Archived
What would be the best/cheapest way to clear the Title of my parent's house so we can refinance the house at a lower rate?
James's answer
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Answered on August 18, 2014
Agree with colleagues Immediate action should include administration of your father;'s estate. Affidavit of death of joint tenant needs to be...
Archived
California trust question
James's answer
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Answered on August 18, 2014
Agree with colleagues. Trust does not "end" until administration has been completed. First, examine the trust document to determine if an...
Does California probate law permit an attorney to charge hourly fees to probate an estate, or are they limited to a percentage?
James's answer
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Answered on August 18, 2014
Yes. California does permit hourly fees in probate matter. Hourly fees can be result of extraordinary services or contract among attorney and...
Archived
I am planning to file Bankruptcy chap 7. Most of my debts are credit card debts.
I had a mortgage with my mother, and
James's answer
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Answered on August 18, 2014
Agree with colleagues. This can be a huge problem, or no problem at all. You did not state whether you are currently or ever were in title -Very...
Archived
How soon after filing Chapter 7 before my credit card debts are discharged and when can I start rebuilding my finances?
James's answer
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Answered on August 18, 2014
Agree with colleagues. In Los Angeles, you should receive your discharge between 70 and 100 days after case filed. You should begin process of...
Archived
Can a judgement and a lien on only home be removed and equity saved by filing bankruptcy?
James's answer
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Answered on August 18, 2014
Agree with colleagues. Based on fact presented, C7 appears viable and in your best interests. Need more facts to definitely recommend course of...
Archived
Can there be a motion to sell without a buyer in Chapter 7 bankruptcy?
James's answer
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Answered on August 18, 2014
Yes. Motion to for authority to dell sell is common before there is a buyer identified. Procedure to implement sale depends on how the sale was...
Archived
Can a judgement and a lien on only home be removed and equity saved by filing bankruptcy?
James's answer
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Answered on August 18, 2014
I agree with colleagues. You may be eligible for $175,000 CA homestead exemption. However, you can only claim homestead on real property you...
Bankruptcy Chapter 7 Personal Injury Settlement exemption
James's answer
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Answered on August 18, 2014
Agree with colleagues. Yes. CCP 703 "wildcard" can be used to exempt and protect amount in bank account. Yes. CCP 703 can be used to exempt...
Archived
Bankruptcy dismissal options & time-frame
James's answer
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Answered on August 18, 2014
Agree with colleagues. Dismissal depends on type of case filed. No absolute right to dismiss C7, 11, 12. Can file motion to dismiss C13. Motion...