The complex next door to where I live dropped a large limb from their tree on my vehicle. I was told the only way to have the insurance compensate me for property damage is if I prove negligence, and my insurance doesn't have comprehensive so I ca...
Let me give you some advice from a friend who used to be a staff attorney for the court's small claims advisor office. Take them to smalls claims court. A small claims judges in California are not required to justify their decision in writing and judges will sometimes do what they feel is right rather than follow the letter of the law. You MIGHT be able to prove that the apartment management was negligent in maintaining the tree and get their insurance company to pay the judgment. The carrier will probably to settle before trial.
And moving forward, you really should get better coverage for you own protection.See question
I want to file a chapter 7 but there is 100k equity in my home. Can I "buy" the equity from the Chapter 7 Trustee - using money from my retirement account (which I understand is exempt/safe in a chapter 7? If so, how much would I need to pay t...
You should immediately contact a local bankruptcy attorney to determine the amount of the homestead exemption that you can claim. It is often possible to buy back nonexempt equity from a Chapter 7 trustee, but you need to be very careful and do your your research.
Let's say you have a $400,000 mortgage and you think the house is worth $500,000. In theory, you have $100,000 of equity. You would expect to pay about 8% to 10% in sales costs like brokers fees, so that takes your equity down to about $50,000. And let's say you have a $20,000 homestead and that means you might be able to pay the trustee $30,000 to keep the house.
That's fine if you have $30,000 available. But what happens if the trustee can get a buyer for $600,000? That might mess up your plan to use retirement funds to buy back the house.
There's a lot of uncertainly when you own a property with equity and file for Chapter 7. You need a local attorney who knows the exemption laws of your state and can also discuss Chapter 13 with you.See question
My mother was getting bids for a paint job for the inside of her house, she called 3 company's and all three came out to survey the house and give her their bid. One of the company's told her she needed to sign the estimation so she did. She cal...
I'm moving this question to "construction and development" because it seems like a more specialzied question in construction law.
If you were in California, I would suggest contacting the Constractors State License Board because they investigate and prosecute unlicensed contractors for stuff like this. Perhaps an attorney in your state will reply to offer additional information. Also, contact your licensing board for further advice.See question
My case was dismissed due to non payment of filing fee. Months later I was able to pay the remaining balance of the filling fee and had to pay a fee to reopen my case. Everything was completed, even the meeting of creditors, all that was pending w...
Local practices will vary depend on the polices and procedures of your particular bankruptcy court. Where I practice, the only reason for a hearing on a motion to reopen is if someone objects for some reason. You should have received something from the the court or the opposing party. You may need to go online to visit the court to read the file to see what is going on.See question
I own a small web business. I completed a project in full for a client (original quote, agreement, first payment confirmation, and all communication in writing). After the project was complete they decided they weren't going to pay the balance. ...
I'm in California and don't know the laws of your state. In general, the rule is that you can send invoices and ask for payment of the debt so long as there isn't a specific law in your state prohibiting this conduct. However, repeatedly asking someone to pay a day they said they aren't going to pay isn't exactly productive.
You should send this to a collection agency, file a small claims lawsuit or hire an attorney.See question
What does " Default Judgment per Declaration " means? 04/25/2016 Judgment Filed by Petitioner 04/25/2016 Notice-Entry-Judgment Filed by Petitioner 03/21/2016 Declaration-Default Filed by Petitioner 03/21/2016 Declaration-Serv Pre Dec Dis...
The court entered a default judgment. I was handled by declarations rather than by presenting evidence at a hearing in front of a judge. The judge has the same validity as if had gone to trial.See question
My mother passed away last year (june 2015) I have lived in the home with my mother for over 20 years and my wife now has been living in the same house for 7 1/2 years. After her passing she had a reverse mortgage on the home. We were communicatin...
I'm sorry for your loss, but you haven't described anything illegal about the foreclosure. The reverse mortgage became due when you mom passed away in June 2015. The lender waited a very long time to get its money. Also, pursuing a short sale doesn't any sense based on the facts you've described.See question
I filed chapter 7 bankruptcy, my house was included in the bankruptcy, i did not want it this way, my intensions were always to keep my home, I was very clear about this, long story short, the house was included. I am still living in my home, and...
Mr. Granvold is correct. If you case is formally closed or if the trustee formally abandoned the home, you can sell it. However, we don't know enough about your case to know if either of these things has happened.
As for buying a new house, chances are that you won't qualify for a new mortgage for a couple of years.See question
Real estate issue
Most debts will be discharged unless they fall into one of the exceptions under Section 523 of the Bankruptcy Code. Some debts are automatically "nondischargeable", meaning the survive the bankruptcy. Other debts can be declared such as debts incurred via fraud or wilfull and malicious injury can be declared nondischargeable if the creditor files a timely lawsuit in bankruptcy court.
The exactly basis for the claim against isn't clear, but it probably is dischargeable. You should consult a local bankruptcy attorney for more information.See question
when I looked at my DD214 from 1976 I see it is a general discharge not an honorable
This isn't a bankruptcy question, so I'm moving it to military law. This link should have some useful information for you: http://themilitarywallet.com/types-of-military-discharges/.See question