Archived
I am the executor of an estate. I have not distributed all assets. Are those assets at risk of seizure if I file Chapter 7?
Mitchell's answer
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Answered on October 04, 2011
The beneficiaries were entitled to the assets once the person died. If you are a beneficiary, then your part is an asset of your estate. If not,...
Archived
What is the best way to handle accumulated medical bills (debt) incurred since fling a Chapter 13 and can they sue me?
Mitchell's answer
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Answered on October 04, 2011
You can be sued for post-petition debt, but they cannot collect. The money that you contribute to the plan is an asset of the estate. Talk to your...
Archived
If i did $3,000 worth of improvements as a tenant can i be sued if i leave owing $1500 in rent
Mitchell's answer
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Answered on October 03, 2011
It depends on your lease. If you did the work on your own, you may have no claims against the landlord. Try talking to the landlord and get any...
In Virginia can a Defendant be granted a Summary Judgment if the Plaintiff files a Bill of Particulars late? Likelihood?
Mitchell's answer
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Answered on October 03, 2011
No. You cannot get summary judgment. You can file a Motion to Strike, but it is unlikely that a court would dismiss the case for filing one day late.
Archived
I am in Bankruptcy Chapter 13. I have a Civil Case that was filed in Cal Superior Court Prior to the BK.
Mitchell's answer
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Answered on October 03, 2011
The stay stops attempts to collect. It does not stop your case against them for damages. However, if you did not disclose the case and exempt it in...
Archived
Can a bank that i owe take ira in the middle of a rollover.
Mitchell's answer
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Answered on October 03, 2011
No. A rollover keeps the status of the IRA. Most states protect these accounts. Just do not take possession of the money.
WHAT HAPPENS IN TEXAS IF YOU STOP PAYING ON YOUR CREDIT CARDS?
Mitchell's answer
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Answered on October 03, 2011
The same thing that happens everywhere else - either the company sues or it sells the debt. All of this gets reported on your credit report.
Archived
Can an existing owner of business participate with a new entity to purchase the assets of the existing company out of bankruptcy
Mitchell's answer
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Answered on October 03, 2011
As long as this connection is disclosed to the bankruptcy court and the court approves the sale, there is nothing prohibiting it.
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I received a Bench Warrant Order for failure to appear with bond at $100 on a Collections matter.
Mitchell's answer
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Answered on October 03, 2011
First, I agree with Mr. Lewis on what you should do about the Warrant.
Second, what type of collection was this? If it was civil (not support or...
Archived
Can you use 11 usc 324 against an assistant US Trustee and their trial attorney?
Mitchell's answer
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Answered on October 03, 2011
The Trustee does not appear on his/her own behalf. The Trustee appears through counsel. You can seek to have that counsel removed for cause, but...
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