Archived
No notice of judgment filed against me which means I had no chance of disputing it in court. What can I do. Very angry.
Stuart's answer
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Answered on June 17, 2013
I presume that NY offers the same constitutional protections as in CA where I practice. That said, a judgment is only obtained by a...
Archived
Does it matter if my husband files bankruptcy before, during, or after our divorce to try take the house from my children and I?
Stuart's answer
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Answered on June 17, 2013
Debts owed for support are not dischargeable, however, some property settlement orders may be fully or partially dischargeable depending on how...
Can you pay a ticket with someone else's credit card?
Stuart's answer
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Answered on June 17, 2013
The short answer is "Yes" as long as the credit card holder understands he is responsible for payment if you don't reimburse him.
Archived
Im totally Disabled now receiving funds as well as m 11 yr. old my son,my name is on his acc, can they levy take his fund,s
Stuart's answer
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Answered on June 17, 2013
Your safest option is to open a separate bank account in trust for your son. Instruct SS to deposit the funds in that account to avoid any claim...
Archived
Cram down of 2nd mortgage.
Stuart's answer
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Answered on June 17, 2013
I think you are referring to "lien stripping". See my response to that issue.
Archived
Can we file a Chapter 13 after receiving a Chapter 7 discharge in 2011?
Stuart's answer
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Answered on June 17, 2013
Yes, but unless your plan provides for 100% payback, anything still owing at the end of the 13 will not be discharged.
Permanently Stripping my 2nd Mortgage
Stuart's answer
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Answered on June 17, 2013
In order to effect the lien stripping of your second mortgage, you must file a motion before your case is closed giving notice to the lender...
Archived
What do i do if a credit company does not reply to my request to provide me with copy of document on the fraudulent account.
Stuart's answer
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Answered on June 17, 2013
If your facts are accurate, you can sue for damages, but I would not use small claims court. You can use the AVVO "Find a Lawyer" tab to locate an...
Archived
I have a Mediation or ADR hearing on the 25th of June w/ Debt collector. What happens if I don't file a 'mediation brief'?
Stuart's answer
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Answered on June 16, 2013
You might be in over your head. Failure to follow court rules can result in your default being taken and no trial being held. Discovery is long...
Archived
We filed divorce but not final yet. My husband want to bankruptcy Does it affect me ?
Stuart's answer
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Answered on June 15, 2013
Probably not, but since the debts were incurred during marriage, legally it is possible especially if any of the debts were "necessities" (food,...
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