Is it a violation of the bankruptcy automatic stay to defend against a lawsuit brought by the bankrupt person?
Richard's answer
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Answered on October 09, 2018
A simple maxim of bankruptcy law is that "the automatic stay is a shield, not a sword." In other words, a bankrupt debtor cannot invoke the...
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After response for a dissolution of marriage has been filed with the court, when does response need to be mailed to petitioner?
Richard's answer
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Answered on October 09, 2018
The response is required to be filed with the court, accompanied by a proof of service. In other words, it it to be concurrently served AND filed.
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I have a civil warrant will that be dismissed when I file for chapter7 bankruptcy in CA?
Richard's answer
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Answered on October 08, 2018
Upon filing a bankruptcy case, a stay against all collection actions arises automatically. You need only file a Notice of Stay in the Small Claims...
Archived
What date is the dissolution of marriage response due if it falls on a weekend? (no kids)
Richard's answer
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Answered on October 06, 2018
Sorry to disagree with my colleague, but in California state courts, when the deadline to complete an act falls on a weekend or court holiday, the...
Archived
If I'm planning to file Bankruptcy on Oct 31 when do I have to take the Debtor Education Course?
Richard's answer
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Answered on October 06, 2018
Before you file. It's not when you start the course; it's when you finish it that counts. You can finish 10 minutes before filing the petition and...
Archived
How to report a trustee if she does fraud?
Richard's answer
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Answered on October 06, 2018
The Office of the United States Trustee has oversight responsibility over the Chapter 7 panel trustees. There are offices in each of the divisions...
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If I hire a Bankruptcy lawyer will he/she help me every step of the way or is that extra?
Richard's answer
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Answered on October 06, 2018
In a nutshell, yes. If you retain qualified bankruptcy counsel to represent you in a chapter 7 proceeding, there should be no additional surprises...
Archived
Can my Social Security of $!060 mo. be attached?
Richard's answer
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Answered on October 05, 2018
First, I'm sorry to hear of your financial difficulties. However, rest assured that Social Security benefits are not subject to attachment or...
How does a lien come off after 10 years if it is not renewed.?
Richard's answer
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Answered on October 04, 2018
Assuming that all three liens arise from judgments obtained from monies owing, and that all three of those claims existed and were discharged by...
Archived
Is it a criminal offense under US law for a person refusing to surrender assets located in other country to the bankruptcy trust
Richard's answer
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Answered on October 03, 2018
I agree with my colleagues, David Rausa, who questions why file a bankruptcy that cannot result in a discharge, but also with Robert Firth, who...
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