Received summons 6 days ago, called to negotiate a "paid in full" amount. The lawyer has agreed via phone call, yet will not email this agreement, only "will mail a receipt after receiving $1,450. I am fearful, this verbal agreement will not hold...
And when you get the receipt make sure it references the case number and is noted "Paid in Full Per Settlement".See question
I need to file chapter 7 and have spoken with lawyers. I just barely meet the test for chapter 7. I got divorced recently. No support alimony but as part of final property division agreement I get part of ex's retirement account as "QDRO." I a...
A clear answer? Hardly. "Intended for retirement"? In some instances, "bare naked title" on a car is respected by a Trustee where all the funds for the car were paid by the non-filing owner. Land is a different story. And a QDRO?
I am sorry to not have an answer to your question, and I came here to see what other attorneys might respond. I know that in my practice, I preach waiting til all the "i"'s are dotted and the "t"'s are crossed before filing.
And to make it worse for you, I am going to offer yet another perspective--is a QDRO even a retirement account of yours, or is it property distribution--your interest in the QDRO arising from your marriage--such that it is not exempt at all?
The US Supreme Court has ruled that IRA's that are inherited can not be exempted in a bankruptcy by the person inheriting. IRA's are different from pensions but it goes to show that retirement funds are not protected once out of the hands of the person creating the fund. Here is a link to an article on the subject. I have not researched the issue, just googled the words and came up with
My point is that broad sweeping generalizations are never good, and especially when it comes to bankruptcy.
You will need an opinion letter from whichever bankruptcy you choose to go with, and make sure they have malpractice insurance in place.
A clear answer? Clear as mud.See question
I filed for a chapter 13 in 2013, but converted it to a chapter 7 in 2014. That was discharged in November 2014. I filed a second Chapter 13 in February of 2015 with two debts: state tax arrears and mortgage arrears. The trustee paid the state tax...
Sounds like you have your bases covered.
What affects your credit score is the filing, not the discharge. I do not believe that a discharge is even reported to credit bureaus.
So as my colleague stated, it is academic now--the taxes are paid and mortgage modified. No need for you to remain under the control of the bankruptcy court if it is not necessary.
The LL has told me the home I am renting has a closing date 3-31. I am month to month, but I have an addendum that I have 60 days from date of sale to vacate the home signed by him (LL owner) and myself on the day I rented the home. He has calle...
As Mr. Fucillo noted, you should have an attorney to eye-ball the documents. It would APPEAR that the addendum has the effect of negating the 15-day minimum that a tenant on a month-to-month is entitled to receive prior to termination of the lease. It would further APPEAR that the addendum takes into account that you would have more time to vacate if there is a sale rather than a termination.
There are rules of construction of contracts. IF there is an ambiguity on the face of the documents, the interpretation will go in favor of the party which did NOT prepare the document.
It would APPEAR from the language that you describe that the date of closing is not the determining date for when you must vacate. The new owner takes the property subject to your leasehold agreement and must abide by it.
And, we do not even know if the landlord's request that you vacate was given to you in writing as required by the Landlord Tenant Act. Texts and emails are writings but they must be delivered by hand delivery or mail or the landlord would not be in compliance with the statute.See question
Received a call today from landlord - he said on Friday he's turning off the electricity and wants us out and is not going to rent out the house anymore. We pay every 2 weeks and just gave him money a week 1/2 ago
A landlord can not turn off any utilities--electric, water, cable, etc..
To do so is called a "constructive eviction" and is expressly prohibited by the Landlord Tenant Act.
Should the landlord take that action, you have the right to sue the landlord for 3x the amount of the monthly rent that is paid, or actualy damages, whichever is larger, and to seek an injunction. Attorneys fees can also be awarded against the landlord.See question
Mobile Home Park in foreclosure for 1.3 million. Banks filed for motion for final judgement on default on loan against property owner. But Banks is also requesting a default judgment against the tenants of the park for non response to the summon...
You have nothing to do with the loan but you have an interest in the land. A foreclosure suit seeks to dislodge every interest in the land that is inferior to the mortgage lien. That could be a second mortgage or a judgment lien holder or a tax lien or a leasehold interest, which is what you have. The suit will not seek to recover money since you are not on the note but it seeks to "scrape" off the leasehold interest from the land.See question
We have a custody modification. In that modification it does not address some things the old order addressed (taxes, right of first refusal). Are we to go by the old order on those or are they "erased" because they are not in the new order
Items not addressed in the new order are not affected and are still bindingSee question
I was checking my credit reports and saw "write off" next to 2 of my debts that are included in my plan. Does this mean those debts are satisfied? If so, shouldn't my plan payments be adjusted accordingly?
A "write off" is an accounting treatment of an account receiveable--the money you owe. It is between the creditor and the IRS. It has no effect on you or your obligation to pay on a debt or your bankruptcy.
If you weren't in bankruptcy, the creditor could sue you and if it recovers money it can reverse the write-off to the extent it receives funds.See question
Recently i filed for chapter 7 bankruptcy and the lawyer i used misinformed me saying my properties i transferred 1.5 to 2 years ago to my son would be safe...after the meeting w the trustee i find out he was wrong...now the trustee has filed a la...
Take the course. If you don't, the case will close without your getting the discharge. The case will not be dismissed. It will just be closed. But first, the Trustee will STILL be able to pursue the properties, whether or not you get the discharge.
If you received consideration for the properties--close to fair market value, then you have grounds to resist the Trustee. If you gave the properties away then you don't, as a transfer to a family member without receiving anything in return is a classic case of a fraudulent transfer.See question
A mechanics lien is being issued. In the complaint process, the contractor (Plaintiff) is suing Defendants (owners) against the property where the alleged work was done, but the property address in the complaint is completely wrong? That is not t...
When you speak with an attorney--nite, I do not say if, but when--ask the attorney whether you should make the motion to dismiss or do nothing at all!
Why educate the plaintiff of their error?
I do not handle these kinds of cases so I cannot even begin to formulate an opinion, but there may be, or may not be, an advantage to you to allowing the matter going to judgment for the wrong property.
That is why you absolutely need to consult with an attorney who routinely handles these kinds of cases.See question