Archived
Is assignee obligated to examine payments to insiders during the several years prior to the assignment?
Stuart's answer
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Answered on July 14, 2015
California Civil Code §3439 et seq sets out the elements of a fraudulent conveyance. The SoL is 4 yrs from the date of the conveyance, or 1 year...
Archived
In California if only wife files chapter 7, can she still take the 100k 704 homestead exemption. Does she list 1/2 equity or all
Stuart's answer
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Answered on July 13, 2015
If she is residing in the homestead and is still married filing Ch7 alone, she can take the $100K exemption. Remember, BK is not a DIY project.
I was discharge 2 years ago my 2nd mortgage was stripped but it still appear on my credit report, how long before this clears up
Stuart's answer
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Answered on July 13, 2015
When you state that your 2nd TD was stripped, you understand that it is not automatic, right? You need a court order from the BK judge stating the...
Archived
Before filing for divorce is a CH. 7 or 13 a good idea when spouse abandoned me?
Stuart's answer
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Answered on July 13, 2015
More facts are needed to give you useful advice. My best advice is to click the Avvo tab "Find a Lawyer". Set up some telephone/in person...
Archived
Does a debtor in chapter 7 bankruptcy in California have a right to switch from 703 to 704 exemptions if trustee thinks equity?
Stuart's answer
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Answered on July 13, 2015
Another reason why a competent BK lawyer is a good investment.
Archived
Malcious Prosecution in an Adversary Bankruptcy Matter. Is this possible?
Stuart's answer
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Answered on July 13, 2015
I concur with my colleague atty Shields. This is a two-step process: (1) Win the adversary case; (2) Prepare, file, and serve the Malicious...
Archived
How far out do I need to schedule a hearing for judgment on the pleadings? This is in realtion to an adversary proceeding
Stuart's answer
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Answered on July 13, 2015
If you are having a hard time with this issue, just think what lies ahead if or when there is a trial or other proceeding. Representing yourself...
Should I negotiate with Nationwide Credit INC based in Lehigh Valley, PA?
Stuart's answer
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Answered on July 12, 2015
My colleagues have given you good advice. Click the Avvo tab "Find a Lawyer" in your area. Get a second opinion from them. Many offer a free...
Archived
I want to know if I should pursue the company C.C.S. for debt collection fraud and/or sue them.
Stuart's answer
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Answered on July 12, 2015
I concur with the advice given by my colleagues.
Archived
What money do I have to report after filing bankruptcy?
Stuart's answer
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Answered on July 12, 2015
More information is needed to give you useful advice: Did you list the shares as an asset in your BK skeds? If so, did you exempt them? Who...
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