Archived
I have a discharged ch 7 BK but mortgage lender sent me a letter saying i am in serious default with payments due since Jan 11
Timothy's answer
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Answered on August 30, 2011
If your personal liability on the mortgage was in fact discharged in the bankruptcy proceeding, the notice is likely errant. If you filed for...
Archived
How much does it cost to file bankruptcy in California?
Timothy's answer
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Answered on August 29, 2011
The cost to file a petition with the court in a Chapter 7 case is $299; Chapter 13 has a $274 filing fee. Attorney fees vary, and most fee...
Archived
Restraining Order
Timothy's answer
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Answered on August 28, 2011
If you have been physically assaulted by your spouse, regardless of whether or not you are currently living in the home, you theoretically have...
Archived
Military divorce and bankruptcy where my spouse is going to school on my mgib. how complicated is this going to be?
Timothy's answer
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Answered on August 27, 2011
When both a divorce and bankruptcy are being contemplated, timing is of paramount importance depending upon the specific facts of the...
Archived
Lawsuit dismissed, but Plaintiff emailing evidence from case to everyone at my office! Is this harassment - Restraining Order?
Timothy's answer
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Answered on August 26, 2011
The type of harassment that is enjoined by a DVRO is more akin to stalking or direct or indirect attempts to make contact. Dissemination of these...
Archived
Can a retailer use the payment of the restitution letter as evidence in criminal court
Timothy's answer
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Answered on August 26, 2011
The District Attorney or City Attorney makes the determination whether or not to press charges or prosecute a crime, not the alleged victim. Any...
Archived
Domestic violance
Timothy's answer
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Answered on August 25, 2011
There are a multitude of issues here.
The emergency protective order was effectuated at the point of arrest when you agreed to it. Now, it is...
Archived
My sister went to court today to get her TRO against her ex official. His lawyer showed and asked for a continuance pending his
Timothy's answer
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Answered on August 25, 2011
Given the pending criminal case, the other party requested a continuance in order to avoid giving testimony that could be used against them (in the...
Archived
My husband is claiming in our divorce papers that he took a loan from a friend to pay my mortgage.
Timothy's answer
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Answered on August 24, 2011
Your spouse should have claimed the "loan" was a gift, as a gift to him during the marriage would be his separate property. Either way, the "loan"...
Archived
Chapter 7 -If took money out of my 401(k) a couple of months ago 2 pay bills, is income 4 means test? What about $ took last yr
Timothy's answer
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Answered on August 24, 2011
The Means Test looks back six months, so if the income does prevent you from "passing", you can always wait another few months when the income will...
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