Archived
My son was forced from his home in FL by his now estranged wife, who subsequently moved her then lover in within the hour.
Stuart's answer
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Answered on April 21, 2013
Your son's prospects for getting child custody look dim in view of the facts you recite. The court must do what is in the best interests of the...
Archived
Is there a specific sheet to submit a declaration from witnesses in a custody trial?
Stuart's answer
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Answered on April 21, 2013
Aside from the declarant signing under penalty of perjury, I wonder whether or not a declaration would be admissible because the opposing attorney...
Archived
Can I make it so my ex only gets supervised visitation with my 3 yr old daughter if he is awaiting trial for major drug charges?
Stuart's answer
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Answered on April 21, 2013
If you have corroborating evidence of these examples, you should be able get visitation rights modified. You need a family law lawyer to help you...
Archived
Can I do a loan modification while in Ch 7?
Stuart's answer
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Answered on April 21, 2013
It is possible but probably better to wait until after you get a discharge as suggested by my fellow lawyers.
Archived
Prospective tenant planning to file for bankruptcy. How to avoid being a creditor?
Stuart's answer
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Answered on April 20, 2013
A landlord is a creditor but special provisions exist for them in the BK rules. If at the time of the signing, the tenant is not in BK, the LL can...
Archived
Need a home loan modification attorney...
Stuart's answer
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Answered on April 20, 2013
I agree with my fellow lawyers.
Archived
Are variable annuities considered as exempt asset for chapter 13 bankruptcy in CA
Stuart's answer
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Answered on April 19, 2013
Unless the annuity is tied to an IRA, it will likely be considered an asset in a BK filing.
Archived
Is it easier to get a chapter 7 discharge than a chapter 13?
Stuart's answer
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Answered on April 19, 2013
A successful chapter 7 case is over in about 4 months and results in discharge of most, if not all, unsecured debts. The debtor must "qualify" for...
Archived
What does a bankruptcy trustee do exactly?
Stuart's answer
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Answered on April 19, 2013
It depends on whether the debtor is filing a Chapter 7 or 13. In a Chapter 7, the trustee's duties include examining the debtor, his paperwork and...
Archived
Am in Ch 7 bk. Can we cancel or withdraw? Filed ch 7 to prevent foreclosure on primary residence. We have paid all arrears
Stuart's answer
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Answered on April 19, 2013
Sounds like you have equity in one or both of the rental properties. If they are sold, any surplus after paying the mortgage and costs of sale...
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