Archived
I'm trying to get mortgage company to take back "upside down" house of deceased father in AZ. Can I sell appliances?
Stuart's answer
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Answered on July 03, 2013
As discussed by my fellow lawyers, the issue of "fixtures" comes into play. If something is permanently attached to the building, it is part of...
Can a Default Fraud Judgment be Discharged in Bankruptcy?
Stuart's answer
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Answered on July 03, 2013
The entry of judgment in a state court which judgment is based on fraud is not automatically accepted as a non-dischargeable debt. The creditor...
Archived
Can i withhold some of the rent?
Stuart's answer
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Answered on July 03, 2013
I agree with the advice from my fellow lawyers. You can only repair and deduct after following the steps they suggest. Keep a paper trail of your...
Archived
A parking lot sign in California with the wrong authorizing statute on it, illegal impound?
Stuart's answer
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Answered on July 03, 2013
People are always hoping to avoid a traffic ticket by looking for a legal loophole. In your case, you might have a good chance to beat this. Be...
Archived
UD Trial coming up after Bankruptcy stay lifted
Stuart's answer
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Answered on July 03, 2013
As stated by the other lawyers, the prosecution of the UD is stayed until the stay is lifted. You say the stay was lifted, so the UD case...
Archived
I received a substitution of trustee and Full Reconveyance from Santa Clara County last evening) It was stamped and recorded.
Stuart's answer
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Answered on July 03, 2013
It could mean that the lien on your home held by the 2nd TD is released. But, why would they do that? Christmas comes early to your household!
Archived
My mom and dad filed a chapter 7 bankruptcy almost 2 years go and have received their discharge.
Stuart's answer
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Answered on July 03, 2013
It may be possible to file a motion to reopen the case, amend the Schedule and obtain an order that the debt owed to the second mortgage, BUT, the...
Do you go in front of a Judge for a Discharge Chapter 13
Stuart's answer
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Answered on July 03, 2013
No, your notice of discharge will come in the mail. Congratulations on successful completion. Don't forget to file your post-petition financial...
Archived
Does a chapter 7 trustee value property at the time of petition, or current market value?
Stuart's answer
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Answered on July 03, 2013
Technically, your assets are valued at the time of filing, however, as a practical matter, if the trustee can show that there is some equity at the...
Archived
Chapter 7 California 704 auto exemption. Can wife and I share the exemption? How does it work? If joint filing & have2 cars
Stuart's answer
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Answered on July 03, 2013
Yes, but you cannot exceed the total maximum. You can use the "wildcard" if you still have excess equity in any particular asset.
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