Archived
What is the effect of answering a civil complaint and appearing in a hearing have upon perfection of service and jurisdiction?
Shaye's answer
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Answered on February 17, 2014
Once you appear in the action you cannot challenge defects in service and the court will have personal jurisdiction over you.
Archived
I have large amount of debt after my divorce and finally after 4 years I'm getting back on my feet
Shaye's answer
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Answered on February 17, 2014
Sometimes a bankruptcy is the best way to get a fresh start. It will impact your credit, but if you have judgments and debts with collection...
Archived
Can the courts reverse a bankruptcy if the couple files for a separation
Shaye's answer
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Answered on February 17, 2014
The court is not going to make you convert your case to Chapter 7 merely because you have separated. You might have to get separate attorneys, and...
Archived
North Carolina-serious structural repairs needed on 11 y/o house -- Ch.7 discharge 2004 / not-reaffirmed -- strategic default?
Shaye's answer
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Answered on February 17, 2014
Before you decide to walk away from the property, you should consult with a tax expert to see if there might be a capital gains tax liability after...
How is a joint bank account treated in bankruptcy matters?
Shaye's answer
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Answered on February 17, 2014
Yes, you would list the joint bank account. As your spouse can be affected, you need to consult with a bankruptcy attorney near you to determine...
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Archived
Can I satisfy a judgment lien against my property by using the money from the sale of the property?
Shaye's answer
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Answered on February 17, 2014
Yes, normally here in California you would satisfy the judgment liens as part of the closing process, and they would get paid out of sale proceeds,...
Archived
Should I wait to finance a car until after bankruptcy?
Shaye's answer
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Answered on February 17, 2014
In addition to the great responses you received from the other attorneys, I will suggest you consider whether it would be wise to incur new debt...
Archived
Chap 7 discharged 08/12. Included my house with 3 mortgages. 1 st.100,000 2. 60,000 3. 200,000. So I do not have pay for them.
Shaye's answer
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Answered on February 17, 2014
It is your decision to make. Unless you are refinancing the house, your personal liability for the loan is still part of your prior bankruptcy...
Archived
Tenant rights concerning security deposit and utilities?
Shaye's answer
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Answered on February 17, 2014
If you are required to pay utilities as part of your rental agreement and if these are utility charges that were either incurred by you during your...
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Archived
If you have filed for Bankruptcy, but have not had a creditors meeting, can you withdraw or cancel your filing? For Chapter 7.
Shaye's answer
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Answered on February 17, 2014
You would need to file a motion and get a court order approving the dismissal - it's not automatic. The Chapter 7 Trustee or the creditors can...