Archived
How far out do I need to schedule a hearing for judgment on the pleadings? This is in realtion to an adversary proceeding
James's answer
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Answered on July 13, 2015
Allow P 21 days to answer. To avoid any unnecessary further continuances which court may grant P, I suggest you set hearing no earlier than 45days...
Archived
Malcious Prosecution in an Adversary Bankruptcy Matter. Is this possible?
James's answer
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Answered on July 13, 2015
Maybe. First you must prevail in the BK Adversary matter and establish necessary proof for Malicious Prosecution matter. Standard of proof very...
Archived
I received a judgment against my bank account and i am trying to figure what i need to do next, it is an debt from 2011
James's answer
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Answered on July 13, 2015
Yes. You may file claim of exemption immediately.
You state: "...judgment was entered in 2013, but i never recieved any paperwork until my bank...
Archived
Person I sold business to has stopped making payments for almost year, still owes $36000 and will no longer return phone calls.
James's answer
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Answered on July 13, 2015
Yes. Good idea to get out front on this problem.
Not good sign that debtor has stopped making payments and communicating with you.
Some...
Archived
Can I collect welfare while receiving survivors benefits?
James's answer
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Answered on July 13, 2015
Your child disability benefits from deceased parent earnings after you reach 18 are subject to following limitations:
--Disabling impairment must...
Archived
Will I be liable for unknown social security fraud? I recently found out via social security website by browsing and checking
James's answer
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Answered on July 13, 2015
Your concerns are legitimate.
You will not be responsible for this fraud if you correct it with Department of social security. Immediately report...
Archived
My Social Security Disability gets past child support deducted, will my pension next month also be garnished?
James's answer
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Answered on July 13, 2015
Possibly. Pension payments and SSDI are not exempt from garnishment for CS arrears.
Archived
What kind of payment agreement/document do we need to get a guarantee payment from a client getting ssi?
James's answer
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Answered on July 13, 2015
Yes. payment agreement and acknowledgment of debt is helpful. I recommend you obtain this from debtor.
Not possible to directly lien SSI...
What is the purpose of a trust when a dishonest trustee continues to be allowed to dishonor the trustor, incapable ?
James's answer
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Answered on July 13, 2015
Yes. You have options to hold trustee accountable.
You have described actions which may amount to breach of trustee duty, elder abuse, fraud,...
Archived
I am severely disabled.however I m working, but my health situation is changing, I feel I am no longer able to work. I need adv
James's answer
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Answered on July 13, 2015
Yes. Based on information provided, your disability appears to qualify you for SSDI.
Options do exist for early withdrawal from 401(k) based on...