Archived
I have shared custody of my daughter court order specifies my ex husband gets her Friday after work but does not specify a time?
Derek's answer
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Answered on March 06, 2018
For some reason this was posted in a bankruptcy practice area. I wil move to family law. That said, in NC, where I practice, if there is no set...
Archived
LANDLORD INCLUDED IN CHAPTER 7
Derek's answer
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Answered on March 06, 2018
They can definitely charge you post petition rent due, late fees on the post petition rent and because the move out occurred post petition, they...
Archived
Will lender report repossession on credit report on discharged debt ch 7?
Derek's answer
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Answered on March 06, 2018
I agree with Mr. Bayer. Some of my colleagues who regularly answer questions here on AVVO, have the opinion that the creditor can also report the...
Archived
Can you purchase a home after you have been in chapter 13 for almost a year and a half?
Derek's answer
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Answered on March 06, 2018
Why do you trust the opinion of a bunch of attorneys who do not know you, do not know your case and, most importantly , do not know your judge and...
Archived
Judgment lien on my property few weeks before bankruptcy.can this lien be removed by filing a motion to avoid lien ?
Derek's answer
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Answered on March 06, 2018
You can file a motion to avoid the judgment lien to the extent that judgment impairs your ability to claim an exemption in that property. To...
Can I surrender a chapter 13 vehicle if there is a cosigner?
Derek's answer
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Answered on March 05, 2018
Sure, you can surrender the vehicle but they come after your mom. Unfortunately there is no way around that. She could file her own bankruptcy if...
My chapter 13 was just dismissed. what can i do to reinstate it
Derek's answer
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Answered on March 05, 2018
In my district once your case is dismissed it can be reinstated by filling a motion to do so and getting the trustee's consent. The trustee will...
Archived
Where do I file my small claims lawsuit?
Derek's answer
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Answered on March 05, 2018
I would file in the same court where the MTA judgment was entered and I'd file it as a motion for contempt of court for failing to abide by the...
Archived
Do you have to file homestead deed locally for New Mexico if using federal wildcard to protect misc property ?
Derek's answer
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Answered on March 05, 2018
This is really a question for a New Mexico attorney but I believe that Ms. Bunce is correct, you would only need to file a NM homestead if you have...
Can a Credit Union offset funds on a discharged Chapter 7 where the debt was not reaffirmed?
Derek's answer
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Answered on March 05, 2018
Yes, they can. That is one of the many reasons I recommend that folks not file bk without an attorney. Any attorney who has been practicing bk...
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