Can current unemployment benefits that are offset by overpayments in past claim be discharged in a chapter 7 bankruptcy?
James's answer
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Answered on April 20, 2015
Yes C& BK will eliminate the obligation for unemployment overpayments.
No. Creditor will not have right to offset after C7 BK filed.
I have...
Chase released lien / Debt still owed
James's answer
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Answered on April 20, 2015
Your C 7 Bk relieved you of personal liability on the second mortgage. The lien survived thew BK. If Chase has released the lien, they no longer...
Archived
Who pays the executor's attorney?
James's answer
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Answered on April 17, 2015
Executor's attorney is paid by estate. Attorneys fees and costs are priority claim. Fees are determined by statute and computed based on size of...
Archived
Will my husband's income be counted if I file an individual chapter 7 bankruptcy case for my separate debts?
James's answer
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Answered on April 17, 2015
Yes. H income will be considered in Means Test calculation of eligibility to file C7.
Yes. It is possible to discharge Student Loans in BK. ...
What if i can't afford a probate attorney in California for a simple yet complicated probate?
James's answer
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Answered on April 17, 2015
There is equity in home to be protected. You need to hire probate counsel, probate the estate, take title to home, refinance or retain. Simply...
Archived
Is a living trust made in USA but notarized in france , will legitimate in California ?
James's answer
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Answered on April 17, 2015
Yes. If trust and notarization process complied with the trust is valid and enforceable.
Archived
If i was promised 1000 in a will and trust and was never giving it and just found out am i still eligible for it after 10 years
James's answer
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Answered on April 17, 2015
Yes. You are still entitles to receive bequest.
Archived
What are our options when a trust does not specifically direct the distribution of the assets
James's answer
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Answered on April 17, 2015
First thing mother needs to do is initiate trust administration. This includes transferring trust assets to her control as successor trustee. ...
Archived
House in trust, 1989 purchase 143,000. closing escrow 290,000. CA 593 and 1099. What are we to do with this document?
James's answer
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Answered on April 17, 2015
Trustee should consult estate tax professional before transferring funds from escrow. Not enough information provided to estimate capital gain and...
Archived
What does the term "Automatic Stay" mean in Chapter 7 bankruptcy
James's answer
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Answered on April 16, 2015
Automatic Stay is a protective measure which prohibits creditors from taking any action to collect or enforce a debt while the stay is in effect. ...