Gerard William O'Brien’s Answers

Gerard William O'Brien

Brea Trusts Attorney.

Contributor Level 15
  1. How long does a CH. 7 and CH. 13 bankruptcy stay on your credit report? Does it matter what state you file the BK?

    Answered about 1 month ago.

    1. Shaye Larkin
    2. Gerard William O'Brien
    3. Stuart Gregory Steingraber
    4. Sandra A Kuhn Esq.
    5. Dorothy G Bunce
    6. ···
    9 lawyer answers

    You have to file in the state that you lived in for the past 180 days. The credit reporting firms can and do list your BK for 10 years. It used to be seven.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Questions about a revocable living trust (My Fathers)

    Answered 28 days ago.

    1. Gerard William O'Brien
    2. Brett Thomson Bradford
    3. Stephanie Sauer Woods
    4. Ivette M Santaella
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    Hire a lawyer and ask him to sue your sister for financial elder abuse, breach of fiduciary duty. Ask the lawyer to seek a surcharge against your sister. You need a lawyer. Good Luck.

    Selected as best answer

  3. If two parents and their child ( single)will buy their house each paid 1/3 their fund and what's the best title and no tax ?

    Answered 15 days ago.

    1. Gerard William O'Brien
    2. Ivette M Santaella
    3. Michael Leo Potter
    4. James Charles Shields
    4 lawyer answers

    Do it as tenants in common, and do an agreement regarding distribution on sale of the property because, until tne loan is paid in full that is the daughter's responsibility to pay off. Putting the property of M & D in a revocable trust, with the trust as beneficiary would also be a good idea, so there is no need for probate on the death of the first spouse. See a good estate planning attorney, don't just go out and buy a trust.

    Selected as best answer

  4. Suing owner for wage theft that is declaring bankruptcy. How do I access case info to determine how likely I am to collect?

    Answered 12 days ago.

    1. Alan Ray Barnes
    2. Eric D Ridley
    3. Gerard William O'Brien
    4. Matthew Scott Berkus
    5. Shelley Ann Elder
    5 lawyer answers

    No there is not. The US trustee oversees everything in Bankruptcy but cannot really help an individual unless you can help them with information that will develop assets for liquidation. No harm in calling them. You could go to the office of an attorney and tell them what you are looking for most bankruptcy attorneys could pull the file. To answer your wage claim question you will probably be sent a notice by the court to file a proof of claim. If this is a chapter 7 don't file a proof of...

    7 lawyers agreed with this answer

  5. Even if the trust doesn't say anything about it, can a trustee withhold distribution from a beneficiary for future legal fees ?

    Answered 12 days ago.

    1. Gerard William O'Brien
    2. Patricia Ambrose Mayer
    3. Shelley Ann Elder
    3 lawyer answers

    The trustee can withhold money for legal fees, but not to coerse you into doing something. It appears that your trustee may be violating his fiduciary duties to you as a beneficiary. Seek the advice of counsel on how to have him removed as trustee.

    7 lawyers agreed with this answer

  6. Can I file for bankruptcy without including my husband? Also I have two cars and a trailer at the beach will I lose all these

    Answered about 1 month ago.

    1. Brent Francis Vullings
    2. Sandra A Kuhn Esq.
    3. Jeremy S. Davidson
    4. Gerard William O'Brien
    5. Lawrence W. Lobb
    6. ···
    7 lawyer answers

    Yes you can file without your spouse, and your spouse will get the benefit of your discharge to the extent that the debts were "community claims." As to the cars and Trailer that depends on their value and whether you may claim an exemption for these assets. You will need to speak with a competent consumer bankruptcy attorney, as Bankruptcy court proceedings can be complex, and your trustee should youi file has the job of liquidating your non-exempt assets for the benefit of all yur creditors.

    8 lawyers agreed with this answer

  7. Bankruptcy-chpt 7 or chpt 13

    Answered 6 days ago.

    1. Gabriel John Waddell
    2. Gerard William O'Brien
    3. Dane L Hines
    4. Eric D Ridley
    5. Richard D. Granvold
    6. ···
    8 lawyer answers

    If you have a family at your income Chapter 7 is the way to go, See an Attorney or go to some of the self help classes that are offered by the bankruptcy court. Good Luck

    6 lawyers agreed with this answer

  8. How to structure the purchase of a parcel of land from a seller in bankruptcy?

    Answered 22 days ago.

    1. Gerard William O'Brien
    2. David Alexander Yomtov
    3. Stuart Gregory Steingraber
    4. Dorothy G Bunce
    5. Sandra A Kuhn Esq.
    5 lawyer answers

    YOU NEED AN ATTORNEY. Is the 11 still proceeding? If it is you need to handle the United States Trustee, The Court and other creditors. If the 11 is no longer proceeding was it converted to a Chapter 7 or dismissed. Unfortunately in this case there are many fairly obvious as well as subtle issues which you could rip over. With out counsel, I do not beliee you will achieve your goal of land ownership.

    6 lawyers agreed with this answer

  9. Is it legal to include alcohol in my personal shopping business?

    Answered about 1 month ago.

    1. Gerard William O'Brien
    2. Kevin Arnold Spainhour
    3. Christopher L Mass
    4. Edwin Neal Schwartz
    4 lawyer answers

    If all you are doing is going into a store and purchasing up a sealed bottle of an alcoholic beverage and delivering it to a customer who is 21 years old or older, there should be no problem. The real rub as I see it is, now you are going to have to make certain that everyone who receives a bottle of alcohol is legally eligble to do so. I am also assumimg that you are not charging a markup merely a delivery charge. From a business standpoint I might hold back on including alcohol in the...

    6 lawyers agreed with this answer

  10. I received a letter from IRS today says I didn't pay my taxes?I did pay it online and I have the receipt and my bank statement

    Answered about 2 months ago.

    1. Robert J. Hoffman
    2. Joshua Robert Miller Driskell
    3. Gerard William O'Brien
    4. David Warren Klasing
    4 lawyer answers

    Contact the Taxpayer Advocate at the IRS. They should be able to help you correct this matter. If they cannot, an Enrolled Agent or Taxpreparer may be able to help you. If all eles fails, contact your congressman and if that doesn't work, you will need to hire a Tax attorney; however, with the proof you have it should be done at the first level.

    6 lawyers agreed with this answer

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