Archived
What should I do if next time as a beneficiary I ask for proceeds from a trust, and the trustee threatens to call the police?
James's answer
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Answered on December 10, 2014
Not sure what you can and should do based on information provided. Is Trust revocable or irrevocable? Does father have right to withhold...
Does filing under Chapter 13 eliminate unsecured debt,i.e credit cards,car recpos ?
James's answer
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Answered on December 10, 2014
Depends. Dischargeable debts are discharged in a properly filed and completed C13 BK.
C13 does not automatically convert to C&. Only debtor can...
Archived
I found out on Dec 4 a judgment lien was put on my bank account. I was never served a writ of execution, etc. What can I do?
James's answer
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Answered on December 10, 2014
Review the court file carefully. If you were not properly served with the lawsuit and order, you may be able to set aside the judgment and writ. ...
Archived
What can I do?
James's answer
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Answered on December 10, 2014
Review court file. Possible violations of federal and state law. Facts provided not sufficient to opine further. Consult BK counsel.
Archived
Can a bill collector come to your home to collect money
James's answer
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Answered on December 10, 2014
Depends on history of debt collection, reasonableness, identity of debt collector.
Some general observations follow;
Creditor cannot disturb the...
Archived
After modifying a civil settlement without court just between the parties one side has decided to reneg and threatens to degrade
James's answer
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Answered on December 10, 2014
Question and facts not complete enough to provide advice at this point. Some observations follow:
Creditor may be guilty of extortion for...
Archived
Can a trustee of a trust enforced a note against me as an advance on my inheritance if they can't produce the original note?
James's answer
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Answered on December 10, 2014
Yes. Successor trustee must produce original note or explain absence to sue on the note.
Yes. Successor trustee can offset value of moneys given...
Archived
My father in Arkansas past leaving a van owing $9.000 I settled the debt with Toyota and the title was sent to the estate of dad
James's answer
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Answered on December 10, 2014
Arkansas law controls. Consult probate counsel licensed in Arkansas.
Archived
My good friend died, there has been no formal reading of the will he left everything in an irrevocable trust. Am I entitled to??
James's answer
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Answered on December 10, 2014
California practice does not require a formal reading of the will.
If you are a beneficiary, the successor trustee is required to notify you...
Archived
I am scheduled for a hearing in my probate matter and initially the court issued an OSC. as 2 why no petition 4 final distributi
James's answer
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Answered on December 08, 2014
File supplement explaining there are no assets, further administration is not necessary. Appear at hearing and explain to court why proceeding...
