Jeffrey M Moore’s Answers

Jeffrey M Moore

Campbell Chapter 7 Bankruptcy Attorney.

Contributor Level 9
  1. Can a security deposit and/or rent overcharge past due be discharged by a Master Tenant/Landlord in a Chapter 7 Bankruptcy?

    Answered over 2 years ago.

    1. Jeffrey M Moore
    2. Frank Wei-Hong Chen
    3. Steven Anderson Leahy
    3 lawyer answers

    This debt can be discharged in a bankruptcy unless the acts by the master tenant are determined to be fraudulent by the Bankruptcy Court. You can raise this argument by bringing a Complaint to Determine Dischargeability in the Bankruptcy Court. This is basically a lawsuit within the bankruptcy on the issue of whether the debtor committed fraud. In my opinion it is at least arguable that his actions were fraudulent. Unfortuantely this type of case would be fairly difficult to litigate...

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  2. Negative Equity House During Divorce

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Jeffrey M Moore
    3. David Alexander Browde
    3 lawyer answers

    Unfortunately the real estate market is in bad shape at the time you are getting a divorce; there is little you can do about that. You can execute a deed transferring the home to your husband, but you can't escape liability to the lender, unless the lender agrees to remove your name from the mortgage, or he can refinance in his name. I suggest discussing possibilities with a loan broker or real estate agent. Real estate professionals will usually talk things over with you for free in hopes...

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  3. Is it legal to place a camera in my bedroom to catch a burglar

    Answered over 2 years ago.

    1. Jeffrey M Moore
    2. Kevin Samuel Sullivan
    3. Frank Wei-Hong Chen
    3 lawyer answers

    If you are the tenant the simple answer is yes you can film your own room. You cannot take surreptitious pictures of guests in your room, this could lead to both civil and criminal action against you. If you are the landlord, you cannot install cameras in the rented premises.

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  4. Can I get a passport with a temporary custody order?

    Answered over 2 years ago.

    1. Jeffrey M Moore
    2. Michael John Harrington
    3. Carla Leslie Hartley
    3 lawyer answers

    A complete answer to your question probably requires an attorney to review your paperwork. For example if you are going through a divorce, then the Family Law Summons contains restraining orders on the reverse side that apply to both spouses -- including a restraint on removal of the children. If there are truly no restraints under state law on movement of the children, and you are granted a passport, you should be able to travel temporarily for a holiday visit in Mexico or Canada. If the...

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  5. Child Support- Law and Enforcement of Law

    Answered over 2 years ago.

    1. Jeffrey M Moore
    2. Christopher Scott Malloy
    3. Mary Katherine Brown
    3 lawyer answers

    In California only 50% of your gross income can be garnished. If you are not paying as ordered though, you will be incurring an arrearage which accrues interest at 10% per annum. You may be able to qualify for a hardship claim of exemption. You would need to complete the Claim of Exemption form and file it with the Sheriff that is garnishing your income. The Superior Court will then set a hearing and examine you regarding the issue of how much is to be garnished. Again this does not...

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  6. Can my ex-husband get cutody?

    Answered over 2 years ago.

    1. Jeffrey M Moore
    2. Wazhma Aziza Mojaddidi
    2 lawyer answers

    Firstly, it is not relevant to custody determination that unemployed Father is behind on child support. Where your twelve year old wants to live is just one factor the court considers to determine custody. If the reason she wants to move is insufficient discipline at Father's house, the court would see through her request as not in her best interest. You do not say why you took took the phone away, or for how long. What you did could have been reasonable discipline under the...

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  7. Disadvantages Joint Legal custody ?

    Answered over 2 years ago.

    1. Jeffrey M Moore
    2. Galen Gentry
    3. Richard H Wilson
    3 lawyer answers

    I agree with the last response that you have a multi-part question. I will try and answer another part for you. You mention that your ex-husband wants to pay support directly instead of by wage assignment, and ask if there are disadvantages to this. The obvious disadvantage for you is that you are not guaranteed payment. On the other hand if he does not make payments you should be able to start an earnings assignment in the future by filing a little paperwork at the Clerk's Office without...

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  8. Can decisions concerning Social Security benefits between divorcing couples be decided in california superior court?

    Answered over 2 years ago.

    1. Jeffrey M Moore
    2. Clifford Michael Farrell
    2 lawyer answers

    Social Security law is Federal, so a state court cannot recalculate and divide her benefit directly. Her benefit could be taken into account indirectly as an offset in other areas of the divorce such as spousal support calculation.

    3 lawyers agreed with this answer

  9. No longer Drink, is it possible to get more then visitation in child custody case?

    Answered over 2 years ago.

    1. Jeffrey M Moore
    2. John Noah Kitta
    2 lawyer answers

    Yes, it is possible to get more time with your kids. If you just joined AA, you may need to show a history of sobriety if this becomes an issue with the court. Keep up the good work, judges will give people a chance to show they have changed. Talk to your sponsor and group about your kids, this can be a strong motivating factor to help you get better. If you are just beginning the mediation process, you may be able to convince the children's mother that it is better for everyone if you...

    3 lawyers agreed with this answer

  10. Bought wife out of property

    Answered over 2 years ago.

    1. Jeffrey M Moore
    2. Frank Wei-Hong Chen
    3. Scott Charles Maccabe
    4. Rhonda Diane Ellifritz
    4 lawyer answers

    The answer depends on how much time has elapsed since the agreement, and how the agreement was structured (whether it was reduced to a stipulated judgment, a contract not filed with the court, or simply an oral agreement). If the matter was a stipulated judgment, it will be very difficult for her to set aside if more than six months has elapsed since it was entered by the court. If you had a written contract not filed with court, she could sue you in civil division to have the contract...

    3 lawyers agreed with this answer