Archived
I'm in Chap 13 I"ve been served a automatic stay. My spouse doesn't live in the home. Can it be granted if he hasn't been served
Stuart's answer
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Answered on September 22, 2013
To be accurate, the mortgage lender filed a motion to LIFT the automatic stay because of your missed payments. Your spouse's location is of no...
Archived
Was discharged Chapter 7 in 9/09. Between taxes and internet loans I owe $48,000, what if I file for Chapter 13? any Reduction?
Stuart's answer
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Answered on September 21, 2013
When you file a Chapter 13, you will be required to pay monthly payments to the trustee who, in turn, will distribute the funds to your creditors...
Archived
When I notified our Electric Company that we had filed BK7, they demanded a copy of the Petition w/Payment?
Stuart's answer
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Answered on September 21, 2013
I agree with atty Bunce and Robinson. The amount owed at the time you file is dischargeable. The utility cannot collect it, but they can and do...
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Archived
In CA, will a State Court default judgement for fraud survive bankruptcy with a non-dischargeability 523 action filed?
Stuart's answer
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Answered on September 21, 2013
In my opinion, the fraud action must be proven in BK court using the federal rules of civil procedure and meeting the burden of proof in a BK case....
Archived
Could my uncle get gardeninship over my father after my brother and I have gotten poa?
Stuart's answer
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Answered on September 20, 2013
Atty Corrigan has correctly analyzed your situation.
Archived
Re-opening a dui case 3 months after conviction & writing letter to judge?
Stuart's answer
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Answered on September 20, 2013
Writing a letter is a waste of time. The real legal system does not work like People's Court. Why would a judge be persuaded by your letter?
Archived
Can a landlord put your money in a non interest bearing account because of their religion?
Stuart's answer
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Answered on September 20, 2013
We are talking pennies here due to the low interest rates offered. Besides, most of the time the landlords find plenty of reasons not to refund...
Archived
Can I file for 2 car accidents 1 where I was convicted of DUI, was uninsured both times. And a judgment to the city for towing.
Stuart's answer
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Answered on September 20, 2013
Your question is unclear and more facts are needed to give you useful advice. If by "filing" you refer to bankruptcy, your accidents may fall into...
Archived
If I hire an attorney to do my bankruptcy, does this mean I can't waive my chapter 7 filing fee?
Stuart's answer
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Answered on September 20, 2013
Unless the attorney is pro bono, the chances of getting a fee waiver are slim and none
Archived
I filed for BK chapter 7 in July 2012 and it was finalized December 30, 2012. Liens remain on property.
Stuart's answer
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Answered on September 20, 2013
I respectfully disagree with attorney Hill. While the underlying personal obligation was extinguished by your discharge, the judgment liens...
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