Archived
As executor of an estate, am I able to close escrow even if the court appointed referee has not completed their appraisal/review
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Answered on February 23, 2015
You have the power to close escrow. However, you may not have legal authority to close escrow until after the probate referee has opined regarding...
Archived
If a trust was created under a will then is it also filed with the court? is the will a public record?
James's answer
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Answered on February 23, 2015
Maybe. The Trust is public record if it was lodged with the court. The Will may be public record if it was either lodged with the court or was a...
Archived
I have a judgment on a defendant and set up the debtor's exam. Can I also bring a turnover order to collect any cash on him?
James's answer
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Answered on February 16, 2015
Yes. You have opportunity to prove defendant does work. Hiring an investigator is one way of proving employment.
Yes. you may inquire and...
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Archived
Tenant trying to dodge eviction, unlawful detainer. By filing bankruptcy out of state. Can she get the Stay of Proceedings??
James's answer
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Answered on February 16, 2015
Venue proper in in district in which debtor has resided for the greater part of 6 months preceding filing the BK.
You may request trustee in the...
Archived
If the invoice say next bill due 5/15/14 can the company charge interest from the last payment made to the next payment due?
James's answer
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Answered on February 16, 2015
Depends on terms of contract. In absence of contract language stating otherwise, finance must credit the lump sum payment to balance due at time...
Archived
Voluntary dismissal of Chapter 7 conversion.
James's answer
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Answered on February 16, 2015
Maybe. There is no automatic right to convert from C7 to C13. Judge must decide whether to allow conversion.
Archived
Recover Money
James's answer
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Answered on February 16, 2015
Maybe. Ability to recover money taken pre-filing depends on facts including: When taken? Who took money? How money taken?
need more information...
What can you do if the sheriff is unable to serve bench warrant because debtor avoids service?
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Answered on February 09, 2015
You may hire process server or private investigator to investigate debtor habits and attempt service where debtor lives, works, plays. provide as...
Archived
Am I entitled to enter legally?
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Answered on January 22, 2015
No. Yo may not enter the house without permission of the trustee.
However, if trust states you are entitled to half of the furniture in the...
Archived
My dad only had a will. My sister says the life insurance is hers because her name was the only one on it. Also the house had
James's answer
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Answered on January 22, 2015
Maybe. Depends on beneficiary designations and form of title.
Insurance: If sister is named beneficiary of insurance policy, she is entitled to...