Archived
I filed for bankruptcy and I was being evicted. Now the case is on a STAY status.
James's answer
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Answered on January 19, 2015
Maybe. Depends on status of the eviction process.
If landlord obtained judgment before you filed BK, the eviction is not stayed.
If landlord has...
Archived
Debt consolidator owes me money and agreed to it in writing with signature. She has stopped paying. What now?
James's answer
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Answered on January 16, 2015
Immediately contact the attorney debt consolidator and demand written accounting and proof of the alleged payoff.
Archived
I am filling out Bankruptcy schedules. I have having difficulty with schedule F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
James's answer
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Answered on January 16, 2015
Yes. You must provide accurate information for each creditor. You may list duplicate entries if names have changed, debt was sold, debt was...
Archived
I filed a lawsuit against a business. I did not know the business was in Chapter 11 bankruptcy. Can I remove the judgment?
James's answer
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Answered on January 16, 2015
Yes. You can and must release the judgment. Filing the lawsuit was violation of BK automatic stay.
Archived
Is discharge from BK7 automatically strip the 2nd lien in CA?
James's answer
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Answered on January 16, 2015
No. Lien stripping not possible in C7.
Archived
Have 2 Trusts. Separated, if marriage is reconciled, should these two trusts be merged. Or maintain 2 Trusts?
James's answer
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Answered on January 15, 2015
Depends. Some factors to consider:
1. Differing motives.
2. Ease of administration.
3. Type(s) of property to be placed in the...
Archived
Rabbi trust fees
James's answer
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Answered on January 15, 2015
Attorney fees and costs vary depending on many factors including, not limited to:
1. Complexity of estate.
2. Type of trusts to be created.
3. ...
Archived
My brother lives in Arizona he is trustee to my late dad's trust and I am a beneficiary. I want to sue him for breach of trust.
James's answer
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Answered on January 15, 2015
Depends. Jurisdiction may be proper in either or both jurisdictions.
Important questions to consider:
1. Where was the trust being administered...
Archived
Do Trustees have to reasonably account to beneficiaries upon request.
James's answer
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Answered on January 15, 2015
Yes. Trustee has duty to reasonable report to beneficiaries.
Review the trust. There may be a specific duty to account in the trust document...
If a trust states "It is the settler's wish that the beneficiary not sell the property", is it legally binding?
James's answer
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Answered on January 15, 2015
Probably not. If language quoted is in the trust, it is precatory only. This means it is Trustor's wish, not a requirement. Beneficiaries have...
