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Can a stipulation of settlement be set aside because it failed to address claims and counterclaims raised by one of the parties?
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Answered on January 14, 2016
The answer depends whether all parties were on notice and had an opportunity to be heard. Also, the court will typically want to know that by...
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If I file bankruptcy will the garnishment from my taxes I owe will they stop?
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Answered on January 14, 2016
Your income garnishment will stop temporary because of the effect of the automatic bankruptcy stay under section 362 of the Bankruptcy Code. Before...
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What happens if I don't appear to mediation in civil court for a harrasment case?
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Answered on January 12, 2016
You are the complainant and must appear at the CDRC or the case could be dismissed. Based on the court's referral order, your harassment complaint...
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My lawyer can't make it to my deposition ...
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Answered on January 12, 2016
This sort of thing does occur from time to time especially when there is a court order to be complied with. Emergencies happen. Speak with your...
What happens if I'm too sick to go to a deposition?
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Answered on January 12, 2016
If you are sick the deposition can generally be rescheduled. But you will need to proceed and testify unless the court orders otherwise. Speak to...
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If you file bankruptcy is it final? Other than your credit being ruined, it doesnt come back to haunt you later on?
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Answered on January 12, 2016
Some people seek creditor relief through bankruptcy as a last resort. Assuming you are considering chapter 7 liquidation, most pre-petition debts...
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Under bankruptcy law, does money deposited in a City Court under CPLR 5519 belong to the bankruptcy estate?
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Answered on January 11, 2016
The answer is that it depends. What is the source of the funds? When were they deposited? What are the prospects and timing of the appeal? A...
Would a motion to re-argue or for reconsideration go back to old judge or to new judge?
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Answered on January 11, 2016
Generally motions to reconsider or re-argue go to judge originally deciding the matter. Appeals go to new court and panel. Suggest you meet with...
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Trustee extended 3 months after the meeting 341
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Answered on January 11, 2016
It appears that it is now between you and the trustee who continues to investigate the property and affairs of the debtor, and has extended the...
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What steps should be taken to pursue funds garnished from my paycheck during the automatic stay of my chapter 7 bankruptcy
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Answered on January 11, 2016
I would notice the creditor by certified mail RRR. Include a copy of the court's certificate of filing or section 341 notice and request that any...
