I was in chapter 7 bankruptcy and discovered civil code Code Section 15610.30 (a) (1) (2) (3). I was not aware of this before filing bankruptcy and before I could notify the BK court, the BK was dismissed and closed. In 2013 two banks withheld se...
Your question is very confusing, but I'll do my best to answer it. The code section you cited covers financial elder abuse and It sounds like you believe that you might have a claim against the banks the predated the bankruptcy. I didn't read anything to make me believe that you have such a case, but that's not for me to decided.
If the claim arose before the bankruptcy, you would to file a motion to reopen the bankruptcy, amend schedule B of the court granted the motion, claim it as exempt (if possible) and ask the trustee to abandon the asset. You have no legal standing to pursue the case until the claim of exemption becomes final or the trustee abandons the claim.
I'm not seeing how any of this relates to your eviction.See question
I filed for chapter 7 and I just received an order approving application for compensation and reimbursement of expenses, what is this? I think it's saying that all the creditors have been paid but I wanted to make sure. Thank you!
The trustee usually files motions like this near the end of the case and the money has probably been distributed. The trustee will often file this motion for his or her own compensation as well as the compensation paid to professionals like attorneys, CPAs and auctioneers.See question
In Aug 2015 I won a case of small claims against my landlord (granted $3240). I recently located the company the defendant is working at and I filed a writ of execution to garnish her salary. I hired a prosecutor company to serve the writ of execu...
You should have a chat with the human resources manager or some other type of supervisor at the company. Show the manager or supervisor copies of the paperwork you had served on the company. Show them a copy of Section 706.154 of the Code of the Civil Procedure, which says you have the right to sue the employer if they don't honor the wage garnishment. Here's the link to the statute: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=706.154.
That should get their attention and make sure the debtor/payroll clerk processes the garnishment.
You didn't mentioning the earnings withhholding order. If the process server didn't serve that, you'll need to start over.See question
Once a homeowner files Chapter 13 bankruptcy petition, can the mortgage lender proceed with foreclosure attempts without first filing it's motion to lift automatic stay and winning the motion in Bankruptcy court in Texas?
With extremely limited exceptions, filing a Chapter 13 bankruptcy creates the automatic stay and the mortgage lender would need to get relief from the automatic stay. Filing multiple Chapter 13 bankruptcy cases could limit the length of the automatic stay or prevent it from going into effect.See question
I received traffic citations 2 years ago from 2 counties in Georgia. The courts for both counties sent my outstanding debt (or citations) to a debt collection company by the name of Pioneer Credit Recovery, Inc. Upon receiving notice from Pioneer,...
The FDCPA applies only to consumer debts. A consumer debt is a debt incurred by a consumer primarily for personal, family, or household purposes. Court fines from traffic citations are not consumer debts. A person creditor card, car loan, medical bills and home loans are common consumer debts.
The FDCPA does not apply.See question
Judgement Package Rec'd 17430
The court entered a judgment against you involving child support. You should consult an family law attorney as soon as possible.See question
The City Manager, City Attorney, and City Clerk have circled the wagons to thwart my access to certain documents, claiming that the records are nonexistent, have seen destroyed, are missing, or "unavailable" or that my request is research, and not...
You are not legally required to to have an attorney to file a petition for writ of mandate, but it isn't a particularly a good idea in the same way you shouldn't perform self surgery.See question
My income is just above the means test, can I have a life under chapter 13
Income alone does not determine if you qualify for Chapter 7 and it sounds like aren't working with an attorney. Chapter 13 can be livable, but I recommend that you consult with an attorney to determine if you actually need to file for a 13.See question
My case was erroneously filed as limited depriving me from discovery process. I need to inform the court about it and retain counsel.
I see nothing in the code that supports you opinion that all labor commissioner decisions must be filed as unlimited civil. These cases are normally file based on the amount of the award, so $25,000 or less would be a limited civil matter a most labor commissioner awards are. If your award was converted to a judgment, the sale rules to enforce it apply equally to limited civil and unlimited civil judgments.
If there was an appeal, the matter will be assigned as limited or unlimited based on the amount of controversy. Discovery is still allowed in limited civil cases and is often of little value.See question
I was going to file chapter 7 bankruptcy in Missouri. I put a small deposit $250 down . Due to unexpected dental emergencies, which require up front payment, I can't afford to file now. I requested a refund in writing. No paperwork was done or ...
It sounds like the attorney still spent time on your case. You'd have to read the fee agreement because it will control whether or not you are entitled to a refund. While I'm sorry you are facing financial stress, I haven't heard you say anything that would cause me to think you deserve a refund. In fact, the financial distress you describe seem confirm that you should continue to save the money and to file the bankruptcy.See question