I am in a active bankruptcy case and was just sued in a civil case concerning ADA compliance. The whole shopping center and other stores were sued in reality where I lease my restaurant. I thought that you could not be sued in a civil action...
Pre-petition claims are covered by the bankruptcy automatic stay and this person should probably be listed as a creditor. However, the alleged ADA violations are ongoing and you might not have any protection if the claim arose after you filed the bankruptcy.See question
I has a ELOC with BB&T when my lawyer file the chapter 7 papers BB&T was listed as a unsecure Debt the court approve the chapter 7 the debt was wiped out but was told there still a lien
First, Chapter 7 cannot be used to remove a voluntary lien on real property. Second, the notice of the bankruptcy that the court sent to BB&T would not have contained any type of notice that you listed the debt as unsecured. it is unlikely that BB&T even knew that part. Unless you have other facts to share, it sounds lie their retain their lien even if your personal responsibility for the debt was wiped out.See question
I'd like to know if criminal restitution fees would be able to be included with my other debt before I attempt to file bankruptcy. My old criminal attorney said it's possible, but he doesn't specialize in bankruptcy so I'm not sure if he is correct.
Under the bankruptcy code (11 U.S.C. Section 523(a)(7) and the precedence set by a 1986 US Supreme Court Ruling (Kelly v. Robinson, 479 U.S. 36) criminal restitution payments cannot be discharged in bankruptcy. However, they can be paid over time in a Chapter 13 bankruptcy .See question
i have filed for chapter 7 bankuptcy and want more time to get some things in order my date meeting with trustee is Sept 9 but i want more time how can i do this ? I live in wylie tx in collin county i filed in eastern district federal court
Attendance is mandatory, so you need to contact the trustee if you want more time.See question
I was just served, by mail, a notice of lodgment and support for motion for contempt and sanctions. The documents did not include a motion to show cause or an RFO. However, I was served, by mail, three months ago with these exact same exhibits,...
You should hire an attorney and review the court's file to see when the hearing date is. It wouldn't be the first time a pro per party failed to give proper notice of a hearing date to their opponent.See question
He went to a gas station and stold 2 12pcks of beer and his friend just happen to be in the gas station. Just bc they said hi too eachoth the DA said it was a conspiracy. As my boyfriend left the gas station the clerk told the friend are I payin...
Your boyfriend needs to hire an attorney who specializes in appeals.See question
Do I request punitive damages for bad faith in my Small Claims Form or just hope the Judge will award them on his own? So far my research keeps pointing to "The Judge cannot award you more than you ask for but can award you less. . . " etc.
Your research is correct in that the judge generally won't give you more than you ask for in the papers you file to the small claim lawsuit. There are times where a judgment might allow an amendment to the claims, but I wouldn't count on it. If you don't ask for them at trial, the judge won't award them. Punitive damages are rarely awarded in small claims.See question
Around 9/28/2015 My fiance took both our cats Sherman & Smokey to the vet for a bath, the reason we wanted "professionals" to do this is because our cat Smokey hates baths. We took them to the same veterinary where we always go. About 2 hours late...
I'm sorry for your lost. However, pets are generally considered property under California law and you generally cannot recover emotion distress for the loss of a pet: http://www.sanfranciscoinjurylawyerblog.com/2012/10/california_case_defines_the_li_1.html
Also, suing someone for professional negligence requires expert testimony from another professional in the same field. The necropsy wasn't exactly definitive, so your chances of success don't seem good. You would need another vet to testify that your vet was negligent.See question
I gave an owner of a business 1,150.00 repairs on my motorcycle. I later declined to the repairs done before he began working on the motorcycle. I asked to return the parts and receive my money back. He declines to tell where he purchased the part...
You certainly have the right to sue and try to get your money back. You haven't provided enough information for me to predict if you will win or lose. Send a letter demanding the money back within 7 days. if that doesn't happen, file a small claims lawsuit.See question
I am the Defendant in an upcoming Small Claims case which I should easily win - the Plaintiff is simply harassing me with the suit and I have all the evidence needed to defend myself against his claim. It is pretty clear that his current suit a...
What you are talking about is essentially a claim for abuse of process or malicious prosecution and that's ot allowed in small claims court. At the time of trial, the judge might be convinced to award you expense such as the flight and hotel, but NOT the lost wages. What you probably should have done is ask for venue to be changed to San Francisco.See question