What happens if I can't serve my ex husband with the court papers before our court date? Is the judge going to rule on court dat
Michael's answer
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Answered on February 09, 2012
If you cannot locate him to serve him, then you will have to ask the court to allow service via publication in the newspaper. The court cannot...
Archived
My husband is divorcing me I dont work , on disability we have been married for 15 years he makes over 100,000
Michael's answer
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Answered on February 09, 2012
You will certainly need to hire an attorney - whether you get one through legal aid or convince a judge to make your husband pay for one for you. ...
Archived
How do i file a petition to move out of state with my children?
Michael's answer
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Answered on February 09, 2012
Let's back up here. You don't mention why you wish to move out-of-state with the children. You also make reference to a pending divorce, but you...
Archived
Chapter 7 case trustee asks about transfers and sales of property within past 4 Years! What are her powers in this regard?
Michael's answer
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Answered on February 09, 2012
There is a difference between what the trustee "can" do and what the trustee "could" do. On the "can" do side, the above answers are correct - the...
Archived
Chapter 7 in CA using 703 exemptions. What statute to exempt a Potential Workers Comp Claim? Dollar limit?
Michael's answer
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Answered on February 09, 2012
As I understand CA CCP section 703, a work comp claim is "fully exempt" in a bankruptcy.
Archived
If own a single member LLC and go into chapter 7 bankruptcy; Is my income just ALL profit every month? How biz valued
Michael's answer
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Answered on February 09, 2012
This is a complicated question. Technically, as a sole-member LLC, the ENTIRE value of the business is assignable to you. As to how to value it,...
Archived
Chapter 7 for in-laws. However, they foolishly cashed out (40k) their retirement recently. How can they protect this $. remedy?
Michael's answer
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Answered on February 09, 2012
I think your in-laws made a HUGE mistake. There is typically no way to undo what they've done. The bankruptcy trustee will investigate the...
Archived
I was unexpectedly terminated in NJ. To avoid bankruptcy, I would like to cash in my 401K. Does this affect my UI? I am over 60
Michael's answer
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Answered on February 09, 2012
I would also advise to NOT cash out your retirement. First, it's taxable when you do that, so you'll have a large tax bill. Second, I don't...
Archived
What can I do about a Collection Judgement which was filed with the court house?
Michael's answer
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Answered on February 09, 2012
If a judgment has been entered, that means that someone filed a lawsuit against you and obtained (most likely) a default judgment. What you can do...
Archived
SOL on credit card debt - moved from Mass. to NYC 4 years after alleged "default" and lived in NYC for next 2 - "toll?"
Michael's answer
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Answered on February 09, 2012
If you made no payments or otherwise affirmed that you owed the account, then the SOL has probably tolled, but it may be the SOL of the state where...
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