My mother filed a simple Chapter 7 case w/o assets, but was unable to make it to the creditor meeting - which the trustee subsequently filed a motion to dismiss that was granted. On the first case, she opened a payment plan with the clerk on the f...
I agree with the other attorneys. You should be able to file a motion to vacate the dismissal, and then to begin making payments again during the interim.See question
When I became my father's plenary guardian in Florida in late 2009 I knew nothing about guardianship responsibilities and I wasn't exactly sure what a 'trust' even was. My father had a trust which owned all his assets, but my guardianship attorne...
As a lawyer, you can always sue somebody. The question is whether you can win. In this case you might have a claim against the attorney for malpractice. The issue will be one of proof and whether you can provide evidence that the attorney actually told you to and/or helped you do this without advising you of the outcome.
You might try visiting a local malpractice attorney to go over the case.See question
Where would an adult special needs trust document be filed?
I agree with the other attorneys. If you need special approval for a special needs trust then you need to pen up a case and obtain the necessary orders to do so. Absent this, Washington State and Kind County no longer have a filing service for wills. That ended after 2008 unfortunately.See question
If a second mortgage has NOT been satisfied. Will the kids of the deceased parents be able to sell the house?
Generally children of an estate are not liable unless they have breached a fiduciary duty as an executor or administrator and made distributions prior to the correct notifications and time-allotment for creditors.See question
My sister Catherine Goodmiller died in 9/16/1690 in NJ. I can't get a copy of her death certificate because I don't know the county where she died. There are no relatives alive to ask. I e-mailed vital records in NJ but was told they can't help...
You can copies of a death certificate. Look up the local number and contact the county or state vital records office in county where the death occurred. They will tell you exactly what you need to doSee question
Which is best?: 1) "Petition to Remove and/or Sanction Executor" 2) "Petition to Remove and Sanction Executor" 3) "Petition to Remove or Sanction Executor" if my goal is to have the executor either removed and sanctioned or only sanctioned, bu...
If you want and/or, then you can include and/or. In my experience, superlative adjectives are the kind of language you want to avoid.See question
I am 73years old and live on $888.00 a month social security.
As the other attorneys have correctly mentioned; you may qualify for student loan forgiveness or might be able to negotiate a settlement.See question
Divorce decree says both will cooperate in ongoing chpt 13, chapter 13 attorney dismisses one spouse from the case. remaining party gets stuck with entire bill. Can the bankruptcy court override an order handed down in a divorce?
I agree with the other lawyers on this matter. Bankruptcy has authority over divorce decrees, private agreements, contracts, and most other outside influences. However, jurisdiction is narrow to the bankruptcy and the assets within the bankruptcy estate.
However, there are some other things to think about. In a chapter 13, all of your disposable income is applied to the plan. Therefore, even if the spouse is dismissed, the same amount of monthly payments are made. The only difference is that the schedules need to be amended to no longer contain the leaving spouse's total income which should reduce payments absent the departing spouse not working - which would mean there is no change regardless.
If the asset is a home or some other item with a lien, then after taking a look at the case it MIGHT be possible to file a non-voluntary case for the departing spouse.See question
We received a 90 day notice that we were going to be sued for $7100 in debt in small claims court for money we owe a shop. The owner of the shop gave us an estimate of 7000 to fix our car we told him we couldn't afford it. He told us we could ma...
Chances are they will obtain a judgment which will then allow them to place a garnishment on your paycheck. If you can establish that you are within the original agreement with the owner and havent defaulted, you have a chance but proving this may be problematic or costly to respond.
If things are really really tight a bankruptcy may help in this situation, depending on your other debt situation. Otherwise a quick negotiation is likely the only other legitimate option out there.See question
The company has done everything from harassing calls, to threatening me, to giving me all sorts of unnecessary fines. I'd like to pay off what I owe to get rid of them for good. But I'm afraid that they will come back after me. When I called for t...
First thing you should look into is filing for bankruptcy. A filing will stop the collection actions immediately and if you make enough regular income, could potentially save your home through a Chapter 13 by paying off the arrears over time. However this would take a consultation with a local attorney to see if a Chapter 13 plan is viable - as there are a lot of specifics that need to be navigated.
Then... you should visit a consumer protection attorney and review what you believe to be illegal lending practices. What is and is not allowed will be known by a consumer protection attorney.See question