Archived
If both spouses are named in an unlawful detainer suit, can the process be 'stayed' if only one spouse files for bankruptcy?
Shaye's answer
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Answered on February 05, 2014
Yes, but not for very long. The landlord can get relief from the automatic stay to proceed with the eviction. If a judgment for unlawful detainer...
Archived
Will Bankruptcy remove a medical lien from my home.
Shaye's answer
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Answered on February 05, 2014
Liens are not automatically removed by filing bankruptcy; a motion must be filed and a court order obtained. Medical liens are statutory and...
Archived
Isn't the filing fee supposed to be paid by attorney?
Shaye's answer
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Answered on February 05, 2014
Attorneys fees are for attorneys fees only - not court costs. If an attorney wants you to cover the costs of handling your case, it will normally...
Archived
My wife and I are looking at filing chapter 7 bankruptcy in California but I'm wondering now if only she should file because...
Shaye's answer
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Answered on February 05, 2014
Some backtaxes can actually be discharged in bankruptcy. I also don't think it's necessarily true that you will be blacklisted in the financial...
Archived
What are the risks to renting to a tenant who is about to enter in to chapter 7 bankruptcy? There is always risk of nonpayment.
Shaye's answer
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Answered on February 05, 2014
A tenant who is about to eliminate their debts in Chapter 7 bankruptcy is actually a good credit risk because by eliminating their debt they are...
What does "states motion to dismiss without prejudice" mean?
Shaye's answer
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Answered on February 05, 2014
Without prejudice means the case can be brought again. If the case is dismissed with prejudice, the dismissal is final and the case cannot be...
Archived
In chapter 13 the note was $650 k but the judge cramed The loan
Shaye's answer
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Answered on February 05, 2014
Unless the cosigner is also in bankruptcy and also cramming down the note, they will be liable for the remainder owed on the note and the mortgage...
Archived
I am seeking an attorney that could help me consolidate my student loans with Chase and Sallie Mae. I have been looking!
Shaye's answer
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Answered on February 05, 2014
We are prohibited from soliciting clients or from quoting fees on this forum. You can find a great attorney in your area by clicking the Find A...
Archived
Please clarify the eligibility requirement for filing Chapter 7 as it relates to mostly business debt from a sole proprietorship
Shaye's answer
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Answered on February 05, 2014
If your debts are primarily business debts then you are exempt from the Chapter 7 Means test requirement - you only need to certify that your debts...
Incorrect info on court summons?
Shaye's answer
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Answered on February 05, 2014
An incorrect address is not going to enable you to have the case dismissed. It might be a reason to have venue changed but it normally is proper...