Archived
After bankruptcy discharge, is the surrender of an exempted whole life insurance policy or sale of an exempt vehicle "windfall"?
Mitchell's answer
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Answered on September 26, 2010
The surrender value of the whole life policy and the vehicle are assets that had to be disclosed when you filed. Failure to do that is concealing...
Archived
Personal Bankruptcy and Dissolution of Small Corporation.
Mitchell's answer
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Answered on September 26, 2010
In many jurisdictions, all pre-petition obligations are discharged regardless of whether they are listed so long as there was no harm (if there was...
Archived
Do I need to supply a date of debt on Sch F for chpt 7?
Mitchell's answer
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Answered on September 26, 2010
I usually put in the dates from the credit report. They are approximate at best. The trustees and creditors are looking for information to...
Archived
In Ch. 13 Bankruptcy now. Second mortgage holder is modifying terms of mortgage on their own. My attorney says nothing he can do
Mitchell's answer
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Answered on September 26, 2010
First, send a Qualified Written Request to the mortgage company, certified mail return receipt requested. Demand a full accounting of your mortgage...
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Archived
Just rented apt 1 year lease. AC broken and other stuff. Any way I can break lease within 1st month. Apt not worth the money
Mitchell's answer
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Answered on September 26, 2010
You signed the lease and are bound to it. If the landlord breaks the lease and cannot cure the breach, then you can file a tenant's assertion in...
Archived
Restaurants requiring emplyoees to pay card merchant fee?
Mitchell's answer
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Answered on September 26, 2010
Contact the Department of Labor. Employers can only withhold from your wages for a limited number of things like taxes and, when agreed, insurance....
Archived
Separated in the same house
Mitchell's answer
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Answered on September 26, 2010
There is no such thing as a "legal" separation. You are separated if you hold yourselves out to the world as being separated. Many courts in...
Archived
If a person refuses to return another persons chattels, has made conversion
Mitchell's answer
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Answered on September 26, 2010
If someone lawfully has your property and refuses to return it, you have a civil claim for conversion. You can file a Warrant in Detinue to get the...
Archived
Is this a breach of contract? We signed an agreement w/ our attorneys at a protective order hearing
Mitchell's answer
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Answered on September 26, 2010
Your question needs more facts. Was this agreement entered as part of a court order? If so, then you can bring an action for violation of a court...
Archived
Can someone explain the exact meaning of joint legal custody
Mitchell's answer
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Answered on September 26, 2010
Typically, parents who divorce share legal custody. This means that they can make decisions on how to bring up their child. Both parents have equal...
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