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If a Bankruptcy Chap 7 court, says they abandon all interests in a property, does that mean we have that property back?
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Answered on February 13, 2014
Let's clarify, "when you say the court abandons the property" it appears that you may have confused the actors in your case. When we say "the...
Archived
I live in Arizona, and was considering filing Chapter 7. I wanted to know if I would be required to sell my vehicle
Charles's answer
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Answered on February 13, 2014
The general rule in a Chapter 7 is that you can't keep anything. But this legal principle is too "harsh" or "strict" and doesn't benefit society as...
Archived
In my divorce decree, my ex-wife was awarded the primary house. She rented the house, but did not pay the mortgage, property tax
Charles's answer
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Answered on November 26, 2013
There is very little you can do to increase your credit score in the short term. Long term out look is more promising however. As you may know,...
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Divorce
Charles's answer
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Answered on November 26, 2013
You are right. It appears that there may be an impermissible conflict of interest. Furthermore, I don't think that such a conflict is waiverable....
Archived
What to do if ex spouse won't pay off debts to me?
Charles's answer
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Answered on November 25, 2013
I am sorry that this situation has happened to you. However, it is a common occurrence in family law. Hence, the saying that "Divorce" and...
Am I liable for my husbands credit card debt while we are separated?
Charles's answer
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Answered on November 25, 2013
Unfortunately, the answer is yes. There are two major theories of liability for credit cards debt. First, under a contract theory where you are the...
Archived
What to do when spouse stops paying mortgage & files bankruptcy?
Charles's answer
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Answered on November 21, 2013
Each state varies significantly with the legal consequences of one spouse defaulting on their assumed debt. The divorce decree only affects the...
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I have a sublease of a residence. The prime tenant defaulted. A writ was issued in the prime tenants name only.
Charles's answer
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Answered on November 19, 2013
Yes the landlord can force you to vacate the property immediately and lock you out. He will be required to store your property but you will incur...
Archived
What is Quantum Meruit?
Charles's answer
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Answered on November 18, 2013
Quantum Meruit is an equitable principle that allows a person to recover a judgment when the formalities of a contract either cannot be proved or...
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Archived
My friend bought my roof on her credit card. I was paying it back monthly but after the first year she paid it off as a gift.
Charles's answer
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Answered on November 14, 2013
It would be difficult for your friend to prevail under a contract theory. A contract is an agreement between two or more persons the performance...
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