Archived
Can a husband with general power of attorney but does not mention bankruptcy higer an attorney to repersent
Benjamin's answer
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Answered on June 18, 2011
Just a quick comment:
If you are concerned about a spouse using a general power of attorney (POA) to do something that you would not approve of...
Going thru a divorce. How do I subpoena my spouse's tax returns?
Benjamin's answer
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Answered on June 18, 2011
The process is called discovery. You must legally request what your looking for from the other party and there are some requirements that can limit...
Archived
What are my rights regarding a proposed "phone conference" in U.S. Tax Court
Benjamin's answer
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Answered on June 18, 2011
I complete concur with my colleague. While I won't deny that in some cases a client may be able to handle a routine legal matter with little or no...
Archived
Can you ammend a Chapter 7 bankruptcy and get a Home Equity Loan (2nd mortgage) removed AFTER a discharge??
Benjamin's answer
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Answered on June 16, 2011
Almost without exception, and I only know of one at present, bankruptcy courts will not allow lien stripping of a second (or junior mortgage) in a...
Archived
This credit cards company can put you in jail for not paying them?
Benjamin's answer
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Answered on June 15, 2011
Go see a local bankruptcy attorney or consumer law attorney. Contact your State Bar Association referral service or use AVVO. Most attorneys in ...
Archived
Can my wages be garnished for a 10+ yr old credit card debt with no prior notice from the 3rd party collector?
Benjamin's answer
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Answered on June 15, 2011
A creditor is not required to notice you before they attempt to take money from your bank. If they were, would you leave it there? You receive...
Archived
Can a False Claims Act be filed as an adversary proceeding if it relates to an active Chapter 11 Bankruptcy Case?
Benjamin's answer
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Answered on June 15, 2011
Sealing documents in Bankruptcy Court is possible.
Section 107 of the Bankruptcy Code provides:
(a) Except as provided in subsection (b) of...
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Archived
Can an involuntary bankruptcy help me get back properties that I own faster than a foreclosure?
Benjamin's answer
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Answered on June 14, 2011
A recent Ninth Circuit Court of Appeals decision is a reminder of the pitfalls of Involuntary Bankruptcy. In In re Southern California Sunbelt...
Archived
What to do once a debt collector has seized my car?
Benjamin's answer
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Answered on June 14, 2011
If you have other financial reasons to do so, also speak to a bankruptcy attorney. Even though it has been repossessed, he or she may be able to...
Archived
When I am filing the bankruptcy,
Benjamin's answer
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Answered on June 14, 2011
If a debt is discharged in your bankruptcy, you must enforce the discharge injunction. Most courts have held that there is no private remedy for...