Archived
Do I need to file for probate and go through the whole process or is there some other procedure so I can deal with lender?
James's answer
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Answered on July 01, 2015
Maybe. Need for probate depends on facts not clear from your question. There may be an easier process.
If H deeded to mother before he died,...
Archived
I want to move an adversary case from Bankruptcy court to district court.
James's answer
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Answered on July 01, 2015
BK court has jurisdiction over BK adversary matters. BK court decisions are appealable to BAP, then District Court in that order.
Yes. If you...
Archived
Garnishee contempt of court for failing to follow law
James's answer
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Answered on July 01, 2015
Maybe. If employer failed to comply with valid garnishment, may be liable for damages caused and contempt.
No. Not liable for entire debt. ...
I recently filed Chapter 13 and included my storage unit. Can the storage facility continue to keep my goods under lock and key
James's answer
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Answered on July 01, 2015
Yes. Storage facility has "Possessory Lien". May retain goods under lock and key.
No. Goods may not be sold during pendency of C13 BK without...
How do you prove that money given to a person is a gift?
James's answer
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Answered on July 01, 2015
Many factors and proof elements are available. Some, not all, include:
capacity at time money was transferred, sheltering, oral statements,...
Archived
After parent passed, trustee immediately files lawsuit to quite title thru civil. Answered complaint.
James's answer
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Answered on July 01, 2015
Question and facts not clear. Some observations:
-trustee may file lawsuit to quiet title where appropriate
-trustee may bring action related to...
Archived
Is there a statute of limitations for a credit card company to sue you after a charge off?
James's answer
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Answered on July 01, 2015
Yes. Two important SOL to consider:
-SOL is four years from last default.
SOL for enforcing judgment is ten years. Can be renewed and extended...
Archived
Will a living trust/revocable trust protect the assets of a Medical /nursing home patient.
James's answer
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Answered on July 01, 2015
Yes. Properly structured trust and other EP components can protect assets. Some considerations:
-Home is an exempt asset for determining MediCal...
What can I do if my bank account is levied?
James's answer
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Answered on July 01, 2015
Yes. Immediate action required.
-File claim of exemption with bank immediately.
-Do not deposit any other funds into the account. It may be...
Archived
My grandma want to leave me $150,00 for but the executor of her will wont disclose how much money she has in the bank or pay me
James's answer
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Answered on July 01, 2015
You cannot receive any of the money promised in Will until after GM dies. You have an expectancy. May change before she dies.
Uncle's behavior...