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John F Porter

John Porter’s Answers

30 total

  • Why has the lien survived post chapter 7?

    Ok basically I had a lien placed on me in 2008 for a credit card default. Filed for chapter 7 in 2011 and it was discharged in 2012 (Jan). We were renting the whole time (2003-1013). Finally bought a house in 2013 (Late). Trying to get a equity lo...

    John’s Answer

    This appears to be a judgment lien. Since there were no assets for it to attach to at the time of the bankruptcy filing, it should not be able to attach to assets acquired post discharge. Talk to a bankruptcy attorney, It may be as simple as filing an affidavit or at worse, reopening and move the court to avoid the lien.

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  • I'm on probation 18 years old and living with my mom does she have authority over me

    Okay so I am on probation living with my mom and I am 18 year sold teo days before I turned 18 she told me I was on my own etc after telling me she would help me out my fiance lives in Spokane and neither of us can drive at the moment so our paren...

    John’s Answer

    You need to review and understand your conditions of probation. You may be 18 but if the probation conditions include supervision by or obeying your mother, that controls. The conditions may not state that directly, but may be structured to that as a practical matter, she is in control. At any rate, the decisions you report that she has made seems to indicate that she cares for you and is concerned about the type of acquaintances that may be influencing your behavior.

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  • My ex filed a bk and it was dishcarged. She included the mortgage we had together. Is she still responsible for the mortgage?

    The home was awared to me in the divorce. I also filed a bk and it was discharged as well, however I did reaffirm of the mortgage. Does the bank need to take her off the note?

    John’s Answer

    Unless she reaffirmed the debt, which I doubt given the circumstances you describe, the debt is discharged as to her. I don't think the bank has to remove her name from the note but it is barred by the discharge from any collection activity whatsoever. It would be a good move by the bank to remove her name to avoid mistakes in the future which could subject the bank to penalties.

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  • Should you report the bad personal conduct of a physician to their place of work if incident did not occur on their premises?

    I joined match.com. It was rubbish. Wrote a funny, mocking profile based on what numerous men write in theirs about what they like and want in a woman.a lot of guys actually found it very funny. I was goofing around and wrote to this one guy, a r...

    John’s Answer

    Not only do I agree with the other lawyers, but this is not a native peoples law question. Native peoples law questions relate to tribal law and to its interaction with federal and state law.

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  • I wrote an incident report, never got handcuffed, fingerprinted, or had to serve any type of time. I was 14. Will that show up?

    I got in a fight in my early teens, and cops showed up and made me write an incident report. I was not handcuffed, fingerprinted, stood before a judge, or anything.

    John’s Answer

    From your brief description of what happened, it sounds like the police investigated by never charged you with a crime. A mere investigation will not show up on any records. If there was a juvenile charge, that record would be sealed and it would take very special circumstances to get a court to unseal them. It looks like this was handled informally just based on what you reported.

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  • Can a woman drop charges against the man if she wishes to do so?

    can a female drop charges against the male for assault on female if she wishes to do so?

    John’s Answer

    Once formal charges are filed against you, the State is the Plaintiff as represented by the Prosecuting Attorney. The lady is only a witness at that point, an important witness, but still only a witness. Often a Prosecutor will dismiss if the lady asks or refuses to testify, but it is the prosecutors decision to make, not the ladys' decision.

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  • I need legal advice from both Georgia and Idaho, criminal & family, any ID and GA lawyers?

    My son lives in GA with his father whom doesn't have custody. I now live in Idaho, but have a warrant in GA. What are the Idaho/GA extradition laws, and could I get my son back legally with said warrant as I do have full custody?

    John’s Answer

    If Georgia is serious about this, and I assume so since it appears to be a Felony warrant and you skipped out on a 5 year probation after only one year, they will come to get you. You can have a hearing on the extradition, but you should plan on going. If you have any traffic stops, the warrant will show up and you can be held. Registering the custody order here for enforcement will also probably reveal the warrant. You NEED to seek legal counsel, this could get nasty very quickly.

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  • I have really bad sinus problems and buy sudafed how many can I get in 1 month with out getting arresstes

    I live in southern Indiana o the river and have bad allergies in the spring And fall but my dr won't prescribe it because manufacturing meth is huge here

    John’s Answer

    If you are buying enough to ask the question, it's too much. You should be consulting the doctor for other means of dealing with your allergies.

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  • I'm a CA Landlord. I filed Ch 7 BK & included my tenants security deposit. My BK was discharged. Must I still return deposit?

    Is the security deposit considered a "discharged debt" or, though included in BK, was it not considered a debt, but "monies held in trust" meaning I still have to pay it even though my BK was discharged? My tenant is moving and I don't know what m...

    John’s Answer

    The money was held in trust, otherwise it would have been considered an asset which the trustee could have taken. The tenants moving out is a post-filing event which triggers the lease agreement requirement for an accounting for damages and unpaid rent, if you have such a written agreement, and refund of the balance. Regardless of whether you have a written lease or not, state landlord tenant laws have to be abided by. I am assuming by your question that you still have the rental property and it was not taken by the trustee.

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  • When would I use my corporate seal?

    When would I use my corporate seal? Would I use it for letters that I write or no? Thanking you for your time.

    John’s Answer

    General correspondence does not require a seal. Official documents may require a seal, often banks want a seal when you open a corporate account. Your stock certificates require a seal. You should probably seal the minutes of the shareholders meetings and the directors meetings. Usually the corporate kits have instructions for this. I am assuming you purchased a kit which included the seal.

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