Manuel Alzamora Juarez's Answers

What is a "declaration of proposed testimony" in a divorce trial?

A Declaration of Proposed Testimony is a statement of what you or a potential witness will testify in open Court. It should state only facts of which you or a percipient witness ihas knowledge of and should, if applicable, be backed by exhibits to support the facts, i.e. police reports, checkbooks, bank statements, canceled checks, pension reports or any document which you need to support your declaration. You must providse this Declaration to opposite counsel and a copy to the judge.

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How can I represent myself in an adversarial proceeding in a BK case?

I agree with the NY Counsel. $50k sounds like a lot of money to pay for a two week trial. In the first place, even if you lose, there is no money to pay any creditor which is the basis of your Chapter 7. All the litigious creditor may be able to get is a judgment which will become active for a period of 10 years. There is no jail because the proceeding is not criminal and is not based on fraud. My advice is buy yourself a 32 dollar Nolo Press bankruptcy book and fight the case yourself...

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Do iI have to go to the Case management conference?

The short answer is what you already got from the court's personnel. Yuu have to attend unless you hire an attorney to file the CMC form and attend for you. If you do not hire an attorney, then you have to appear by telephone. Make arrangements to appear by telephone with . The $85 dollar fee is refunded if you do not have to appear (but you have to call it a few hours before the appearance for a full refund). The company will provide you with the complete rules for reimbursement. You may...

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I applied for a corp credit card with my personal info, i cant pay bill and they are threatening judgment on co, can they do th

The first issue is whether your company is a duly established legal entity such as a corporation, Sub-Chapter S Corporation or an LLC. If yes, the second issue is whether you applied as an individual or as a company executive? If you applied as an individual, you may have at some point provided some information tying the credit card to the corporation, such as applying for a company credit card. If that is true, then, the creditor can make an argument that the debt is a company debt...

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How to handle claim from other car owner

First, I would look into suing your insurance agent for failure to insure your wife, unless yopu told him not to do so. Second, I would call the people that your wife hit and negotiat to pay for their damages. That would give them an indiciation you have no money and might not want to sue you. Third, if they go to their own insuraqnce and their insuirance pays for the damages, most likely you will get sued. Fourth, if you get sued, do not run. Hire an attorney and negotiate with the...

What to do when the insurance of the driver at fault won't pay you?

I am with you on this one. It seems as if the insurance company just wants to delay the process and frustrate you. Unfortunately, in my experience it will continue doing so until you file a lawsuit. Calling or writing a letter will not do. Once you file against the defendant, take a look at your own father's insurance and see if he is covered for the damages to his car. Also, look for the uninsured underinsured rider on your policy; and, finally see if you have med pay, so your father can...

Received a summons for a credit card debt in Los Angeles County.Can I file an extension? How can I work this out with Plaintiff?

You can always ask or file for an extension using all the answers provided by previous counsel. However, more information is needed from you to determine why you want the extension. If your primary reason is to get some time to negotiate, depending on the amount owed, you may do better if you hire an attorney to help you. Otherwise, you can always negotiate with the creditor by yourself. The creditors are always looking for an opportunity to settle the case. Settlements depend on your...

A lawsuit was filed against me for a credit card debt that I'm almost certain is past the statute of limitations.

The best way to fight this case, as long as the complaint is not a verified complaint, is by answering with a general denial to all the causes of action and raise your affirmative defenses. The Statute of Limitations is a good defense. With your answer you should serve them with a request for a bill of particulars, i.e. the information regarding the alleged debt and record of payments made by you. Best of luck.

My mom is my cosigner if I walk away on my property would she be affected? and what happens to her existing home she lives in

If your mother can pay the defficiency and pay her own mortgage there is no problem. Or if she can pay her own mortgage, she should continue to do so. If she gets sued later for the eventual defficiency, then she can explore a bankruptcy. It all depends on her income and her ability to pay.

Now that I am past due on answering my summons, does the current court record allow me time to answer it AND get a lawyer?

Get a lawyer right away or file BK.