A complaint was filed before the end of the Statute of Limitations, but not served on defendant. Is it still "alive"?
Stuart's answer
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Answered on June 25, 2013
The Statute of Limitations is satisfied if the case if filed within the 4 year period. Service of the Complaint can occur after the Statute of...
Archived
How much equity a married couple can get from their home, even filling bankruptcy 7 and have a 2nd lien which was written of B?
Stuart's answer
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Answered on June 25, 2013
I agree with the advice from my fellow lawyers. I hope your BK atty explained how a lien strip works and whether or not you were eligible for it...
Archived
Does filing for chapter 7 bankruptcy immediately eliminate my obligation to pay unsecured prepetition debts? If not, why not?
Stuart's answer
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Answered on June 25, 2013
As pointed out by my fellow lawyers, the actual discharge of your unsecured debts occurs at the end of your case. If an unsecured creditor has...
Archived
Do I need to re-open my bankruptcy case and if so how?
Stuart's answer
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Answered on June 24, 2013
Student loans are generally not dischargeable whether or not the creditor does or doesn't do something in the case. Your discharge specifically...
Archived
In CA what are the affirmative defenses in a credit card default case where the causes of action are common counts?
Stuart's answer
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Answered on June 24, 2013
I'm not entirely clear on your question. You have listed 4 options under the Common Counts form pleading from which the plaintiff may check the...
Archived
Am i personally responsible for The division of labor standard endorsement citations?
Business is closed and I'm in a p.BK
Stuart's answer
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Answered on June 24, 2013
The general rule is that debts owed to the government are not dischargeable. If the corporation functioned as such and there are no deficiencies...
Archived
Am i personally responsible for The division of labor standard endorsement citations?
Business is closed and I'm in a p.BK
Stuart's answer
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Answered on June 24, 2013
The general rule is that debts owed to the government are not dischargeable. If the corporation functioned as such and there are no deficiencies...
Archived
Can my son file a BK to delay Sheriff lockout on my foreclosed property even if he is not on title?
Stuart's answer
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Answered on June 24, 2013
There may be a better option than filing BK which could be overkill. Unless the LL served notice on all other occupants by using the "Claim of...
Archived
I am considering filing chapter 7 but am confused about schedule I and J. What if these expenses fluctuate?
Stuart's answer
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Answered on June 24, 2013
If you passed the Means Test on the basis of lower than median allowable income, you don't need to complete the balance of the form. Your expenses...
What is the maximum amount a document preparer can charge me in the state of California if I file without an attorney for ch 7
Stuart's answer
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Answered on June 24, 2013
Since you reside in the Southern District of California, I believe the maximum charge is $150 per local court rule.
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