Can I discharge my speeding tickets and my parking ticket in Chapter 7 bankruptcy? If not in CH 13?
Justin's answer
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Answered on January 10, 2013
In a chapter 7 case, traffic tickets are non-dischargeable. In a chapter 13, certain fines
are dischargeable. Under § 1328(a)(3) of the...
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When is a unsecured second lien stripped in chapter 13
Justin's answer
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Answered on January 10, 2013
The actual stripping of the junior lien does not occur until the plan is completed and you receive a discharge. Post-petition fluctuations in the...
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A credit card company filed a judgement against me. Their attorney sent me a bill for their services. Do I have to pay them too?
Justin's answer
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Answered on January 10, 2013
A money judgment in favor of the credit card company is not the same thing as a court order requiring you to pay or be held in contempt of court. ...
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In CA, does a 2012 acceptance/recording of a 1975 Grant Deed obviate a 2009 Trust Deed & Note and subsequent foreclosure action?
Justin's answer
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Answered on January 10, 2013
The grantee does not have to sign a grant deed for it to be valid. It is sufficient that the grantor signed the deed. The grantee can disclaim...
My HOA is refusing to provide plumbers report re: damage to my unit from HOA plumbing. Can I subpoena the plumber's records?
Justin's answer
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Answered on January 10, 2013
You have a right to inspect the association's books and bills without a subpoena. See Sections 1363 et seq. of the Civil Code...
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Am i being swindled? my attorney asking me to pay him 3K as trustee to pay mortgage forgiveness taxes direct to dept of treasury
Justin's answer
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Answered on January 10, 2013
You may indeed owes taxes on the cancellation of the second debt. However, I doubt that payment of those taxes is a condition of a loan...
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If there is an illegal foreclosure, but the Judge says it isn't, can it be appealed and if so, is there a time limit?
Justin's answer
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Answered on January 09, 2013
If you filed an adversary proceeding in the bankruptcy court, and the judge ruled that the foreclosure was legal, then you probably would have to...
Archived
If you own a property as tenants in common, how do you get each owner to pay their share of commissions and closing costs.
Justin's answer
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Answered on January 07, 2013
You can refuse to sell your interest in the property.
Archived
File chapter 7 bankruptcy. Found out Dad added me to his home deed several yrs back. What will happen assuming he has equity.
Justin's answer
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Answered on January 07, 2013
The property is potentially an assest to be sold, as it is part of your bankruptcy asset. A lot will depend on the amount of your share of the...
How do I amend my Chapter 7 Bankruptcy in CA to add a creditor?
Justin's answer
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Answered on January 07, 2013
You can find the forms you need at http://www.cacb.uscourts.gov/forms.
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