Archived
Can you sue someone if they file an insurance claim that includes your items,they decide not to give you any of the claim money?
Theodore's answer
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Answered on November 30, 2010
When deciding if you should sue someone there are two essential requirements. First, did the person who you think violated your rights have a duty...
Can you give me a statistics chart of win to loss ratio for private attorney versus public defenders?
Theodore's answer
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Answered on November 30, 2010
As an economist I seriously doubt there is any such comparison available. You may find a public defender keeps records of in house triaals, but...
Archived
Investment house is in foreclosure and hazard insurance cancelled because it is vacant.
Theodore's answer
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Answered on November 30, 2010
Contact your bankruptcy attorney. You are still on the Deed of the house so remain liable for the property but you are not liable for the note and...
Archived
My mortgage holder refuses to meet with me so I can prove I have not missed payments. What can I do?
Theodore's answer
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Answered on November 30, 2010
You must answer the foreclosure. The judge will hear your case but the odds re that you made late payments, those payments where then put in...
If a subpoena is left under your door have u been served?
Theodore's answer
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Answered on November 30, 2010
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in...
Archived
How much should a bankruptcy lawyer for Chapter 13 charge? If 95% of all the work was already done. ????
Theodore's answer
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Answered on November 30, 2010
The "no-look" fee in the Northern District of New York (as set by the Court) is $3,700.00. When someone comes to me from a paralegal or other...
Archived
Can a lawyer call and threaten to file criminal charges against someone about a credit card debt?
Theodore's answer
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Answered on November 30, 2010
First, do everything in writing. Second, it is unethical in all 50 States and DC to threten a criminal sanction for a ciil matter, so it is...
I am dealing w/ a debt recovery agency regarding an AMEX debt that I owe. What should I be careful of and what are my rights?
Theodore's answer
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Answered on November 30, 2010
For people asking about debt settlement companies, below is a summary of the recent General Accounting Office Report, and the website where the...
Archived
During chapter 7 reaffermation of my car, would that be the same contract or can the credit union impose higher interest
Theodore's answer
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Answered on November 30, 2010
They cannot increaase the interest rate or refuse to reaffirm the debt if you are current. However, be careful of any "cross-collateralized"...
Archived
Will I have to wait 5 years before I can file bankruptcy?
Theodore's answer
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Answered on November 30, 2010
While you must wait at least 8 years between filing two chapter 7 (11 USC § 727(a)(8)) bankruptcies (assuming you got your discharge) you need only...
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