Paul Dennis Staley's Answers

Going to be filing a Chapter 7 BK. Can I include a Unlawfull Detainer that may be soon?

Your best strategy is probably to wait until the last possible moment to file your bankruptcy. You see, bankruptcy only discharges (gets rid of) "pre-petition" debts. If the unlawful detainer comes AFTER your filing, it's going to be a POST-PETITION obligation, and it will mar your credit report for years to come. Your timeline should look something like this: first, get professional advice as to whether you qualify for bankruptcy, and which chapter. Second, put together your attorney's...

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Past HOA dues after receiving chapter 7 discharge.

Bankruptcy didn't really resolve this problem, but that doesn't mean you're in as much hot water as you now feel. I disagree with at least one of the answers offered so far. The HOA dues are obligations which have arisen AFTER the Petition was filed. In my opinion, they are not, and could not have been discharged in the bankruptcy. HOA's and property taxes accruing post-petition are becoming a more common problem these days, since lenders are not nearly as prompt as they used to be in...

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Ch 7 bankruptcy (10+ yrs ago) Now creditor say I have to pay what was discharged. (more to this story!)

I think you're absolutely right to be angry, but your remedy might be more expensive than repaying the debt. However, I suspect their insistence on of discharged debt constitutes a violation of the discharge. Consult with a consumer bankruptcy attorney in your area to find out if you may be able to not only get them to back down from this position, but also pay sanction for a violation of the discharge. It's worth a conversation. A completely separate issue is that of the title. I don't...

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Can a non- biological father get custody of a child, Hes on birth certificate & child has his last name?

This is a very state-specific question, so I'm just going to spill how it would happen in California. Keep in mind, you are absolutely going to have to get legal advice from a Texas attorney, since that's where you and the child are, and where the litigation, if any, is going to happen. Paternity carries with it a duty of support, and a right to appropriate custody and visitation orders. Here, the whole legal issue of whether the husband can claim paternity depends on whether he takes...

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Foreclosure auction...what does back to beneficiary mean with a sold amount eventhough there is a Chapter 7 BK filed prior?

Timing is everything. If a foreclosure sale is at, say, 10:00 a.m. and the Chapter 7 was filed at 10:05, the homeowner is typically out of luck. If this is your first bankruptcy and it was filed before the sale, even if the lender's trustee hadn't known about the bankruptcy, the sale is voidable. It's doubtful that the lender's trustee is up for a stare-down with your attorney, or een with the Chapter 7 trustee assigned to your case. So, it's likely that a phone call from you, or if...

When in a heated argument my husband sometimes throws things at me (baby bottle, cups, etc.) & corners me like he's going to hit

This is a very serious circumstance. Thankfully, it sounds like so far, there hasn't been any violent "contact" between the two of you. These close calls are threatening enough. First I'll talk about action steps you can take. The first obvious one is to move out. I know, you can't afford it. Or at least you've said you can't afford to move home. Unfortunately, both you and your children are paying a price which cannot be measured in dollars and cents by your tolerating this abuse....

I have filed and discharged a chapter 7 in February of 2009

Your issue was the topic of discussion at the recent national convention of the NATIONAL ASSOCIATION OF CONSUMER BANKRUPTCY ATTORNEYS (NACBA.) So far, only ONE case nationwide was known to have permitted the lien stripping, correctly described by attorney Fink, in a Chapter 7 bankruptcy. "Lien stripping" is a remedy available exclusively in Ch. 13 cases, with that one case the lone exception, which was apparently allowed by the trial court, but not appealed. As a result, there is no appeals...

My husband abandoned me two years ago. i have filed for divorce and was denied. am i still married?

I think I know, from your description, why your Petition has so far been denied. Hopefully the case has not been dismissed. You see, the granting of your divorce has very little to do with the fact that it has been FILED. While filing is a prerequisite for anything else to happen in the case, I suspect the problem here is that he has not been SERVED with the papers. You mention he has been deported. Unless he was "served" before he was deported, he probably has not been served at all. "...

Joint legal costudy

This looks very much like another question posted. Find definitions here: http://www.sandiegofamilylawyer.com/child_custody.html If you are scheduled to have mediation, you must have put PHYSICAL custody (or at least visitation) at issue. Mediation is very high stakes in San Diego county, since this is a "recommending" county, i.e. if you and the mom don't reach an agreement, the mediator will "recommend" to the judge what the visitation should be. It sounds like you have a high conflict...

Joint legal costudy

I'm wondering if you mean joint legal and physical custody? While it is possible the attorney gave her this advice, it is just as likely that she heard what she wanted to hear, and / or she just wants to blame someone else for her bad behavior. You should continue to attempt contact with the CHILD. I recommend having a cell phone for the child (best if it's on your dime, that way she can't complain about the cost.) If she is withholding visitation, and if you have no visitation ORDERS,...