Question concerning removing a review based on a stay violation: In January a former client posted two negative reviews under different names. These reviews were posted in violation of the automatic stay in a bankruptcy proceeding and designed to coerce settlement. Since it is a violation of a federal court stay, they must be removed. Also these are the only two negative reviews in 44 years of practice and completely unjustified. Postings are under Michael R. Totaro, Pacific Palisades, CA 90272
Dorothy’s answer: And what, sir, is your question? You have posted a number of conclusions of the facts and the law. But you haven't posted a question. However, your conclusion that the bankruptcy stay requires removal of a review is unfounded. The bankruptcy court can award monetary damages for a stay violation, but it doesn't have the jurisdiction to delete free speech. Hope this perspective helps!
If my bankruptcy was discharged prior to being in class action law suit can they take my settlement?: I was part of the Zantac/Ranitadine lawsuit after I filed bankruptcy and was discharged. Will this have any bearning on my settlement?
Dorothy’s answer: Did you disclose and exempt this lawsuit on your bankruptcy schedules? If not, most bankruptcy trustees will seize any proceeds from a class action lawsuit if the injury occurred before the bankruptcy was filed. 100% and in a heartbeat! Hope this perspective helps!
Why wont the finance company help me out and take away the vehicle or remove the lien so that I can: I let an ex gf use my van as collateral for a loan they took out from a finance company and she never paid off her loan and since has been sued but still hasnt paid and the liens still on my title but the finance company refuses to take the lien off even though theyve sued my ex gf and the vans about ready for the junkyard is there any way to get the lien off my van so I can legally sell or junk it instead of being stuck with it and I told the finance company to come get it so its no longer my problem and they never came to take it nor do I think theyre going to dont I have any leg to stand on so im not stuck in this situation and can I junk it with the lien on it still and keep the money being the ex gf has already been sued and the finance company wont come take the van from me?
Dorothy’s answer: If you read the loan agreement, it talks about your responsibilities to the finance company. It likely doesn't say anything about the finance company having any responsibilities to you. So you can't "make" the finance company release the lien or take possession of the vehicle. They might do this if you give them an incentive. Hope this perspective helps!