Paul Dennis Staley’s Answers

Paul Dennis Staley

San Diego Bankruptcy Attorney.

Contributor Level 9
  1. Family Law - - Can witnesses be called to a hearing or only a trial? Can evidence be filed for a hearing or only a trial?

    Answered over 1 year ago.

    1. Tobie Brina Waxman
    2. Hillary Johns
    3. Donald Frederick Conviser
    4. Paul Dennis Staley
    4 lawyer answers

    Non-party witnesses (i.e. people other than those who are the Petitioner or Respondent) MAY testify in HEARINGS. This is courtesy of recently amended California Family Code Section 217. However, in a circumstance like yours, the judge would be likely to entertain a request to consolidate all issues to be heard at trial in the interest of "judicial economy." Paul Staley practices family law in San Diego and can be located at: http://www.sandiegofamilylawyer.com

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered almost 4 years ago.

    1. Paul Dennis Staley
    2. Christopher Charles Barsness
    3. Mitchell Paul Goldstein
    3 lawyer answers

    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...

    Selected as best answer

  3. What can i do if my sons father is asking me to have sexual intercourse with him in order for me to see my son again?

    Answered over 1 year ago.

    1. Paul Dennis Staley
    2. Debra Vaniman Crawford
    3. Cameron Todd Norris
    3 lawyer answers

    The father is making a completely inappropriate and, yes, bizarre request. Document the demand if it has come to you via email, text message or social media, and preserve the documentation for possible use in family court proceedings. "Trouble" as in criminal? Unlikely. "Trouble" as in being perceived by the judge as behaving very inappropriately, yes. The Court, like you, has a duty to look after the best interests of the child above all else. If you've been unable to reach any agreement...

    1 lawyer agreed with this answer

  4. Past HOA dues after receiving chapter 7 discharge.

    Answered almost 4 years ago.

    1. Jeffrey David Curl
    2. Robert Harlan Stempler
    3. Paul Dennis Staley
    4. Alon Joseph Nager
    5. Harley Aaron Feinstein
    6. ···
    6 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered almost 4 years ago.

    1. Kara O'Donnell
    2. Paul Dennis Staley
    3. Theodore Lyons Araujo
    4. Mitchell Paul Goldstein
    4 lawyer answers

    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...

    Selected as best answer

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

    Answered almost 4 years ago.

    1. Fran Brochstein
    2. Paul Dennis Staley
    2 lawyer answers

    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...

    Selected as best answer

  7. I'm trying to gain custody of my girls. Their mom is in ICU for attempted suicide. How does this affect my case?

    Answered over 1 year ago.

    1. Dave Hawkins
    2. Kate M Forrest
    3. Scott Kemble Wilson
    4. Paul Dennis Staley
    4 lawyer answers

    I can only identify how such an event would be treated in California. You'll want to consult with not only an attorney licensed to practice law in the State of Washington, but also follow his / her direction in consulting with a mental health professional (psychologist licensed to practice in Washington) in determining how the mother's mental state factors into your request for a modification. If this were a local case here, I would characterize it as a high conflict case requiring immediate...

    2 lawyers agreed with this answer

  8. Spousal/Child support payments of bonus whilst awaiting hearing

    Answered over 1 year ago.

    1. Edmund Lee Montgomery
    2. Cathleen Elisabeth Norton
    3. Paul Dennis Staley
    3 lawyer answers

    It's okay to wait because the order itself hasn't yet changed, but you're going to want to plan for how much you will / might have to pay. Remember, your bonus isn't going to be divided as community property. This is a post-judgment proceeding (reading your question literally) so all the property / debt division work is done. A judge could take one of several different approaches to allocating the payment. The harshest is probably a one-time whopping payment, as if your income increased that...

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

    Answered almost 4 years ago.

    1. Kendall David Coffman
    2. Mitchell Paul Goldstein
    3. Paul Dennis Staley
    3 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Robert Lee Marshall
    2. Paul Dennis Staley
    3. Paul Samuel Geller
    4. Douglas Charles Michie
    5. Patricia Ann Hendrickson
    5 lawyer answers

    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....