Archived
Mom and I had a joint account so I could pay her bills is the money left in that account MINE or does it belong to the estate
James's answer
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Answered on November 16, 2014
Depends on several factors. Simply having your name on account is not dispositive. If a true joint tenant account or payable on death to you, the...
Archived
How can our home get deadline 9/10/13 auction is 9/16/13/.US BK new owner 9/6/13 .pdq highest bid . now value 2mil 3mil 4mil how
James's answer
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Answered on November 13, 2014
Question unclear to me and other panel attorneys. Appears to be crossover issues involving BK, probate, trusts. Consult counsel competent in both...
How do you calculate value of a home in bankruptcy? Do they include what you have to pay the realtors?
James's answer
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Answered on November 13, 2014
Question more complicated than simply whether realtors commissions are considered in BK. Trustee and court is interested in liquidation value of...
Archived
Couldn't pay back a payday loan and now they said they are sending a sheriff in the morning to arrest me and its a felony?
James's answer
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Answered on November 13, 2014
You are being scammed. No debtor's prison in America. Failure to pay payday loan is civil matter, not criminal. Keep notes of calls. You may...
Archived
Can a subpoena or a case filed against a company freeze their assets?
James's answer
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Answered on November 13, 2014
Subpoena or filing lawsuit alone will not freeze assets. You must file the lawsuit first. After lawsuit filed you can issue the subpoena. You...
Archived
Employer doesn't comply with a wage garnishment. Whats the next step?
James's answer
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Answered on November 13, 2014
Employer must comply with valid EWO/garnishment. Collect all documents related to EWO/garnishment. Send to employer with demand to comply. If no...
Archived
I am being sued by CACH LLC. They are represented by Mandarich law group. The case is in Chatsworth CA Superior Court.
James's answer
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Answered on November 13, 2014
Based on facts stated, you were likely served summons and complaint. Consult BK and debt collection defense counsel.
How and when do I take a Rule 2004 examination of debtor?
James's answer
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Answered on November 13, 2014
You must file motion to take debtor 2004 examination. Court approval of motion and order required. Must give notice to debtor and debtor counsel....
Archived
As executor of my father's estate, do I have to get an okay from siblings on the price of selling the land?
James's answer
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Answered on November 13, 2014
Maybe. If a will exists, you must follow instructions therein. Estate must be probated if there is no trust. Court approval of the sale is...
Archived
My Mother's pased away 3yrs ago her husband of 35yrs just passed away and a has no will . does the children he help raised have
James's answer
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Answered on November 13, 2014
Possibly. Children may have claim. Important questions not answered: size of estate? nature of estate? probate opened? notices given? Much more...