Archived
Are all settlements granted in a divorce effective even if the divorce decree has not yet been filed at county records office?
Stuart's answer
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Answered on August 30, 2013
Unless your case is bifurcated (split in two parts) between the dissolution of marriage and the property settlement, everything is effective when...
Archived
My mom made me put her name on my new account then took all my money. i want it back but she keeps ignoring me and im on my own
Stuart's answer
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Answered on August 30, 2013
You're in a tough spot because people who steal and cheat others out of their money are usually dealt with by the police and the legal system. ...
Archived
Why creditors might come to the trustee meeting ?
Stuart's answer
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Answered on August 30, 2013
No creditor can "stop the BK 7 process". The few times they show up at the Meeting of Creditors is to find out where is their collateral or...
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Archived
How soon can bank foreclose on my home after the stay has been lifted in Chapter a 13 BK,? Can I dismiss and refile the 13?
Stuart's answer
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Answered on August 30, 2013
As pointed out by other lawyers, the multiple filings are red flags to the court and certainly to the mortgage lender. You must contact an...
Archived
Retirement payment exempt in bankruptcy
Stuart's answer
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Answered on August 30, 2013
While the money is in your retirement account it is fully exempt. Once you receive a distribution and put it in your personal account, it is...
Archived
My parents have inherited money. They owe taxes from a long time ago. However they want to leave something to their kids.
Stuart's answer
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Answered on August 29, 2013
Unless the taxing authority has placed/recorded a lien against any real estate your parents own, the taxing authority will probably be unaware of...
Archived
Is their a point where credit card debt wont be dismissed by bankruptcy
Stuart's answer
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Answered on August 28, 2013
Use the $2500 settlement money to pay for your BK. In my opinion, you are throwing away $2500 unless you think you can manage the remaining...
Does an amended complaint filed after a relief from automatic stay violate the order?
Stuart's answer
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Answered on August 28, 2013
Does the order lifting the stay to permit the continuation of state court litigation have any limiting components? Did the original CoA contain...
Are process servers allowed to come to someone home at 9:30 at night for a credit card debt?
Stuart's answer
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Answered on August 28, 2013
My fellow lawyers have given you good advice. One man's "harassment" is another man's "persistence". Process servers are, by nature, aggressive...
Archived
Can an unsecured credit card like Citibank take away anyone's vehicles/ Trailer or toys when a credit card has not been paid ?
Stuart's answer
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Answered on August 27, 2013
I agree with the answers given by my fellow lawyers. A creditor cannot obtain pre-judgment attachment orders on consumer debts. The creditor must...
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