Hamid Jabbar’s Answers

Hamid Jabbar

Phoenix Litigation Lawyer.

Contributor Level 13
  1. My school is planning on increasing tuition by 27%. Is there any legal recourse available to the student body?

    Answered over 1 year ago.

    1. Hamid Jabbar
    2. Judd S Nemiro
    3. L. Maxwell Taylor
    4. Christine C McCall
    4 lawyer answers

    If you can prove that affirmative statements as to the fee increases were made, you might be able to make out a false advertising or fraud case. The University of California system was recently ordered to pay back in the neighborhood of $40 million in fee increases it imposed on professional students in the early 2000s because of representations is made that fees would not increase. These cases are hard fought, totally dependent on the facts, and take years to pursue.

    1 lawyer agreed with this answer

  2. I have a friend living in UK ,letter of authority made me beneficiary of her late husband assets.Is this legal

    Answered over 1 year ago.

    1. Hamid Jabbar
    2. Michael Austin Hackard
    3. James P. Frederick
    3 lawyer answers

    I agree with other responses that you need to find out whether this is legal in the place of the estate. In this case, that is the UK. You should either look into consulting with your own UK solicitor or contact the solicitor for the estate as suggested by others.

    1 lawyer agreed with this answer

  3. My 75 year old parents have about $40000.00 of credit card debt, no assests, a car pmt, 2k soc sec. should they file bankrupcty

    Answered over 2 years ago.

    1. Diane L Drain
    2. Hamid Jabbar
    3. Alan D. Walton
    3 lawyer answers

    I agree with my colleagues. They have fairly substantial debt that could likely be eliminated in a bankruptcy and may enjoy a quieter existence when the creditor calls stop.

    1 lawyer agreed with this answer

  4. Garnishing wages on a lawsuit filed against me?

    Answered over 2 years ago.

    1. Hamid Jabbar
    2. Karl S Pearson
    2 lawyer answers

    If you do not respond to the lawsuit and defend, the plaintiffs can request that the Court enter a judgment by default against you. Once the plaintiffs have a judgment, then they can take all the actions of a judgment creditor. As you mentioned, this might include garnishing your wages to obtain payment of the judgment. The plaintiffs can also record a lien against property you own and garnish bank accounts. You should seek the advice of an attorney as soon as possible.

    1 lawyer agreed with this answer

  5. Settled second and they have issued 1099-c - will Homestead exemption count against taxes?

    Answered about 3 years ago.

    1. Hamid Jabbar
    2. Henry Daniel Lively
    3. Bruce Allan Wilson
    4. John Gerth Merna
    4 lawyer answers

    The 1099C and Homestead are not related. Whether or not you owe taxes based on the cancellation of debt is a question of whether you meet one of the IRC exemptions. There are several, including insolvency and a primary residence exemption. You need to consult with your tax professional for advice on how to file for the exemption.

    1 lawyer agreed with this answer

  6. Just rec'd a bankruptcy advertisement saying it can eliminate my home equity line of credit for $1k. Is this lawyer talking ch.7

    Answered about 3 years ago.

    1. Hamid Jabbar
    2. John Gerth Merna
    3. Todd Joseph Mannis
    4. Dorothy G Bunce
    4 lawyer answers

    Although you cannot lien strip in a Chapter 7, some lawyers are advertising in a way that makes it appear like they will eliminate the HELOC via Chapter 7. What they usually are doing is two things. They are putting you into a Chapter 7 to discharge your debts, including your personal liability on the HELOC. Then they are negotiating outside of Bankruptcy court with the HELOC for a lien release. This is essentially a type of debt settlement and would require a cash payment to the HELOC for...

    1 lawyer agreed with this answer

  7. A judgement was entered for a credit card debt.

    Answered about 3 years ago.

    1. Hamid Jabbar
    2. Joshua P Friedman
    3. John Gerth Merna
    3 lawyer answers

    When the creditor begins the garnishment process they will first serve a Writ of Garnishment on your employer along with some other required documents, including an Answer of Garnishee. You will receive a copy of the Write of Garnishment and the other paperwork right around the same time. At that point there is little, if anything, you can do to stop the garnishment from taking effect. In Arizona, however, creditors may only garnish the lesser of 25% of your non-exempt disposable earnings or...

    1 lawyer agreed with this answer

  8. How should we Hold Title to a new 2nd home/vacation home in the U.S.. We live in Canada and are Canadians. We winter in Arizona

    Answered about 3 years ago.

    1. Hamid Jabbar
    2. Patrick Camunez
    3. Eliz C A Johnson
    3 lawyer answers

    This is somewhat of a complicated question because there are several ways you can proceed. Instead of telling all the ways to proceed, I will tell you one common way not to proceed. Because you want your children to inherit your half interest in the house upon your death, you do not want to title the house as "Joint Tenants With Right of Survivorship." Titling it that way, which is common, means that upon death the surviving joint tenant takes over as the 100% owner. As an alternative, you...

    1 lawyer agreed with this answer

  9. Can I still serve Defendants with my adversary proceeding filed 2 days ago if my case was converted from Ch. 13 to Chapter 7?

    Answered about 3 years ago.

    1. Arash Shirdel
    2. Hamid Jabbar
    3. Pierre George Basmaji
    4. Marc Gregory Wagman
    4 lawyer answers

    Chapter 7 does not offer the same ability to adjust debts as Chapter 13. If your AP is one to strip a secondary/undersecured lien on your home, you cannot bring that type of claim under Chapter 7. You also cannot cram down secured debts in a Chapter 7. Without knowing all the facts it would be difficult to offer you a reliable answer.

    1 lawyer agreed with this answer

  10. Corporate credit card and line of credit debt owed from a dissolved corporation

    Answered about 3 years ago.

    1. Hamid Jabbar
    2. Mitchell Paul Goldstein
    3. Matthew G. Wadsworth
    3 lawyer answers

    In Arizona, assuming you are liable for these debts personally, the creditor would need to file a formal lawsuit before attempting to garnish or lien your property. You will generally know a lawsuit has been filed when you are served with a Summons and Complaint. From that point, you would have 20 days to respond before the creditor could ask the Court to begin the process of obtaining a judgment by default. When a judgment is entered, the creditor can then attempt to garnish your bank accounts...

    1 lawyer agreed with this answer