Archived
Can I submit a declaration from some one or witness at a contempt hearing and if so can I order a temporary custody
Leonard's answer
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Answered on January 21, 2013
In probably every court jurisdiction, even a verified "declaration" or statement from an witness who is not personally at a court hearing, can NOT...
Archived
Current home in foreclosure as a part of our Ch.7 (discharged),can we take a 401K disbursement to purchase another home?
Leonard's answer
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Answered on January 21, 2013
As your bankruptcy attorney probably advised you, your retirement funds can not be touched by creditors or a bankruptcy trustee. What you now...
Archived
In the state of maine does my girlfriend need to file bankruptcy from a prior marriage to clear debts before we get married
Leonard's answer
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Answered on January 21, 2013
I agree with both other answers but there is another issue you raise coincidentally.
Under the Bankruptcy Code, debts created out of a divorce or...
I am continuing to make my mortgage payments after chapter 7 but should
i still have to keep paying the mortgage insurance?
Leonard's answer
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Answered on January 21, 2013
Put simply, you cant have your cake and eat it too. The lender has the right to foreclose on application to the court without a big fight. If you...
Archived
My fiancee recently died and his family is basically stripping his house including all the things i paid for , or helped him pay
Leonard's answer
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Answered on January 21, 2013
All property in his house, having been there for over 5 years since you have lived with him, are easily claimed to be his and abandoned by you even...
Archived
As i wife am i entitled to get my husbands unused leave benefit from his employer?
Leonard's answer
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Answered on January 21, 2013
Simple answer based on this question is "no." You do not stand in your husband's shoes when it comes to employment benefits. Insurance proceeds...
Can I gift myself money from the family trust and if so how much?
Leonard's answer
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Answered on January 21, 2013
Sounds like the same question from someone seeking to pay herself money out of her 98 year old mother's trust.
First, the Trustee controls...
Archived
Is it true that I can write a check to myself from the trust in the same amount each month that I send the nursing home?
Leonard's answer
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Answered on January 21, 2013
Whoever told you that you could write a check to yourself each month, if a lawyer, could be subject to a claim for malpractice. If not a lawyer,...
Archived
My father passed away last month and the will was to sell everything in the Estate then divide equally.
Leonard's answer
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Answered on January 21, 2013
You do not mention who owned the residence where your father lived or whether your sister had some ownership or was on the lease if it was rental...
Am I (seller) liable for termite damage found in/behind walls after closing on real estate sale.
Leonard's answer
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Answered on January 21, 2013
If you fully disclosed prior damage, you have virtually eliminated your liability.
If the buyer had an inspection, they may have a claim against...
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