Archived
Chapter 7 discharged 2 years ago, included home in NY. Bank of America has yet to foreclose. Suggest deed in lieu?
Jeffrey's answer
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Answered on April 22, 2012
Think about this: if you did not reaffirm the mortgage in the bankruptcy, you can not have a deficiency entered against you--your obligation to...
Archived
Will I lose my home if I file Bankruptcy without my husband?
Jeffrey's answer
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Answered on April 22, 2012
Thank you for providing more detail to your question. You will not lose the home, since the value is less than $125,000.00.
Your ability to...
Archived
I am filing chapter 7 bankruptcy next month. I owe a good bit of money for taxes due tomorrow. Am I obligated to pay
Jeffrey's answer
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Answered on April 22, 2012
I agree with one of my colleague's responses that if the reason you are considering filing a BKC is to avoid having to pay your taxes for 2011, you...
Archived
If I file chapter 7 bankrupcy can I include my primary residence that is in foreclosure in the bankrupcy?
Jeffrey's answer
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Answered on April 22, 2012
At the risk of starting World War III, I am going to disagree with Ms. Golant's typically detailed and accurate response in one respect--I do not...
Archived
I live in florida, can I file Chapter 7 without my husband?
Jeffrey's answer
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Answered on April 22, 2012
Let me supplement my colleagues' answers, both of which are excellent.
When a bankruptcy is filed, a bankruptcy estate is created by law,...
Archived
What does the Florida law say about how long I have to vacate my home after being verbally asked to leave?
Jeffrey's answer
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Answered on April 22, 2012
Mr. Rafter's answer is generally right on, but I think that 4-8 weeks may be overly optimistic. I advise my clients that the process will...
Archived
I've been asked to give a deposition in a lawsuit. What rules govern the questions that can be asked?
Jeffrey's answer
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Answered on April 22, 2012
The Plaintiff has the right to make it a video taped proceeding, but can not spring it upon you, the notice of deposition must specify that the...
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Archived
Supporting documents for a claim of exemption and request for hearing pleading?
Jeffrey's answer
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Answered on April 22, 2012
Ms. Norman's approach might work if the Plaintiff's attorney were as concerned with "doing the right thing" as she and I and you might want them to...
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Can i include an affidavit from my dependent with my claim of exemption pleading and my own affidavit?
Jeffrey's answer
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Answered on April 22, 2012
My colleagues are correct that in a garnishment proceeding that you might want to also file an affidavit from the dependent.
But, lets take a...
Archived
Writ of garnishment was issued but was not provided notice within 5 days. i can also claim head of family exemption
Jeffrey's answer
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Answered on April 19, 2012
Section 77.041 requires the Plaintiff to provide notice within 5 days of the issue of the writ or 3 days after service of the writ, whichever is...