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

    Answered 7 days 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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  3. 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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  4. 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 almost 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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  5. 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

  6. 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...

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  7. 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...

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  8. Bankruptcy filed in Calif. Dicharged August 13th. Received notice from atty/debt coll. of Adversary Proceding filed July 27th.

    Answered almost 2 years ago.

    1. Richard Gaines Heston
    2. Isileli Tupou Manaia Mataele
    3. Mitchell Reed Sussman
    3 lawyer answers

    Unfortunately, service of process by mail is permitted in the bankruptcy system, making it critically important to have on file a current address, as creditors can mail such adversary complaints to the address on file. But if the creditor's counsel has reached out to you to get your input, it is likely that he or she will not try to quickly take your default. For this Thursday, I would try to appear telephonically at the Status Conference. If this is a case being heard in the Santa Ana...

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  9. I am in Divorce Process. My case set for Trial-Long Cause Non-Jury? What does it mean Will get divorce on that day??

    Answered over 2 years ago.

    1. Richard Gaines Heston
    2. Annette L Goudy
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Divorces are always heard by judges, not juries. To aid in calendar management, when a trial date is set, the court will request that the parties or their attorneys provide an estimate of the time needed to try the case. Generally, if estimated at more than two hours, the case is deemed a long cause matter, whereas an estimate of less than two hours results in a short cause classification. Because a court can hear multiple short cause cases in one day, the shorter matters are given...

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    1 person marked this answer as helpful

  10. My friend started filing bankruptcy, Chapter 13, but had to go into the hospital. Is there a form for filing an extension?

    Answered about 1 year ago.

    1. Michael Avanesian
    2. David Patrick Farrell
    3. Kelly Marie Resnick
    4. Derek R. Caldwell
    5. Brad Francis Weil
    6. ···
    6 lawyer answers

    If the petition has been filed, nearing the fee paid and a case number assigned, there exists an automatic stay stopping the foreclosure. But the remaining documents must be filed within 14 days or the case will be dismissed without a hearing. An ex parte application to extend the 14-day deadline can be sought and would almost certainly be granted,but there is no standardized form, the application must be in writing and "informal requests" are not granted. Your friend should seek the assistance...

    2 lawyers agreed with this answer