Archived
I'm being sued by Amex. The law firm they hired did not show up for the motion and I called in for the motion due to illness
Gary's answer
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Answered on December 15, 2012
The defense "suppression" prevents any counterclaim that may have appeared in your response.
If you had no counterclaim, the suppression is...
Archived
I just received a bankruptcy notice that my landlords have filed and are listing me, as a renting tenet in a house they own, as
Gary's answer
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Answered on December 15, 2012
You wrote, "I just received a bankruptcy notice that my landlords have filed... will I have to move?"
Look in the bankruptcy papers to learn if...
Writing promissory note on stolen money
Gary's answer
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Answered on December 15, 2012
You wrote, "I have already done this on Avvo but I still feel unsure if the note is covering all bases."
A: Unlike baseball, the principles of...
Archived
If my grandma gave me a cash gift in 2011 and I am forced to file bk7 in 2013, how long is the look back on cash gifts?
Gary's answer
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Answered on December 15, 2012
One year.
If my plan payments exceed the claims of the creditors do I get any money back in a chapter 13 bankruptcy?
Gary's answer
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Answered on December 15, 2012
In MO, where I practice, it is routine for the Trustee to return excess funds to the bankruptcy debtor.
Archived
What is the terminology for parties in a guarantee?
Gary's answer
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Answered on December 15, 2012
A: "Security" can used in the sense of providing for additional enforcement/collection actions beyond the mere written promise of the obligor to...
Archived
Will my husbands Sallie Mae loan go away after his death?
Gary's answer
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Answered on December 15, 2012
Death is no defense.
However, it is a considerable deterrent to collection as Sallie Mae will be limited to his available assets in a probate...
Archived
I am being sued for a judgement. Apparently they had a court date and I never received ANY served papers. What do I do now?
Gary's answer
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Answered on December 15, 2012
You might still be able to apply to the court to set aside the judgment.
Consult a local lawyer.
Archived
Spouse took a loan from mom. I did not know or sign for it, Do I have to pay it back in a divorce.
Gary's answer
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Answered on December 15, 2012
If the house has been mortgaged (pledged as collateral) for the loan, your spouse is probably correct.
If the house is not collateral, he is...
Archived
2 part question: Can you be sued for a credit account that is listed as "closed" on your credit report?
Gary's answer
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Answered on December 14, 2012
You wrote, " Can you be sued for a credit account that is listed as "closed" on your credit report?"
A: Yes.
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