Archived
Should a chapter 7 trustee abandon interest estate has in a civil suit if conflict of interest?
Brett's answer
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Answered on February 11, 2014
I do not see this as a conflict of interest matter.
Archived
Selling cram downed property during a Chapter 13 confirmed plan after a recent chapter 7 discharge. AKA a Chapter 20 case.
Brett's answer
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Answered on February 11, 2014
The cramdown is not final until you receive your discharge, so no, this won't work. Speak with your bankruptcy attorney for more details.
Archived
If my wife and I buy items such as furniture with marital earnings, what part of this is the husbands when filing bankruptcy?
Brett's answer
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Answered on February 11, 2014
Since Mr. Kelly practices in NH, I will not disagree with him.
Archived
I want to sue my lender for forgiveness of debt pertaining to all the back issues I have had with my loan.
Brett's answer
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Answered on February 11, 2014
Lawyers have a great deal of difficulty getting positive results in this sort of situation. It is exceedingly unlikely that you would succeed...
Archived
I am taking someone to small claims court . They are going to move out out of state asap to avoid the court date. What happens?
Brett's answer
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Answered on February 11, 2014
You should still be able to get a judgment when they don't appear at trial. You would then need to enroll the judgment in the state they moved to...
Archived
How do I pay a judgment when the place won't take money?
Brett's answer
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Answered on February 11, 2014
There is no requirement that a creditor agree to payments.
Archived
Secured retainer and we are going on three months just to take a judgment for collection. I feel discriminated against.
Brett's answer
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Answered on February 11, 2014
I agree with Mr. Abraham--three months is a very short time. If the lawyer will not respond to your questions, fire him/her and hire a new lawyer.
Archived
Can a garnishment exemption be filed again even once denied? See details, can I refile or what is my recourse ? (Norfolk court)
Brett's answer
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Answered on February 11, 2014
Yes. Be sure to state why you didn't attend the previous hearing in the new filing (along with what you were told about messages into the court).
Selected as the best answer
Archived
Personal guarantee and fraudulent transfer - can the guarantee be in writing (unsigned) but enforced by continuous payment?
Brett's answer
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Answered on February 11, 2014
Probably not. Have a lawyer check the paperwork and to see if there might be a basis for still holding the wife liable.
Archived
Can I negotiate atty fees, interest, court costs on jusdgement?
Brett's answer
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Answered on February 11, 2014
You can try. The creditor doesn't have to take anything less than what it is due.
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