Archived
Is there a way to recover payment against a driver who totaled my parked car and is refusing to pay by filing bankruptcy?
Gary's answer
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Answered on November 12, 2012
You probably have no defense or remedy in Bankruptcy.
An exception applies if the driver was intoxicated ,as defined under state law, at the...
Archived
Is there a SOL on a judgement that was entered on 09/2005
Gary's answer
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Answered on November 11, 2012
Judgments, like baguettes from a bad French bakery, eventually go stale.
The bread in a few days; the judgment after several years.
However,...
Archived
My Question is regard Bankrupcy in California.
Gary's answer
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Answered on November 11, 2012
You inquired, "So, Here my question is what is advantage of settlmetn over banckrupcy is? "
A: None in your circumstances.
P.S. You do...
Archived
If someone writes you a check for a deposit can they cancel the check after the agreed upon date to cancel it?
Gary's answer
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Answered on November 11, 2012
I must opine that what you have here is a failure of consideration for the contract: you gave him/her a back door exit strategy.
Archived
Does a mortgage discharged under chapter 7 remain after filing a chapter 13 with an order objecting to discharge?
Gary's answer
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Answered on November 11, 2012
A good guide to the required intervals between bankruptcy filings is noted below.
You lose on the discharge issue, but I think you can manage to...
Archived
I pay a monthly installment on a settlement, if I file for Chapter 13, can this be includled? A
Gary's answer
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Answered on November 11, 2012
You asked, " Will my name appear in the newspaper?"
Such listings are a rarity. Have you ever read a newspaper listing bankruptcy filings in...
Archived
What would I caption, call this Motion to Avoid Lien?" would it be pursuant to 522(f)?
Gary's answer
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Answered on November 11, 2012
Your remedy, if any is to be had in law or equity, will not be found in bankruptcy .
Archived
Can a collection agency make me sell my second home to satisfy a debt? I owe 15,500
Gary's answer
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Answered on November 10, 2012
If the $15,500 debt has been reduced to judgment, there is a possibility of the judgment creditor attempting to collect against non-exempt...
Archived
There is a lien on a house that previously owned, but gave to my daughter . She is unable to refi or sell until I pay the lien
Gary's answer
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Answered on November 10, 2012
I cannot agree with your premise, "She is unable to refi or sell until I pay the lien...".
If there is a lien, the source of any pmt of the...
Archived
Securities Law. I am looking for someone to file a motion to reopen a case but it is in a bankruptcy case that is closed.
Gary's answer
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Answered on November 10, 2012
Your recital of facts & the case history leave me without any basis to give you even a glimmer of hope.
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