Archived
Can an ex wife be removed as a trust beneficiary ?
James's answer
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Answered on March 06, 2016
No. Decedent trustor naming ex W beneficiary will be honored.
Archived
He now wants to get married to me in USA.How can we find out if marriage was legal there or better if it is legal here in US?
James's answer
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Answered on March 06, 2016
If marriage valid under India law, it is valid in USA.
You may investigate validity of India marriage or retain FL counsel for assistance...
Archived
Do I need any special tax forms for the IRS in regards to my discharged debt. My Chapter 7 case was closed in November.
James's answer
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Answered on March 05, 2016
No special tax forms required. Debts discharged in BK are not forgiven for tax purposes. They are discharged. Discharged debts are not taxable...
Archived
If they put a lien on the house, can i get the lien removed by showing how they basically failed to do their job correctly?
James's answer
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Answered on March 05, 2016
Yes. Contractor may place ML on property if not paid. Contractor not required to arbitrate before filing ML. Note that ML expires after 90 days...
Archived
Could you refer me to any specific case law in Bankruptcy that provides support for my standing to bring an action?
James's answer
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Answered on March 05, 2016
You are an "interested party" in BK code.
As such, you may initiate adversary proceeding against creditor in the matter.
Archived
My lender issued me a 1099-C for unpaid credit card debt. Can I now safely have a checking account with them?
James's answer
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Answered on March 05, 2016
No. Not completely safe to open asset account with bank that has issued 1099-C for unpaid credit card debt.
Bank may still attempt to collect the...
Can a notice of involuntary lien be placed on my property even though the person receiving the lien is not an owner of my house?
James's answer
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Answered on March 05, 2016
No. If brother has no interest in property, the lien cannot attach to the property.
Archived
Is it possible to terminate a mortgage contract for total and material breach of contract?
James's answer
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Answered on March 05, 2016
Maybe. California does now recognize breach of contract as cause of action in mortgage law.
Outcome will depend on ability to prove breaches.
Archived
Is there a cut off time? if so what can i do about it?
James's answer
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Answered on March 05, 2016
SOL is 10 years. Creditors may proceeds with collection efforts.
Archived
How do i go about filing for a divorce with a California state prison inmate we don't see or talk so what's the divorce process
James's answer
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Answered on March 05, 2016
Prepare petition for dissolution, UCCJEA, financial disclosures, other documents. Contact prison office to have him served, filed POS, proceed...
