Archived
My landlord filed an unlawful detainer in retaliation. I need to know what to file to sue him for shutting off my water for 3...
Shaye's answer
|
Answered on February 12, 2014
You would need to bring an affirmative lawsuit against your landlord for breach of the warranty of habitability, breach of contract, breach of the...
Archived
How do I remove liens from my home after bankruptcy?
Shaye's answer
|
Answered on February 12, 2014
Your bankruptcy case must be open in order to "avoid" a judgment lien. Now that your bankruptcy has discharged and closed, you would need to reopen...
Archived
Rec'd chapter 7 discharge last year. Now considering filing chapter 13 b/c of problems w/ mortgage, etc. How does prior 7 affect
Shaye's answer
|
Answered on February 12, 2014
Filing a Chapter 13 within 4 years of a prior Chapter 7 is what we call a "Chapter 20". You do not receive a discharge, but you would get...
Archived
Should I file bankruptcy
Shaye's answer
|
Answered on February 12, 2014
The decision to file bankruptcy is made after balancing the risks versus the benefits. On the benefits side would be eliminating the debt and...
Archived
If you ask for debt verification in writing from a debt collection letter
Shaye's answer
|
Answered on February 12, 2014
No. Asking for verification of a debt does not restart the statute of limitations. A new promise to repay the debt, or an acknowledgement that you...
Archived
Can I consult with other parties lawyer?
Shaye's answer
|
Answered on February 12, 2014
You should not consult with this attorney as you know he is represented by the party you intend to sue. If you need to, find an attorney in...
Archived
Will converting from a chpt 13 to a 7 change the automatic stay date?
Shaye's answer
|
Answered on February 12, 2014
Upon converting to Chapter 7 you should amend your list of creditors to include any new debts incurred after the day your Chapter 13 bankruptcy was...
Archived
What is the best way to answer to a credit card debt suit that is passed the SOL?
Shaye's answer
|
Answered on February 12, 2014
It depends; if there are defects in the complaint then the appropriate first response would be a motion to dismiss. As far as what defenses to...
Archived
When should I see our portion of our tax refund after Bankruptcy?
Shaye's answer
|
Answered on February 12, 2014
I don't see why it would be a problem that you filed electronically. As far as how fast you will get the remainder of your refund back, you can...
Archived
Are we responsible for legal fees on a canceled eviction?
Shaye's answer
|
Answered on February 12, 2014
There would need to be a clause in your lease authorizing the landlord to recoup their attorneys fees for your landlord to be able to deduct the...