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Tazewell T Shepard III

Tazewell Shepard’s Answers

172 total


  • Will a car valued at 2900 on KBB be taken in a Ch 7 filing?

    if we use the car to take out a secured loan will that protect it? Is there any other way to protect it?

    Tazewell’s Answer

    As my colleagues have indicated, this is a reasonable question but with too little information for a reasonable answer. It is like asking, "Is there room for me on this elevator?" without revealing how big is the elevator and how many people are already in it.

    Although bankruptcy is federal law, Congress deferred to the states on the issue of exemptions. Each state has a statute setting out that state's allowed exemptions of personal property in a bankruptcy case. Understanding that, you can see that we need to know which state you live in and how much of the allowable exemptions for your state are already taken up by your other personal property.

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  • We split the size of commercial space via landlord, now I rent half, do I need a new lease?

    I have a 5 yr commercial lease on a boutique. Due to the difficulty of the economy, after 2 years the landlord and I agree to split the store. In the original contract it says X size, X costs for space, and X costs for utilities. A one page summar...

    Tazewell’s Answer

    • Selected as best answer

    The above is a good response to your question. I would add that you should really work on your "paper trail". Assemble and organize every document, email, etc. that has any relevance to yuour case and then share them with your attorney - that can be the difference between success and failure. Good luck!

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  • It is possible for me to know which type of BK will I be eligible?

    My wife and I are thinking about filing BK if I loose my job. My wife lost her job 4 years ago and still not able find anything. My job is not certain at this time due to company down sizing. I may hear from my employer by the end of December abou...

    Tazewell’s Answer

    The above is a good response to your question. I would add that given your concerns about your job, you probably should be starting to downsize your asset-debt situation. Sell, refinance, do whatever you can NOW to lessen your debt load before you lose your job. Good luck!

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  • If a professional server can't serve a contempt of court after many attempts, what I can show to the court?

    I am planning having a server to serve ex-spouse. If he can't serve her after many attempts and he can provide an affidavit to court. Can I still proceed with the scheduled court hearing date, and would that make her as default?

    Tazewell’s Answer

    Perhaps you can have a conversation with the judge's law clerk or secretary and ask if, in this type of situation, the judge has a preferred method of service. For example, some courts want you to try service by publication before they grant a default. Don't try to have a conversation with the judge, but asking the staff for suggestions in a polite and casual manner might help you resolve this problem.

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  • I went to finace a truck they wanted cash so my ex girlfriend wrote a check because i forgot my check book.

    So when i got home i had the cash and just gave it to her. The truck is in my name only. Shes filed a civil suit to get me to pay her again. Theres no proof i didnt give her money but theres no proof i did. What should i do in this case?

    Tazewell’s Answer

    The above is a good response to your question. I would add that because you lack documentary proof, your credibility as a witness will be very important. Organize your thoughts and get your facts straight -- prepare for the hearing!

    Good luck.

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  • How to proceed after judgment.

    I was awarded a sum for child support arrears which further states that all previous orders are in full force and effect. This includes a (1997) wage assignment order for 353.00 per month. In order to collect the awarded sums ...should I file a...

    Tazewell’s Answer

    You need assistance with this one. Try your state's department of human services. In some states, they assist in collecting child support. Otherwise, find a local lawyer with collection experience.

    Good luck!

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  • How do I add a new business to my existing s corporation

    I have a current working S corporation, small single employee business that I want to expand by starting a new business or operation, how do I add the entity to my current company?

    Tazewell’s Answer

    One thing you should consider is whether either business involves much risk of lawsuits or other llabilites. If so, you might want to keep them separate so that the potential liabilities of one won't jeopardise the assets and income of the other.

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  • I loaned a friend of mine 60,000 dollars and he never paid me back

    I loaned a good friend of mine this amount of money wrote three checks on my account to him. He promised to pay me back the going rate interest within approx three to four months. He paid me back one check was for 5,000 & another check for 6,000....

    Tazewell’s Answer

    Hopefully you have a paper trail of documents that you can use to prove the loan and that it has not been paid back. You will need it when you sue him.

    Good luck!

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  • How should I answer a Partition Proceedings Summons in NC?

    My brother has filed a Partition Proceeding against myself and my sister to sell our deceased parents home. The home appraised at $65,000 down from around $100,000, due to the depressed market. The home sat on the market for more than 2-years, b...

    Tazewell’s Answer

    The response above is a good response to your question. I would just add that you need to be active in the case, explore every possible argumnent and keep good records to support your position if you do find a defense.

    Good luck!

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  • What remedies do I have

    I just recieved a judgement from the judge after he had it under submission. He dismissed the case against one defendant. In this ruling he stated the "facts" of the case as he sees it. Incredibly, he appears to not have read the complaint. He...

    Tazewell’s Answer

    • Selected as best answer

    It is very important that you file a motion for reconsideration and (politely) set out all of the mistakes in the court's ruling for two reasons. First, the judge may correct his ruling. Second, if you have to appeal, the appeals court will see that you gave the facts to the trial judge and gave him a chance to fix his mistakes.

    Good luck!

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