacba.org. I am a longstanding proud member of NACBA, and I trust my colleagues to protect your rights and...

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