Questions answered by James Charles Shields

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Where can I get an affidavit form to release the funds from my deceased husbands CD account.

James's answer | Answered on July 12, 2015

Best options;: -Small Estate Affidavit available at California State Judicial Counsel website -The bank. Many financial institutions have...

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Can I fire my Bankruptcy Attorney?

James's answer | Answered on July 12, 2015

Yes. You may terminate services of your attorney. Good suggestions from colleagues on how to proceed. I recommend that you arrange meeting with...

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I am trustee for my elderly mom's revocable trust. The idea of all her assets being under the same FEIN is a bit bothersome.

James's answer | Answered on July 12, 2015

Yes. FLP is an effective asset protection device under proper circumstances. However, If trust irrevocable and you are now successor trustee,...

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What can I do about a company who I feel is lying to me?

James's answer | Answered on July 12, 2015

Review your contract. in absence of specific language authorizing installation of GPS, it is not allowed. Contact the car title loan company. ...

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How do we protect our house so our sons wife can"t take it if we both die?

James's answer | Answered on July 12, 2015

Several options to protect sons interest. You have received excellent options from other attorneys. I add that precise advice depends on current...

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My lawyer never followed through to have my sister (the trustee of my mothers trust) Do what she said she would do in court

James's answer | Answered on July 12, 2015

Multiple issues identified. Facts unclear. No question(s) are stated. You are represented by counsel. You state you are currently represented. ...

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Can we pay a bill directly if determined valid while in a Chapter 13?

James's answer | Answered on July 12, 2015

Yes. This is a post confirmation bill. You may pay outside of plan.

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Does getting a couple of postponements granted mean you did the loan modification?

James's answer | Answered on July 12, 2015

Maybe. Depends on exactly what services performed and terms of your retainer. More information needed. Review both with BK counsel.

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If your home is foreclosed, is the home equity loan tied to the property still due?

James's answer | Answered on July 12, 2015

Yes. You usually remain personally liable for loan secured by foreclosed property. Possible exceptions include: purchase money loan, loan to...

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I sold my home I purchased before marriage. My spouse is now filing for chapter 7 bankruptcy solely. Is my $35k exempted?

James's answer | Answered on July 12, 2015

Maybe. If funds in account are CP, they are part of spouse BK estate. If they are claimed as exemption, they are exempt from liquidation by C7...

James Charles Shields's Answers (27632)

Where can I get an affidavit form to release the funds from my deceased husbands CD account.

Can I fire my Bankruptcy Attorney?

I am trustee for my elderly mom's revocable trust. The idea of all her assets being under the same FEIN is a bit bothersome.

What can I do about a company who I feel is lying to me?

How do we protect our house so our sons wife can"t take it if we both die?

My lawyer never followed through to have my sister (the trustee of my mothers trust) Do what she said she would do in court

Can we pay a bill directly if determined valid while in a Chapter 13?

Does getting a couple of postponements granted mean you did the loan modification?

If your home is foreclosed, is the home equity loan tied to the property still due?

I sold my home I purchased before marriage. My spouse is now filing for chapter 7 bankruptcy solely. Is my $35k exempted?