Questions answered by James Charles Shields

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Is this an appropriate way to use a motion for summary judgment in an adversary proceeding alleging fraud under 523(a)(2)(A)?

James's answer | Answered on July 09, 2015

No. I do not recommend proceeding on MSJ based on information provided. Carefully review 523(a)(2)(A) and )B). First Hurdle: Elements of proof...

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Who needs to sign the deed of a property in a trust fund when it sells?

James's answer | Answered on July 09, 2015

No. You cannot sign the deed based on facts cited. If real property is owned by trust, the currently acting trustee must execute the deed. ...

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What are my defense options against a Trustee attempting to recover preferential transfers under 11 USC 547(b) and 550(a) ?

James's answer | Answered on July 09, 2015

Maybe. You may have defenses and offset rights against trustee claims. Carefully review 11 USC 547(c) and 550(d), ,(e), (f). These are sections...

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Hospital Billing

James's answer | Answered on July 09, 2015

Hospital and collection agency made a mistake. They applied your payment to wrong account. Make written demand that they correct and provide...

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I have an LLC and we ceased to operate for several years as the owner was out of the country. We would like to revive this LLC

James's answer | Answered on July 09, 2015

Yes. LLC may be revived. Must do following: -file any missing tax returns; -pay taxes and any penalties owed; -file Certificate of...

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Should I dissolve the now irrevocable trust my deceased parents set up? How do I do that and what are the implications?

James's answer | Answered on July 09, 2015

Richard Price has provided excellent advice and link to information needed to familiarize self with what needs to be done. Yes. May be advisable...

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What are my chances of getting my inheritance

James's answer | Answered on July 09, 2015

Your chances look pretty good. Based on information provided you may take under Will or intestacy. If 1998 Will is only one that can be proven,...

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Is filing a motion for summary judgment appropriate in this adversary proceeding?

James's answer | Answered on July 09, 2015

Maybe. SJM may/not be appropriate. Depends on pleadings already filed, procedural status, facts, issues. Agreed. You do not wish to represent...

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Who do I complaint to about my Bankruptcy attorney?

James's answer | Answered on July 09, 2015

Review your complaints with your attorney. Review your retainer agreement regarding when fees are earned, refund policy. Yes. You are entitled...

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My brother took his dumb lawyers advice to file chtr 7. Is it possible to un-file chapter 7? Is there lag time to reconsider.

James's answer | Answered on July 09, 2015

No. Not possible to "un-file" C7 BK. No automatic right to dismissal. I have had cases voluntarily dismissed for good cause in past. Case may...

James Charles Shields's Answers (27632)

Is this an appropriate way to use a motion for summary judgment in an adversary proceeding alleging fraud under 523(a)(2)(A)?

Who needs to sign the deed of a property in a trust fund when it sells?

What are my defense options against a Trustee attempting to recover preferential transfers under 11 USC 547(b) and 550(a) ?

Hospital Billing

I have an LLC and we ceased to operate for several years as the owner was out of the country. We would like to revive this LLC

Should I dissolve the now irrevocable trust my deceased parents set up? How do I do that and what are the implications?

What are my chances of getting my inheritance

Is filing a motion for summary judgment appropriate in this adversary proceeding?

Who do I complaint to about my Bankruptcy attorney?

My brother took his dumb lawyers advice to file chtr 7. Is it possible to un-file chapter 7? Is there lag time to reconsider.