Richard Gaines Heston’s Answers

Richard Gaines Heston

Irvine Bankruptcy Attorney.

Contributor Level 8
  1. Family Law Notice Re: Related Cases?????

    Answered almost 3 years ago.

    1. Richard Gaines Heston
    2. Laura Chanel Rosauer
    3. Alan Gregory Ridenour
    3 lawyer answers

    The Related Case Statement is simply a tool to curb the abusive practice of "judge shopping". When a case is first filed, a judicial officer, either a commissioner or a judge, will be assigned. (A commissioner is hired by the court, rather than appointed by the governor, and can serve to perform all of the duties of a judge, but only on the consent of both parties to the case.) If the judicial officer is a commissioner, either party to the family law case can refuse to accept the commissioner...

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  2. How can I divorce my husband if we both live in different states?

    Answered 4 months ago.

    1. Michael John Harrington
    2. Edna Carroll Straus
    3. Harris Justin Brumer
    4. Richard Gaines Heston
    5. Lilian Demonteverde-Hoats
    6. ···
    7 lawyer answers

    The "marriage" is deemed to be within the jurisdiction of the state in which you reside, meaning that if you have already resided in California for the minimum of six months, a California court has jurisdiction to terminate your marriage. When the whereabouts of your husband are unknown, service of process by publication in a local newspaper is an available option. No hearing is required to obtain the order allowing publication, and the service of the summons and petition is deemed completed...

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  3. My divorce will be final in March of 2014 in CA. In the original Marital Settlement Agreement we called out to alternate

    Answered 2 months ago.

    1. Richard Gaines Heston
    2. Robin Marie Estes
    3. Svapna Alan Trivedi
    3 lawyer answers

    While a written stipulation between you and your former spouse to modify the agreement to permit you to each claim one child as an exemption each year is highly advisable, a court order is not necessarily required. Instead, you may wish to download from the Internet IRS Form 8332, entitled "Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent", with each of you executing one such form with regard to one of your two children, so you may each claim one child. Except...

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  4. What I can do for my endless chapter 7 bankruptcy case?

    Answered 6 months ago.

    1. Derek R. Caldwell
    2. Richard D. Granvold
    3. Gabriel John Waddell
    4. Dorothy G Bunce
    5. Richard Gaines Heston
    6. ···
    7 lawyer answers

    The information you have provided is not sufficiently detailed to provide much in terms of specifics, but you need to get better information than you are getting, and need it NOW. If assets that make up the bankruptcy estate that was created in October 2012 are increasing in value, such as your home, the appreciation inures to the benefit of the estate. See In re Hyman, 967 F.2d 1316 (9th Cir. 1988). You can claim a homestead, ranging from $75,000 for a single person, $100,000 for a debtor...

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  5. Just filed for Chapter 7 two weeks ago, how long before it is discharged?

    Answered almost 2 years ago.

    1. William James Waters
    2. Dorothy G Bunce
    3. Richard Gaines Heston
    4. Michael Avanesian
    5. Brad Francis Weil
    6. ···
    6 lawyer answers

    The meeting of creditors, also called the 341(a) examination, cannot be scheduled any sooner than 20 days nor any later than 40 days after your case is filed. Most such meetings are scheduled between 35 and 40 days after the case is filed. Certain deadlines are scheduled based upon the date of the exam, the last of which expire 60 days after the exam, or roughly 95 to 100 days after the case is filed. At that point, the case is scheduled to be closed, and provided that you have obtained and...

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  6. How do you calculate value of a home in bankruptcy? Do they include what you have to pay the realtors?

    Answered about 1 month ago.

    1. Gabriel John Waddell
    2. Lauren Ann Rode
    3. Rex Tran
    4. Stuart Gregory Steingraber
    5. Timothy George McFarlin
    6. ···
    7 lawyer answers

    The starting point will always be fair market value (FMV), which can be the debtor's own opinion (see California Evidence Code § 813(a)(2), which makes the opinion of the owner of property admissible as evidence), an on-line valuation service of such as Zillow, Redfin, etc., a broker's opinion letter, or a formal appraisal. The FMV should always be disclosed, but when stating the value to the bankruptcy estate, it is entirely appropriate to reflect any costs of liquidation, including broker's...

    4 lawyers agreed with this answer

  7. Is my worker's compensation benefit protected in chapter 7?

    Answered about 2 months ago.

    1. Peter Maurice Lively
    2. David Eli Larson
    3. Stuart Gregory Steingraber
    4. Robert Parkinson Taylor
    5. Richard Gaines Heston
    6. ···
    6 lawyer answers

    Payable workers' compensation benefits may be claimed as exempt without dollar limitation under CCP § 703.140(b)(10)(C) or CCP § 704.160. There is no "reasonable necessity" requirement. However, if funds which have been placed in an annuity account are derived from exempt workers' compensation benefits, they may be claimed as exempt if you file a Chapter 7 bankruptcy, but only to the extent those funds can be traced to deposit accounts or they are in the form of cash or its equivalent, e.g.,...

    4 lawyers agreed with this answer

  8. I left my husband and Its been over a year and I want to file a divorce but I dont know where he is, how do I file?

    Answered over 2 years ago.

    1. Richard Gaines Heston
    2. Rhonda Diane Ellifritz
    3. Robert Ricci
    4. Virginia Giselle Alvarez
    4 lawyer answers

    I am sorry to hear of what you have had to suffer through. The prior advice regarding Laura's House should be considered for support and assistance. Priority one should remain safeguarding your well-being, but you need not fear that seeking the divorce will necessarily compromise that. You can file the Petition for Dissolution either through counsel, in which case only her/his business address will appear, or in pro per (representing yourself) and give only a P.O. Box. If your husband's...

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  9. Do I have recourse against a title co. or Realtor that closed a house sale despite my lien of an Assignment Order?

    Answered 3 months ago.

    1. Richard Gaines Heston
    2. Richard Scott Lysle
    3. James Charles Shields
    3 lawyer answers

    Pardon my confusion by the nomenclature used, but it sounds as if you may have taken an assignment of a cause of action, and when the judgment debtor paid the resulting judgment, he did not pay you and instead paid the judgment creditor, notwithstanding your lien. Or, you took an assignment from a judgment creditor of a judgment, upon which an abstract was issued and was recorded in the Office of the County Recorder, creating a judgment lien on any real property owned by the judgment debtor,...

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  10. I just filed chapter 13, and included my car, can the lien holder hold my car until I show proof of insurance ?

    Answered about 2 months ago.

    1. Gabriel John Waddell
    2. David John Rausa
    3. David Patrick Farrell
    4. Arash Shirdel
    5. Peter Maurice Lively
    6. ···
    8 lawyer answers

    The information you provided is somewhat unclear, but it appears that the lender was holding the car at the time you filed Chapter 13 based upon the lender's right to take possession of the collateral securing its loan due to your failure to ensure the collateral. The automatic stay bars enforcement of claims against you or property of the estate. Section 101(5) of the Bankruptcy Code defines a claim as being either a right to a payment or a right to a remedy for breach of performance if...

    3 lawyers agreed with this answer

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