Archived
When drafting a payment agreement, are there restrictions on what the terms of the penalty for a late payment can be?
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Answered on June 18, 2016
In California there are laws regarding "liquidated damages", which this would be. They have to have some relationship (say a percentage) of the...
Archived
Can a lawyer charge additional fee after the trustee case is closed?
Stephen's answer
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Answered on June 10, 2016
It is possible that she did additional work during the proceeding which was not part of the $3,500. It would be stated in the motion.
Archived
Why did I suddenly receive a MC-012 on a 10 yr old debt? I've never been served, have never received anything from a court.
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Answered on June 08, 2016
It sounds as if they are about to renew the judgment, which they must do before June 22, 2016. When they renew, the amount will double (10% per...
Archived
If i file bankruptcy without my husband do i have to include the home?
Stephen's answer
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Answered on May 19, 2016
If you bought the house after you were married, there is a presumption that the house is community property, and all community property has to be...
Archived
Should I file an answer with the court to buy myself time for the settlement to be reached or should I not file anything at all?
Stephen's answer
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Answered on April 08, 2016
If you are in negotiation, you should probably first for an extension to file a response, pending the outcome of the negotiation. Make sure it is...
Archived
Will I be liable for his tax debt and unpaid medical bills that was accrued before I marry him?
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Answered on April 07, 2016
You should obtain a pre-nuptial agreement to make sure that anything that is separate, e.g. you earnings, remain separate. Otherwise any judgment...
Archived
If you have been at the same job for less than a year can your wages get garnished?
Stephen's answer
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Answered on April 07, 2016
The length of time in a current job is not relevant - you can still have your wages garnished.
Archived
I borrowed money from my parents years ago, my siblings believe that is part of my inheritance, I filed bankruptcy and listed it
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Answered on April 04, 2016
You will probably need a good disputed trust/wills attorney to represent you, if you are not going to get your share.
In a chapter 7, if the Trustee states that my car is Exempt, should I keep making my car payments?
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Answered on March 24, 2016
If you wish to keep car you should catch up with all your payments. The creditor can get relief from automatic stay and repossess the car. You...
Archived
Can I cite that 11 USC SEC 1301 protects me under the codebtor stay against negative credit reporting?
Stephen's answer
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Answered on March 23, 2016
Since all the minimum payments seemed to have been made each month, the question is whether there has been a breach of the loan agreement with the...
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