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What are the consequences for financing a vehicle prior to my Chapter 7 discharge?
Shaye's answer
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Answered on August 20, 2014
Very likely the dealership will wait the few days/weeks it will be before you receive your discharge. The bankruptcy court will not be aware of...
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Can a landlord withhold prepaid rent (last month) as a penalty fee?
Shaye's answer
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Answered on August 20, 2014
Because you did not give the proper amount of notice, the landlord is entitled to withhold the prepaid rent not as a penalty fee, but to cover the...
Archived
Do I have to attend order setting case management conference?
Shaye's answer
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Answered on August 20, 2014
While the bankruptcy removed your personal liability for the mortgage, it did not remove the property from your name. The lender must still go...
Why is there not a statute of limitations on a replevin action if said theft of property was over 19 years ago?
Shaye's answer
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Answered on August 20, 2014
Because replevin is not an action to recover on a debt, but rather to recover property which the plaintiff believes belongs to them. If you steal...
Archived
I had a accident and had no insurance. i had to take responsibility for damages or loose my license, can i file bankruptcy?
Shaye's answer
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Answered on August 20, 2014
You can file bankruptcy to eliminate this debt. To the extent it does not involve criminal fines or restitution, it is dischargeable in...
Archived
Bankrupcy to release me from Ex husbands home
Shaye's answer
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Answered on August 20, 2014
Filing bankruptcy will relieve you of the personal liability for this home, but will not remove your name from the title or from the loan. Thus,...
BEING EVICTED ON SSI
Shaye's answer
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Answered on August 20, 2014
Unfortunately, you do not have any special legal protection from being evicted for nonpayment of rent because of your disability. The only...
Archived
What should I do if my employer and I are breaking OT, minimum wage, and tax laws?
Shaye's answer
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Answered on August 20, 2014
I am unaware of any ramifications you could face beyond the obvious tax consequences. It is your employer who can face the most serious...
Can I be deposed after an entry of default?
Shaye's answer
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Answered on August 20, 2014
If the plaintiff has the lift defaulted then the discovery process can continue. You would need to be served with a deposition subpoena in order...
Archived
I live in San Diego CA, and am having a problem with a roommate. What are my rights and what actions can I take to resolve this?
Shaye's answer
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Answered on August 20, 2014
It is unfortunate indeed that you did not specify any terms with regard to guests. Mary can very easily assert that she is now a subtenant of the...