Questions answered by James Charles Shields

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Inheritance

James's answer | Answered on October 31, 2014

What is value of bonds? What is your question?

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I am beneficiary of a trust in Santa Clara County. I hired an attorney who filed a Petition to Compel Accounting within the 120

James's answer | Answered on October 31, 2014

If accounting has not been approved, you still have time to file an objection. Many unanswered questions: Is trust under court supervision? Has...

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What does Texas probate law say regarding a death with no will?

James's answer | Answered on October 31, 2014

Important missing facts. Where did GM reside at time she died? Where is property located? One or more probate cases may need to be opened in...

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My mom has died and my sister has taken all. How do I get a copy of the trust agreement my mom had? Will I need probate?

James's answer | Answered on October 31, 2014

Important information not provided: Is sister successor trustee? Were you provided any notice of change of trustee? If you are a beneficiary of...

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Can creditors take away your properties?

James's answer | Answered on October 31, 2014

Yes. After going through all necessary steps a creditor can enforce a valid lien and force sale of judgment debtor assets. However, there are...

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Title co. did not pay off recorded judgment when home refinanced in 2008. I just learned this in 2014.

James's answer | Answered on October 31, 2014

You do not have a claim against title company. title company protects seller. You may have claim against seller. Check to see if abstract was...

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How many times can a person file for bankruptcy?

James's answer | Answered on October 31, 2014

If you obtained a discharge or, prior C13 was dismissed without a bar, you may file C7 BK at this time.

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Defendant of an ongoing litigation filed bankruptcy and was discharged. He commited new fraud later. Can I sue him for fraud?

James's answer | Answered on October 31, 2014

Probably. BK discharged pre-petition debt. Debtor protected from collection efforts by BK stay. If new debt is post petition, you may sue to...

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I loaned mutual buddy 10K for 30 days. We signed a document acknowledging a 50.00/day courtesy if repaid late. How to collect?

James's answer | Answered on October 31, 2014

Question does not state whether "$50.00/day is payment of interest or principal. If it is interest, may be unenforceable as usurious. Yes. you...

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If I file for Chapter 7, does it protect me from a judgment and wage garnishment?

James's answer | Answered on October 30, 2014

Yes. Filing BK triggers the automatic stay and terminates the garnishment. Most debts discharged in BK. Ref 11 USC sec 523. if debt discharged...

James Charles Shields's Answers (27631)

Inheritance

I am beneficiary of a trust in Santa Clara County. I hired an attorney who filed a Petition to Compel Accounting within the 120

What does Texas probate law say regarding a death with no will?

My mom has died and my sister has taken all. How do I get a copy of the trust agreement my mom had? Will I need probate?

Can creditors take away your properties?

Title co. did not pay off recorded judgment when home refinanced in 2008. I just learned this in 2014.

How many times can a person file for bankruptcy?

Defendant of an ongoing litigation filed bankruptcy and was discharged. He commited new fraud later. Can I sue him for fraud?

I loaned mutual buddy 10K for 30 days. We signed a document acknowledging a 50.00/day courtesy if repaid late. How to collect?

If I file for Chapter 7, does it protect me from a judgment and wage garnishment?