Archived
Would I be entitled to 1/2 of my wife's 401K? We are currently going through a divorce working with only her attorney.
Michael's answer
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Answered on July 26, 2013
You really should have your own attorney. That said, no one is automatically "half" of anything in Minnesota. You are entitled to a "reasonable"...
Archived
Am I liable for paying Homeowners Assocaition Fees dues prior to my bankruptcy?
Michael's answer
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Answered on July 25, 2013
Yes and no. While the amount you owed pre-filing can certainly be discharged in bankruptcy, it does not eliminate the lien the HOA has on the...
Archived
If a brother signed for a cremation , Is he able to make the rest of the family pay?
Michael's answer
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Answered on July 25, 2013
I think you realize that if you put the word "forged" in a description, it is not legal. If you didn't contract for the services, you have no...
Can a payday loan company (cashnetusa.com) garnishee your checking account if it only has your social security deposit and your
Michael's answer
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Answered on July 25, 2013
Any creditor can levy any bank account. If the funds in your account come from exempt sources (SS is exempt, the pension could be - depends), then...
Archived
What area of practice should an attorney specialize in concerning homeowner's associations?
Michael's answer
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Answered on July 25, 2013
Any decent real estate or contract attorney should be able to assist you. There are some that specialize in HOA issues, but that's rare.
Archived
How long is a Federal Resitution Judgment good for, and how long is it a lien against New York real estat?
Michael's answer
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Answered on July 25, 2013
Per 11 USC 3613(c), a restitution lien is valid for 20 years or until otherwise paid or eliminated. To be effective, however, the lien has to be...
Archived
Can both my husband and I income be garnished by a loan company for the same debt?
Michael's answer
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Answered on July 25, 2013
Yes. Federal law caps civil collections on a wage garnishment at 25% of "disposable" income, which mean gross minus taxes but not things like...
Archived
Seeking Divorce/Custody Help. I recently was just put into a great bind with current Divorce and Custody battle I am involved in
Michael's answer
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Answered on July 25, 2013
If there was an actual conflict, your attorney was ethically required to withdraw. Most legal aid services don't take family cases like divorces...
Can an adoptive dad decide to un adopt a child if relationship doesn't work with the mother?
Michael's answer
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Answered on July 25, 2013
No. This isn't a store where you can return a child because something isn't working out. If the adoption was finalized, you're responsible for...
Archived
Can I file a modification in my county if it isn't jurisdiction of the original?
Michael's answer
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Answered on July 25, 2013
No. While you can certainly file for a HRO in your county IF your ex is actually harassing you, if you want to present a custody modification...
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