Richard Gaines Heston’s Answers

Richard Gaines Heston

Irvine Bankruptcy Attorney.

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

    Answered over 2 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 6 days 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. What I can do for my endless chapter 7 bankruptcy case?

    Answered 3 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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  4. Just filed for Chapter 7 two weeks ago, how long before it is discharged?

    Answered over 1 year 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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  5. 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 about 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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  6. I divorced my wife in CA about 14 years ago.

    Answered 6 days ago.

    1. Richard Forrest Gould-Saltman
    2. Richard Gaines Heston
    3. Ruth Elaine McMahon
    4. Gregory Paul Benton
    5. Amy Marie Von Esch
    5 lawyer answers

    Unless your former wife's pension with the federal government was fully disclosed and you entered into a waiver of any interest therein, it may very well be an asset that can be divided as an "omitted asset". This would require the filing of a Request For Order (RFO) to divide the community interest in the pension, something that would be normally then be effected using a Domestic Relations Order (DRO). Orders for the division of pensions sponsored by nongovernmental entities are sometimes...

    3 lawyers agreed with this answer

  7. What is the statute of limitations on a SBA loan from 2008 in California? And can the SBA garnish my wages now in August 2014

    Answered 19 days ago.

    1. Dana Leigh Ozols
    2. Richard Gaines Heston
    3. Matthew Scott Berkus
    3 lawyer answers

    Under Title 28 of the United States Code, section 2415(a), the applicable statute of limitations for enforcement by the United States government of a claim arising from a breach of a written contract is six years. Because you entered into a loan with a private lender under the terms of the SBA program, when the breach occurred, the lender had the right to assign its rights to the SBA under the terms of the loan guarantee. While under California Code of Civil Procedure § 337, the applicable...

    3 lawyers agreed with this answer

  8. Chapter 7. can money received from discrimination claim be considered income for chapter 7 means test?

    Answered over 2 years ago.

    1. Shannon E Wynn
    2. Richard Gaines Heston
    3. Joseph Wrobel
    3 lawyer answers

    Given its importance in the Means Test, one would expect a clear definition of "income" to be provided in the Bankruptcy Code. It is not. Section 101(10A) defines "current monthly income", but not so much by what is income, as by what is not income, which is limited to benefits paid under the Social Security Act and payments to victims of war crimes and domestic and international terrorism. As a result, the issue must be grappled with on a case-by-case basis. You did not state what types of...

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  9. Bankruptcy Adversary Question

    Answered over 2 years ago.

    1. Sharon Leslee Crommett
    2. Walter C Oney Jr
    3. Steven Po Chang
    4. Richard Gaines Heston
    4 lawyer answers

    As they say, "A nod is as good as a wink to a blind horse". You won, and that is the bottom line. Without knowing more about the reasoning of the appellate decision, it appears that the appellate court was pointing out that the plaintiff never had it right, even from the get-go. Perhaps unnecessary to the decision, a footnote such as this, sort of a "zinger" to plaintiff and his/her counsel, may be the appellate court's way of suggesting that a further discretionary appeal to the Ninth Circuit...

    3 lawyers agreed with this answer

  10. Can you file bankruptcy with home for sale

    Answered over 2 years ago.

    1. Dorothy G Bunce
    2. Sarah Beth Tuerk
    3. Alan D. Walton
    4. Richard Gaines Heston
    4 lawyer answers

    Lacking any net realizable equity were it to be sold, if you file a Chapter 7 bankruptcy the appointed Trustee would simply abandon the rental property and ownership would re-vest in you upon closing of the case, a period of 4-6 months on average. In a Chapter 13, where you remain the debtor in possession, the absence of any equity would mean that you would not need to factor in the property in the analysis of whether your Chapter 13 plan would meet the best-interest-of-creditors test. But, if...

    3 lawyers agreed with this answer

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