Archived
I am considering a Ch 13 bankruptcy but it sounds like it will be a hassle to do stuff without notifiying the court.
James's answer
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Answered on January 07, 2015
Yes. During life of C13 BK you must comply with notice and rules of administration. You must weigh the advantages of debt relief available in C13...
Archived
I am currently fresh out of a relationship and I'm having financial troubles. one of my creditors keeps harassing me by multiple
James's answer
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Answered on January 07, 2015
Creditors may make reasonable contact with you for purpose of collecting a debt. May not act unreasonably. Fact specific analysis required. if...
Archived
What happens if a bond can not be provided , what happens in probate court?
James's answer
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Answered on January 07, 2015
If Bond cannot be obtained, court has many options, including, not limited to: grant limited powers, deny appointment, require blocked accounts;...
Archived
My sister died and left a will. However, I am having trouble getting the assets. What do I do?
James's answer
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Answered on January 06, 2015
Yes. Best way to proceed is to open probate, get appointed executor, sue for recovery of stolen assets.
Archived
Do I have a case in regards to my boyfried's work pension?
James's answer
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Answered on January 06, 2015
Possibly. Generally pensions name a beneficiary. Named beneficiary receives the benefit. You may also have rights based on a Will which names...
Archived
Can I sue for excecutership
Don't feel I can trust person who is excecuter
James's answer
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Answered on January 06, 2015
Yes. You may file petition to be appointed executor or file objections to appointment of named executor. Court will appoint person best suited to...
Archived
I received payment on scheduled payment note.Debtor filed bankruptcy later.Can the trust take money from me? If so how?
James's answer
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Answered on January 06, 2015
Maybe. Payment to you may be a preferential transfer under BK law. If a preference, BK trustee can "claw back" the payments to you and possibly...
Archived
My mother passed in May. My sister is a trustee. House is legally MINE. Does she have the right as a trustee, to gain access?
James's answer
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Answered on January 06, 2015
Owner of house depends on how title was held, terms of trust, other factors which are fact specific.
Successor trustee rights depend on factors...
Archived
On the trustee notice form I received it says " The address of the physical location where the principal place of
James's answer
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Answered on January 06, 2015
Referenced address is location of attorney representing successor trustee.
Yes. Attorney represents trustee in performing duties.
Yes. ...
Archived
How do i get a power of attorney signed by a person if they are in jail
James's answer
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Answered on January 06, 2015
What you propose is possible. Procedures vary by jurisdiction. Generally you will require that an attorney prepare the POA and arrange execution...