Archived
How do i file a motion to "reschedule a status hearing" of my chapter 11 ? Is there a specific form or format?
Kevin's answer
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Answered on August 15, 2019
You filed an individual Chapter 11 case without an attorney? I have been practicing bankruptcy law for 37 years, including individual Chapter 11...
Archived
Can you quitclaim a home to someone if there is a mortgage on the home?
Kevin's answer
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Answered on August 14, 2019
The direct answer to your main question is yes, a quitclaim deed is effective even when there is a mortgage on the property. The mortgage lien is...
Archived
Does an attorney get 1/3rd of what is settled on or 1/3rd of what I get after other debts?
Kevin's answer
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Answered on August 13, 2019
Review your written retainer agreement. Likely that he/she gets 1/3 of $20k for all the work that went into this case, rather than 1/3 of 6 k...
Archived
I am due to get off probation in a week I still owe restitution and I have a court date in September what is that for?
Kevin's answer
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Answered on August 13, 2019
Transferring to criminal defense. How could we possibly know what your court date is for without looking at the notice you received?
Archived
HOA is suing us, Do we leave or try and make a deal?
Kevin's answer
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Answered on August 13, 2019
Should we get a lawyer? YES. Are you personally liable for HOA fees as a tenant? NO. Can you be sued? YES. Should you try to make a deal? YES.
Is it a bad idea to not fight actual service in a foreclosure case ...especially when the mortgage is a private 1yr mtg?
Kevin's answer
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Answered on August 13, 2019
Transferring to foreclosure. How can we know what defenses you have unless you bring your paperwork to a foreclosure defense attorney? Yes,...
Archived
Is my mortgage company required to keep accurate records of payments after chapter 7 discharge?
Kevin's answer
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Answered on August 12, 2019
All creditors who are paid, before, after, during bankruptcy have an obligation to keep accurate records. Are they reporting the payments to the...
Archived
Is there any precedent in FL for garnishing a business's (defendant/judgment) rental security deposit being held by a landlord?
Kevin's answer
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Answered on August 12, 2019
You ask for precedent, the garnishment provisions do not distinguish the deposit. It is no different from a bank deposit or any other deposit.
Archived
If if a mom and pop auto shop changes from hourly to flat rate are there any laws for flat rate I should be aware of?
Kevin's answer
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Answered on August 12, 2019
Changing topical area to Employment Labor because this is not a debt collection question.
Archived
If total equity in a house is negative, how is this handled in Florida?
Kevin's answer
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Answered on August 12, 2019
This question does not make sense. What Judge are you speaking about? If your husband is filing Chapter 7 bankruptcy, and there is no joint debt,...
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