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I co-signed a student loan for our nephew, who has defaulted. I now need advice as to how to proceed.
David's answer
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Answered on June 15, 2015
Please seek the advice of a local student loan lawyer. Do not sent any payment in at this time as there is an applicable statute of limitations on...
Archived
How long after I'm married do I have to wait to file a joint petition with my wife?
David's answer
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Answered on June 11, 2015
You can file jointly as soon as you are married. The best thing to do is list all of your debts, for both of you. That way you can start your new...
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Second mortgage has not been paid in 5 years and I want to file Bankruptcy Chapter 13.
David's answer
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Answered on June 11, 2015
You have a complex situation that requires the assistance of counsel. That being said, use the last know amount that you were paying on Schedule J....
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Can you get abstract judgment (civil) off by filing bankruptcy (individual)?
David's answer
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Answered on June 10, 2015
The filing of a bankruptcy can stop any and all collection activities. If an EWO is issued, they can collect up to 25%. It is far better to stop...
Archived
How close to a Civil Trial can you get before filing for bankruptcy?
David's answer
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Answered on June 10, 2015
I think the appropriate time to file for bankruptcy is to do it well in advance of your trial date. You will need to notify opposing counsel and...
Can the Franchise tax board garnish my IRA and Retirement if I own money and I don't have any other income coming in?
David's answer
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Answered on June 10, 2015
I concur with Mr. Benda. May I suggest you contact a local bankruptcy attorney to protect your income and retirement accounts. There are many of us...
Archived
Am I legally responsible for a student loan that my parents took out in my name, without my consent?
David's answer
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Answered on June 08, 2015
The answer is on the initial paperwork that you signed when you were in school. Typically, if you went to school, they gave you the contract at the...
Can child support paid to receiving parent be all taken, to pay back defaulted student loans of the receiving parent?
David's answer
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Answered on June 01, 2015
Your tax refund was intercepted because of your defaulted Federal Student Loan. The collection process does not include an intercept for support,...
Archived
Filing bankruptcy
David's answer
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Answered on June 01, 2015
As my San Diego colleagues have indicated, speak with local counsel
Archived
Is it appropriate for your Bankruptcy attorney to convince then collude with your spouse about filing for divorce?
David's answer
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Answered on June 01, 2015
From your question, it is unclear if a joint petition was filed or not. Either way, if your present attorney represented you both, then there is a...
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