Archived
When filing Bankruptcy Chapter 7 we noticed our attorney had place "x" in "disputed" column under one of our creditors but why?
Eric's answer
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Answered on June 16, 2012
You should ask your attorney why it was marked as disputed when you did not indicate to them that the loan is in dispute. Discharge of student...
Archived
I purchased a car on May 24th only to find out on June 14th that the transmission has gone out I did buy the car “as is”
Eric's answer
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Answered on June 16, 2012
Unfortunately, without a warranty, you do acquire the vehicle "as is" and unless you have tangible proof that the dealer knew of the problem and...
Archived
If I included my house in the chapter 7how can they already have a court hearing set up even though my banruptcy isnt discharged
Eric's answer
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Answered on June 16, 2012
There are two possibilities. The bank, or lawyer for the bank, does not know about the bankruptcy and is moving forward as normal. Or, the bank...
Archived
Will a bank discuss options after they won a court order to garnish?
Eric's answer
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Answered on June 15, 2012
"Don't worry about the court date." Maybe the worst relied-upon advice given in a creditor-debtor relationship. You can try to negotiate terms of...
Archived
My husband and I drew up a will in 1985, he has passed away in 2010, can I have a new will drawn up or can I amend the will?
Eric's answer
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Answered on June 15, 2012
In part, it may depend on the type and terms of the will from '85 but generally, you can have made a codicil to your will (an amendment) or draw up...
Archived
Is it legal for me to sell tools for money owed to me?
Eric's answer
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Answered on June 15, 2012
You may NOT sell his property just because he owes you money. In fact, failure to turn over the property to him could lead to both civil liability...
Archived
In the means test, when figuring it out do you count the children also?
Eric's answer
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Answered on June 15, 2012
Yes, you count your "dependents." Now, rulings vary from jurisdiction to jurisdiction on just what counts as a dependent, but as a general rule of...
3 roommates on joint and severable lease and one bails. Can the other two sue for the third roommates rent?
Eric's answer
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Answered on June 14, 2012
Yes
Is a debtor forced to answer a creditor's questions in a 341 bankruptcy hearing?
Eric's answer
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Answered on June 14, 2012
You are under oath at the Meeting of Creditors and being evasive to questions posed would not put you in a good light in the eyes of the bankruptcy...
If I don't appear to answer interrogatories in regards to a small claim that I recently lost, will I go to jail.
Eric's answer
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Answered on June 14, 2012
If you do not appear in court as ordered, the judge can order your arrest via a "body attachment." This isn't as common as it used to be, but if...
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