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Barry W. Rorex's Answers
- 200 Legal Answers
- 2 Legal Guides
5
Attorney answers:
I want to File for Chapter 7 on around $14,000 of Credit Card debit.
I think you have answered your own question. There are many expenses, such as paying your attorney, rent, utilities, car payment, food, that can reduce your bank account balance on the day you file. Remember that the trustee will likely review multiple bank statements and will almost certainly question you about where the money has gone if he or she notices a large withdrawal just prior to filing.
6 lawyers agreed with this answer
3
Attorney answers:
If I file for bankruptcy will I lose my car that is all paid off
Although I agree with everything Mr. Cheong wrote, I have a slightly different view. If you can find a way to work yourself out of the situation you are now in, by all means that should be your primary option. If, however, the situation you are in is only going to get worse and you are going to be in the same place three or four years from now, bankruptcy should be one of your options. The longer you put off the inevitable day of reckoning, the larger the impact this will have on your life. Not...
11 people marked this answer as helpful
4
Attorney answers:
As a tenant in the state of Arizona, can the management of the property inforce how much traffic comes to see you?
As the previous answer states, you need to have your lease reviewed by an attorney. You may not think the lease covers the amount of traffic you may have but there may be clauses that are not obvious but could be invoked by the management company. An attorney should be able to quickly review the lease and give you an opinion.
3 lawyers agreed with this answer
3
Attorney answers:
Can I file to Motion to Disqualify Opposing Counsel for conflict of interest with defendant and dismissed third party Bank
You can file any motions you feel are appropriate, but it's unlikely to be granted. As the other answer mentioned, it's very common for the same lawyer or law firm to represent multiple defendants, especially when the defendants are related either through their roles in a particular situation (like appraiser, lender, and servicer all involved in the same mortgage). It doesn't necessarily mean that there's a conflict that affects you and your ability to move forward with the case. They may...
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3
Attorney answers:
Are the following statements considered sexual harassment?
There is not enough information to answer your question. Context is very important in determining what is or isn't sexual harassment and, more importantly, whether it is actionable. These words spoken in a work environment, could be viewed as sexual harassment. Although I realize people condemn lawyers for responding to questions with the same answer, the best answer is actually, it depends. Usually, whether something is sexual harassment depends on how it is viewed by the person being harassed....
2 lawyers agreed with this answer
1
Attorney answers:
Is there a way out of our house without foreclosure/short sale?
The only sure way to not have your credit affected is to pay your mortgage in full. Any other option will have some negative effect on your credit. That being said, you might want to consider which is worse in the long run, having a somewhat lower credit score or having a property that has to triple in value before you are back to where you bought it. Of the available options, foreclosure, bankruptcy, short-sale, walk-away, and deed-in-lieu, the deed in lieu of foreclosure is probably the...
4 people marked this answer as helpful
1
Attorney answers:
What are my rights if the landlord says that he is no loger going to pay the mortg.and allow the property to go into foreclosure
The landlord's obligation to pay the mortgage is governed by the terms of the agreement between the landlord and the lender. Your obligations to the landlord are determined by the terms of your lease. If and until the landlord loses the property in a foreclosure action, the payment or non-payment of the mortgage has virtually no effect on the terms of the lease (unless that particular issue is addressed i the lease). After the property is foreclosed, the lessee has rights determined by state...
3 people marked this answer as helpful
1
Attorney answers:
AZ first and second mortgage going into foreclosure on both Should we try to settle with second (owe $41,000 offer 1%
You have many potential issues and really need to speak with an attorney. The first issue you need to address is whether or not your property qualifies for Arizona's anti-deficiency statute. If so, you may have many more options and probably will not have to worry about the second. You also need to find out if you qualify for an exception to taxability on the cancelled debt obligation. I suggest that before you do anything you call an attorney in your area who is familiar with foreclosures...
3 people marked this answer as helpful
3
Attorney answers:
What are the criteria for determining "undue hardship" for bankrupting student loans? My husband and I have over $150,000
It seems you are looking for a guarantee of the results and, unfortunately, you are not going to get that from any reputable attorney. As you have correctly deduced, the standard is very subjective. Two judges could consider exactly the same set of circumstances and reach two different conclusions. Based only on the facts you have given, I agree that it seems likely that you are the type of debtor the code was designed to help in this situation. To give you a more concrete answer would require...
3 people marked this answer as helpful
3
Attorney answers:
Can I sue for non payment of caddy fee in Arizona ?
You say that the non-paying golfer resides in Scottsdale but don't say where you live. You also have not provided enough details to really obtain good advice. That being said, the best answer is that yes, you can sue the person but it may not be a practical thing to do. If you also live in the same area, you might look into small class court. In AZ, cases valued at less than $2500 can be brought in small claims court for a very modest cost. You can go to the justice court website in the AZ...
1 lawyer agreed with this answer