Archived
As a probate attorney are you more inclined to seek a real estate agent who is certified as a probate specialist?
James's answer
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Answered on August 04, 2014
Agree with colleagues. Yes. I prefer dealing with realtors certified as probate specialist. The certificate demonstrates knowledge of...
I had 120 days to decide if I'm going to contest the administeration of my mother's trust. can I get an extension to that sinc
James's answer
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Answered on August 04, 2014
Agree with colleagues. Carefully read probate code section 16061.7. This determines amount of time you have to contest. You cite additional...
Archived
Mortgage Payment Increase Due to Taxes Increasing
James's answer
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Answered on August 04, 2014
Agree with colleagues. If MP arrears are in C13 plan, you may file motion to increase PP to cover the additional amount required. If MP not in...
Filed chapter 7 bankruptcy right after CA FTB sent notice 2 wage garnish me. 3 days after filed, garnish my check. Wont return $
James's answer
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Answered on August 04, 2014
I agree with colleagues. What happened to you is fairly common in Los Angeles. Money taken before you filed BL can be recovered if it had not...
Archived
Am I responsible for paying my scheduled amount after my bankruptcy is discharged?
James's answer
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Answered on August 04, 2014
I agree with colleagues. After C13 plan completed and case discharged you are not longer required to pay any more money into C13 plan. Your plan...
My husband is declaring bankrupcy and he is an authorized user on my credit cards. What do I do.
James's answer
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Answered on August 01, 2014
I agree with colleagues. Yes. H must list all of his liabilities. In California, each of you may be liable for debts incurred by other based on...
Archived
Hello, I filed a ch. 7 BK (CA) in October of 2008 and it was discharged in Oct 09. I'd like to reopen to include student lns.
James's answer
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Answered on August 01, 2014
I agree with colleagues. There is very high hurdle to discharging student loans. You can reopen and attempt to prove undue hardship. Consult BK...
Archived
Timeline: File chapter 7 bankruptcy. Incurred more medical debt. Let ch. 7 dismiss. Refile a few months later. Discharge Meds?
James's answer
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Answered on August 01, 2014
I agree with colleagues. Newly incurred medical debt is dischargeable in subsequent BK.
Archived
I am filing bankruptcy in CA. My only concern is the duplex that I live in with 2co-signers (3 people on the loan).
James's answer
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Answered on August 01, 2014
I agree with colleagues. You are entitled to homestead exemption based on these facts. Depending on how title is held, you may be entitled to...
Does the bankruptcy court still have jurisdiction over an adversarial proceeding once I have dismissed it?
James's answer
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Answered on August 01, 2014
I agree with colleagues. Not enough information to opine. Consult BK litigation counsel.