Archived
Any Legal way to "Freeze" someones Assets before Bankruptcy protection is declared after an "Unlawful Detainer" is suit filed?
Robert's answer
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Answered on April 09, 2017
Why did you let this go eight months? If you let a tenant slide one month, the tenant will slide multiple months. You should have filed the...
How much extra should we pay to file a separate bankruptcy instead of a joint bankruptcy?
Robert's answer
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Answered on April 03, 2017
Most attorneys charge one fee whether it is a single or a joint filing. Accordingly, if it is two separate filings, it should be double the fee ...
Archived
Are California judgement creditor exemptions the same examptions as those allowed in a California Ch. 7 Bankruptcy?
Robert's answer
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Answered on March 31, 2017
You have two different exemption statutes that you can use for bankruptcy in California. CCP 703 and 704. The main difference between them is that...
Archived
Can your spouse final for bankruptcy without the others consent?
Robert's answer
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Answered on March 30, 2017
Modify your settlement agreement to require him to indemnify you for any loss you have as a result of the creditors coming after you as a result of...
Archived
If civil lawsuit debt is disclosed in a marital settlement conference, does it become ineligible for dismissal by a bankruptcy?
Robert's answer
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Answered on March 30, 2017
I would need a lot more information about the nature of the judgment and the proposed settlement agreement before I render an opinion on this one....
Archived
How do I file a "debtor's motion for extension of time to file required documents"? This is for a chapter 7 San Jose Division.
Robert's answer
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Answered on March 28, 2017
I am not aware of such a motion. It is my understanding that the 14 day rule is absolute. Your case will be dismissed. Hire an attorney to refile...
Archived
Is a judgment lien removal possible with bankruptcy?
Robert's answer
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Answered on March 22, 2017
Was your father akso put on title to the home. If yes, bankruptcy by your father may be used to avoid the lien, but he will need experienced...
Archived
Can a stipulation agreement with a creditor still be enforced by the small claims court if I can longer work due to work injury?
Robert's answer
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Answered on March 22, 2017
California Code of Civil Procedure Section 704.160 exempts workman's comp benefits from all creditors except child support claims. Having said...
Archived
I recieved a discharge today, how do I know if the lender will be taking my boat or abandoning it?
Robert's answer
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Answered on March 22, 2017
Trust me, th lender did not abandon the lien. The creditor may not come after you for the debt on the boat, but when you go to sell it or ...
Archived
Can I instruct my living trust to allow the life tenant to sell and/or refinance the property without consent of remaindermen?
Robert's answer
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Answered on March 20, 2017
I don't think you will find a lender who will finance or refinance a life estate. If ther is currently a loan on the property, it will have a due...
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