Archived
1. Under Bankruptcy rules, what basis can mom bring a valid 'motion in violation of stay' under 362(c)3(a) or stay violation
Stuart's answer
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Answered on June 19, 2013
I agree with atty Gruber. Consult with a BK atty ASAP. Multiple BK filings can result in dismissals for bad faith and no automatic stay. You...
Archived
Wife had property before marriage. It was sold and reinvested and then sold during marriage. R the resulting assets joint?
Stuart's answer
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Answered on June 19, 2013
Your intent with respect to the sale proceeds is what is controlling here. I agree with my fellow lawyers that this is a "tracing" issue.
Archived
Chapter 7 - 523(a)(6) filing by a former employer
Stuart's answer
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Answered on June 19, 2013
Your attorney will explain to you that the plaintiff has the burden of proving all the elements of a non-dischargeability claim. It is a high...
Archived
Can a trust deed that passed through chapter 7 be litigated after discharge without re-opening BK
Stuart's answer
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Answered on June 19, 2013
Your attorney should have explained to you about the possibility of a lien strip in connection with a Chapter 13 case. Your decision to file the...
Archived
Can I reschedule a reaffirmation hearing?
Stuart's answer
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Answered on June 19, 2013
Obviously, you do not have an attorney in your case. Who set the date for the hearing? You can contact the judge's clerk to get another date, but...
Archived
The townhouse that I live in has been foreclosed on, my lease is up in another three months. I have section 8 subsidy and I have
Stuart's answer
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Answered on June 19, 2013
As a Section 8 tenant, you may have some additional protection. Contact your counselor and let them give you your options.
Archived
My name and my minor daughters name are on our rental lease agreement. My lease states any additional occupants who stay after
Stuart's answer
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Answered on June 19, 2013
The lease is written with the limitation on who can live there for a reason. LL does not want to rent to 2 people and discover more are actually...
Archived
What happens if an officer signs a search warrant, without the judge knowing
Stuart's answer
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Answered on June 19, 2013
The officer can sign the affidavit which is part of the package sent to the judge who will be asked to issue the search warrant, but the officer...
Can my daughter use my last name at school insted of her bio-father's last name. Even if She doesnt have mine on the birth cert-
Stuart's answer
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Answered on June 19, 2013
As long as there is no fraud involved in using a different name, you can inform the school of the name you want her records filed under and take...
Archived
My boyfriend was wrongfully accused of sexual assault ten years ago. How do we go about clearing his name?
Stuart's answer
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Answered on June 19, 2013
If he was a minor 10 years ago, he may have a chance for an expungement of the conviction. Otherwise, his options are limited. This is a...
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