Archived
I have active Unlawful Detainer (pre-judgement), I have also filed for bankruptcy. How do I let the UD court know that I have?
Stuart's answer
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Answered on July 17, 2018
Unfortunately, filing BK in the "11th hour" of a UD case will only give you very limited relief. There are special rules and procedures in the BK...
15266709 RETURN SHEET - DEFAULT & JUDGMENT
Stuart's answer
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Answered on July 17, 2018
And your question is? More facts are needed, plus you need to ask a specific question in order for any lawyer to offer advice.
Are California homestead exemptions for chapter 7bankruptcy only available if you have lived in your home for a certain time?
Stuart's answer
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Answered on July 17, 2018
Sounds like you might be considering filing BK w/o a lawyer. Big mistake.
This is not a DIY project. That said, you may be confused about how...
Archived
How do you request a dismissal of fraud claim in Superior Court, if same claim is dismissed in Bankruptcy adversary proceeding?
Stuart's answer
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Answered on July 17, 2018
A defendant cannot successfully request dismissal of the plaintiff's case by merely making the request. If legal grounds exist, the proper...
Archived
I receive alimony my ex has just filed for chapter 7 and I received notice will this affect my alimony ?
Stuart's answer
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Answered on July 16, 2018
I believe family/spousal/child support is non-dischargeable without you having to take any action. 11 USC §523(a)(5) says: "A discharge under...
Archived
Bankruptcy?
Stuart's answer
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Answered on July 16, 2018
Attys Whittaker and Gist have fully answered your post and I concur with my second opinion. That said, filing BK is not a DIY project. ...
Archived
Can you file a lawsuit in the middle of a bankruptcy seven case
Stuart's answer
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Answered on July 16, 2018
It depends. What does your BK lawyer say? No lawyer? If you had a claim against some defendant at the time of your filing BK, that should have...
Archived
Why would a Insurance company place a lien for a second mortgage that was discharged? File bankruptcy in 2009.
Stuart's answer
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Answered on July 16, 2018
Charge off is an accounting term/requirement for a non-performing asset. The lien survived the BK discharge of the debt and must be repaid to...
How can I remove my late husband's name from property title and car title?
Stuart's answer
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Answered on July 16, 2018
With respect to the real estate, prepare an Affidavit of Death of Joint Tenant. Sign it in the presence of a Notary Public. Attach a certified...
What will happen if a person files for bankruptcy if I placed a lien on their home?
Stuart's answer
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Answered on July 16, 2018
The bad news is the borrower can avoid involuntary judgment liens if they impair the debtor's homestead exemption amount. I suggest you contact a...
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