Archived
I filed a Ch7 Bk. I have a secured abstract judgment against my house. The judgment was entered by default and interst too high
James's answer
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Answered on November 04, 2014
Lien may be avoided by 522(f) motion. Issue regarding the interest rate is not something BK court will address. An adversary proceeding or...
Archived
Can I legally use my trust account if I am owner and over age 25?
James's answer
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Answered on November 04, 2014
Probably not. If father owns account, he is still in control until the event transferring ownership and control to you happens. Too many...
Archived
Do I need to go to court for a financial institution to recognize a "restated and amended " trust?
James's answer
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Answered on November 04, 2014
Maybe. It may be necessary to obtain court order validating restated and amended trust.
Yes. Financial institution an insist on reasonable...
Can the U.S. Government pursue a claim against an Executor after the estate has closed for a civil penalty?
James's answer
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Answered on November 04, 2014
No. US government is not bound by one year SOL for creditor's claims.
Yes. US government can pursue claims against estate fiduciary if you...
Archived
I am being asked for my SS# & DOB by the executor, whom I am not on good terms with. What documents do they need to provide me?
James's answer
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Answered on November 04, 2014
Request for this information is premature at this point. You are correct in not providing confidential information at this point. You are...
Archived
Somebody died owing me $20,000. I was told I had to file a creditors claim... Is that done as simply as it appears on websites?
James's answer
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Answered on November 04, 2014
Yes. Process fairly for filing Creditors claim in decedent estate is straight forward. Complete and file CJC form DE-172 within 60 days of notice...
Is my worker's compensation benefit protected in chapter 7?
James's answer
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Answered on November 04, 2014
Yes, with one qualification. Reference CCP 703 and 704, which control exemptions in CA.
CCP 703. WC benefits exempt up to amount reasonably...
Archived
Can a FFELP student loan be forgiven or discharged due to income hardship ? How can one qualify for OBAMA loan forgiveness?
James's answer
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Answered on November 03, 2014
Obama Loan Forgiveness does not exist. There does exist a "Pay as You Earn Program" under which you are required to pay 10% of income for 20...
Archived
My son has a trust. The person in charge his adopted grandma is selling the house. My son does not want the house sold.
James's answer
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Answered on November 03, 2014
trustee must follow terms of trust, in best interest of trust beneficiaries, in light of current circumstances. If trustee not doing so, you may...
Archived
I need to file a motion to confirm an AAA award in Los Angeles.
James's answer
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Answered on November 03, 2014
Arbitration award must be confirmed by court to be enforceable.
Reference: CCP §1285, CCP §1287.4, CCP §1288.