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 about 1 month 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 4 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. My divorce will be final in March of 2014 in CA. In the original Marital Settlement Agreement we called out to alternate

    Answered 8 days 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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  7. Do I have recourse against a title co. or Realtor that closed a house sale despite my lien of an Assignment Order?

    Answered about 1 month 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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  8. I divorced my wife in CA about 14 years ago.

    Answered about 1 month 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...

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  9. 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 about 2 months 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

  10. 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...

    3 lawyers agreed with this answer

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