After spouses enter into a comprehensive written separation agreement, the terms of the agreement will control the spouse's rights, with the...

Who do I contact if I am a creditor and my tenant is filling bankruptcy and looking for some advice on my end?

You should contact a bankruptcy attorney. Although there are some bankruptcy attorneys who represent only debtors or only creditors, many of us...

Does a trustees motion to dismiss supersede a mortgage companies motion for order granting relief?

In the Eastern District of Virginia, the automatic stay is continued until a final hearing. Typically, the Motion for Relief from Stay will be...

The Virginia form Warrant in Debt has spaces where the judge or clerk indicates whether a Bill of Particulars and/or Grounds of Defense have been...

Yes, you can set aside a judgment or decree for fraud upon the court and, assuming you were served by publication, there are specific grounds for...

What can I do if I am being named in a suit and I have never been married and the person is not my dependent?

You should consult with an attorney to defend the suit and to discuss your prospects for filing a motion for sanctions against the plaintiff for...

Is lifting of stay in BK court valid if trustee, in whom name motion is made, denies ownership of note and deed of trust?

Many mortgage loan notes were packaged, sold on the secondary market, and securitized. Bonds were issued on these packages of loans. Pools of...

Can I file bankruptcy without it affecting my husband?

As an administrative convenience, spouses are allowed to file joint petitions. Either spouse may file alone without his or her spouse joining in...

How do you find out how much your case should have cost ?

Fees and costs are two different things. Attorneys fees are negotiated between client and counsel. Costs are paid to third parties, and include...

In the absence of a court order or contract provision, either spouse has equal access rights to the marital residence. A separated may seek...