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Brian H. Nomi
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Brian Nomi’s Answers

106 total


  • If I want to convert my Ch 7 to a ch 13 which form do I complete? Do I have to refile all new docs?

    We filed and court came back that we have to wait a year..so we can convert to a 13,but need to know what forms are needed to submit to courts....

    Brian’s Answer

    It's a form that you file with the court, (F 3015-1.21.NOTICE.CONVERT.CH13). You have to use the court form. You do not have to file all new documents, but there are a couple things you must file when the case is converted. The notice you get from the court will explain exactly which documents must be filed.

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  • What can be discharged in a chapter 13 with regard to divorce.

    I am in a ch 13 BK proceeding as well as a divorce. The dissolution has been completed but property division is still in process. I understand child and spousal support cannot be discharged in any proceeding but I also understand a 13 will disch...

    Brian’s Answer

    The division of the pension will also not be affected by the bankruptcy, most likely, because the pension is an exempt asset and not considered part of the bankruptcy estate. I'd like to know more about the situation. Are you trying to get part of your spouse's pension in the family law proceeding, or the other way around, and are you and your ex doing this Chapter 13 together? It raises questions as to why you are doing a Chapter 13 at all, and these questions would be best discussed with your attorney, or an experienced bankruptcy lawyer if you don't have one already.

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  • Can i be charged daily inerest rates on a past due debt while incarcerated

    I went to the hospital 4 years ago and then was sentanced to prison.the hospital trip was around 5 thousand dollars.now a debt collection agency is trying to charge me almost 12 thousand.is that legel?

    Brian’s Answer

    It certainly is. The good news is that you may be able to wipe this all out with bankruptcy and get a fresh start. Consult a qualified bankruptcy lawyer to get this process started.

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  • Declaration of Non Service filed means...what's next?

    I've not received a summons for a civil case (credit card collection, limited juriscation) case. Learned about it from a solicitation from a law firm. Here's the history I found by going online at the Los Angeles Superior Court website 09...

    Brian’s Answer

    This is something that is filed with the court to show that the plaintiff is taking due dilligence to get you served. The next step is to serve you by alternate means, such as by publication or perhaps some other method that may be authorized by law (posting, certified mail).

    It's not wise to ignore this. Best to get legal counsel and confront the problem. You are checking on the case, which is good.

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  • Hi, I'm a 50% Disabled Combat Veteran in need of a V/A Attorney. Debt Mgt. is Illegally taking 70% of my Disability check.

    I'm in need of a Civil or V/A Attorney. l won an Appeal for PTSD , and Awarded 30% retroactive for 10 years. $28,300. In 2009 Debt. Mgt. started taking the Award saying the $28,300 was a over payment. Due to my age 69, is there reason for ...

    Brian’s Answer

    Tough situation, indeed. Your question is missing several details, and I recommend you talk with an attorney. I'm a vet myself, and would be glad to talk with you.

    Getting past due money from the VA for time while you were incarcerated is going to be tough. Suing them is nearly impossible. But maybe we can help.

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  • My condo was fumigated July 30, paid rent for month of August, have not been able to reenter due to health issues frm toxic fume

    My condo was fumigated July 30, paid rent for Month of August, have not been able to live in condo due to toxic fumes from fumigation. I have health issues, and begged them to reconsider and use Orange oil which would have enabled me to reenter af...

    Brian’s Answer

    If you can prove that you notified the owner in writing of these facts, ahead of time, then you have a strong case for the premises being un-inhabitable. This would justify a withholding of rent. Realize that the landlord will be furious with you if you do withhold or pro-rate the rent. It would be much better to try to work out a solution with the landlord so that you are both happy. But not every landlord is nice or reasonable, and you may be starting a conflict with the landlord that will result in legal problems, such as going to court while the landlord tries to evict you. Best bet is to try to work this out with the landlord.

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  • What about if i owe 5000 and i am dissabled and the mother don't won't to push the case and she lives in tex. movedfrom fla.

    and i live in ky doees she have to start a new case and send it to ky.

    Brian’s Answer

    The general rule is that a defendant is entitled to be sued where he/she lives. It depends on what kind of debt this is, if it is child support then there are different rules.

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  • 3 day notice to perform covenant or quit

    im serving a 3 day notice to perform covenants or quit. do i only have to serve the person on the lease or to a roommate they have

    Brian’s Answer

    I do this a lot, and I always tell my clients to serve every adult person named in the lease. When you do the lawsuit to evict, you name every adult that you know of who lives in the property however. Be sure to follow the legal requirements of serving the 3-day notice (in person service, or else "nail & mail." Most eviction attorneys will advise you for free, and might even prepare the notice for you -- my office does!

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  • After a ch 7 bk trying to modify mortgage but have two additional liens do i have to reaffirm the two other liens?

    I have a discharged ch 7 bk I'm still living in the home and bank of america says I qualify for the department of trustee modification. My question is I have two additional liens on the property. If I modify the first lien with b of a do I have to...

    Brian’s Answer

    You may want to consider re-opening the bankruptcy case, and then "avoiding" these two liens. There is no need to reaffirm them, and your goal should be to get rid of them forever. You can do this either by paying off the liens, in full or in a settled amount less than full. Or by avoiding them in bankruptcy. This is a somewhat difficult task, and not every bankruptcy lawyer is even able to do this.

    You would definitely benefit from a consult with an experienced bankruptcy lawyer. Good luck!

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  • About eviction and bankrupsy

    Could ibe evicted from an apartment while in middle of chap7 bankrupsy

    Brian’s Answer

    The filing of the bankruptcy case creates an automatic stay that halts any efforts to evict you. So that is the good news. The bad news is that a chapter 7 case only lasts for about 4-5 months. Also, the landlord has the right to ask the court for a "motion for relief from the automatic stay." In many districts, these motions are heard on fast notice, as little as 5 days in some cases. So the landlord could make this MFRFAS and then proceed to evict you.

    If you want to stay in your apartment, you'll need to get caught up with rent and in good standing with the landlord again. But no, you can't be evicted just for filing bankruptcy if you are otherwise a good tenant.

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