Archived
What will happen to my CCP 473 motion filed in state court now that the case has been removed to bankruptcy court?
Eric's answer
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Answered on September 06, 2011
Once a case has been removed from state to court to federal court, the state court is divested of jurisdiction so any matter sitting before the...
Archived
Can a lawyer make me pay more than the court order amount?
Eric's answer
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Answered on September 06, 2011
It's possible that the difference is the awarding of court fees, attorney fees, statutory interest or any combination of the above.
Archived
What do I do if I received a garnishment notice in the mail, but the bank account they say they garnished doesn't belong to me.
Eric's answer
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Answered on September 06, 2011
Obviously, if they garnished someone else's account, that is an issue between the bank, the account holder and the creditor. If the debt is...
Archived
Can I (an individual) repo a vehicle when the people I lent the money to aren't making the payments on the loan?
Eric's answer
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Answered on September 06, 2011
You can only repo the vehicle if you properly recorded a security interest (lien) on the title.
Archived
My ex -husband is filing Chpter 7 bankruptcy & listed me as a creditor. Can the lender come after me?
Eric's answer
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Answered on September 06, 2011
The divorce decree is still in full force and effect and both of you are bound to honor it. This means that even if he receives a discharge on the...
Archived
I'm getting ready to go though a personal bankrupty and wanting to start a new business at the same time.
Eric's answer
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Answered on September 06, 2011
I don't think it would be wise to simultaneously start a business and declare bankruptcy. It will just make you go through more inquiry and more...
Archived
Midland Funding has filed court papers claiming a past bill. i dont owe them anything. wondering what to do.
Eric's answer
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Answered on September 06, 2011
First, be sure that it is a debt that you don't owe. A lot of people don't recognize debts owed to companies like Midland Funding LLC because they...
Archived
Why does declaring bankruptcy cost so much money, when the whole point of being bankrupt is that you don't have any money?
Eric's answer
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Answered on September 06, 2011
If one is truly destitute, one can file bankruptcy and have all fees waived by the court. If one wishes to obtain the services of a lawyer to...
Archived
Husband in poor health, he has 3 credit cards, his name only, no cards in my name, must I pay if he passes.
Eric's answer
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Answered on September 06, 2011
You are not liable for your husband's debts if he passes - his probate estate, if there is any - would be liable for claims.
Archived
How can my property be safe from creditors?
Eric's answer
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Answered on September 06, 2011
Federal bankruptcy exemptions are not available to residents of Virginia. Va. Code Ann. § 34-3.1.
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