Archived
I filled out the Responsive Declaration to Request for Order, but I never served the other party. Case is tomorrow.
Brian's answer
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Answered on April 25, 2013
Fax opposing counsel immediately and at least get it filed at the courthouse today. You are not entitled to any special consideration for not...
Should I hire a different attorney to handle my bankruptcy case?
Brian's answer
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Answered on April 25, 2013
The judge will decide whether it's appropriate to dismiss your case or to let it proceed. He will listen to arguments from both your attorney and...
Archived
We just received chapter 7 discharge and soon after received a call from our second mortgage asking us to pay our balance
Brian's answer
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Answered on April 24, 2013
You can file Ch13 any time; but whether you can get rid of the 2nd mortgage lien depends on whether your house is worth more than what you owe on...
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I owe American Express $20,000. Can they sue me ? I am self employed would thus affect my business?
Brian's answer
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Answered on April 24, 2013
Of course they can sue you. But I can't think of any reason why that should affect your business (unless your business requires you to have a high...
Archived
I have been on unemployment for 6 months and unable to make credit card payments can they garnish my unemployment in California
Brian's answer
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Answered on April 24, 2013
They can't garnish your unemployment; but they might issue a 1099-c for the cancelled debt. You'll need to file a BK before they do in order for...
Archived
California chapter 7 bankruptcy. Can I use the CA exemption system to protect my property out of state?
Brian's answer
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Answered on April 24, 2013
Maybe ... if you resided in CA two years ago (to oversimplify the rule a bit), you can use the CA exemptions.
Archived
What steps do u take if u find out that the property u are selling has a lien ($124-$127 thousand) that was expected to be...
Brian's answer
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Answered on April 24, 2013
The debt WAS discharged (at least your personal responsibility to pay it) but the lien remains. You cannot remove the lien unless it was a...
Archived
Will father get more time during school breaks, if I ask the court to eliminate the overnight portion of his weekly visits?
Brian's answer
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Answered on April 24, 2013
Your first step, of course, is to explain the situation to her father and persuade him to agree to give up the Thursday night visits when...
Archived
The time limitations for legal action on old credit card debt in CA is 4 yrs-
Brian's answer
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Answered on April 23, 2013
depends on where they sue you
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Archived
We already stopped paying our mortgage. how long we can stay if filed ch. 13 without paying mortgage?
Brian's answer
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Answered on April 23, 2013
If your ongoing mortgage payments are not being paid in your Plan, then your mortgage company will eventually file a motion for relief from stay so...
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